Freedom of Information Act, 1997

Parliamentary, court and certain other matters.

22.—(1) A head shall refuse to grant a request under section 7 if the record concerned—

(a) would be exempt from production in proceedings in a court on the ground of legal professional privilege,

(b) is such that its disclosure would constitute contempt of court, or

(c) consists of—

(i) the private papers of a representative in the European Parliament or a member of a local authority or a health board, or

(ii) opinions, advice, recommendations, or the results of consultations, considered by—

(I) either House of the Oireachtas or the Chairman or Deputy Chairman or any other member of either such House or a member of the staff of the Office of the Houses of the Oireachtas for the purposes of the proceedings at a sitting of either such House, or

(II) a committee appointed by either such House or jointly by both such Houses and consisting of members of either or both of such Houses or a member of such a committee or a member of the staff of the Office of the Houses of the Oireachtas for the purposes of the proceedings at a meeting of such a committee.

(2) Where a request under section 7 relates to a record to which subsection (1)(a) applies, or would, if the record existed, apply, and the head concerned is satisfied that the disclosure of the existence or non-existence of the record would be contrary to the public interest, he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.