PT.4 S.32[NO. 30.]
Freedom of Information Act 2014.
[2014.]
and
(b) in the opinion of the head concerned, the public interest would, on balance, be
better served by granting than by refusing to grant the request concerned.
(4) For the purposes of subsection (1) “penal institution” means any or all of the
following:
(a) a place to which the Prisons Acts 1826 to 2007 apply;
(b) a military prison or detention barrack within the meaning, in each case, of the
Defence Act 1954;
(c) Saint Patrick’s Institution.
Security, defence and international relations
33. (1) A head may refuse to grant an FOI request in relation to a record (and in particular but
without prejudice to the generality otherwise of this subsection, to a record to which
subsection (2) applies) if, in the opinion of the head, access to it could reasonably be
expected to affect adversely—
(a) the security of the State,
(b) the defence of the State,
(c) matters relating to Northern Ireland, or
(d) the international relations of the State.
(2) This subsection applies to a record that—
(a) contains information that relates to the tactics, strategy or operations of the
Defence Forces in or outside the State, or
(b) contains a communication between a Minister of the Government or his or her
Department or Office and a diplomatic mission or consular post in the State or of
the State or a communication between the Government or an officer of a Minister
of the Government or another person acting on behalf of such a Minister and
another government or a person acting on behalf of another government—
(i) other than where such information was communicated in confidence or
relates to negotiations between the State and the other state in question or in
relation to such a state, or is a record of that other state containing
information the disclosure of which is prohibited by that state, or
(ii) other than a record containing analysis, opinions, advice, recommendations
and the results of consultations or information the release of which, in the
opinion of the head, could reasonably be expected to affect adversely the
international relations of the State,
in which case (that is to say, either of the cases falling within subparagraph (i) or
(ii)), the request shall be refused.
(3) A head shall refuse to grant an FOI request if the record concerned—
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