PT.5 S.42[NO. 30.]
Freedom of Information Act 2014.
[2014.]
relation to the enforcement or administration of the law to an FOI body, or
where such information is otherwise in its possession, or
(ii) any other source of such information provided in confidence to an FOI body,
or where such information is otherwise in its possession.
PART 6
THE INFORMATION COMMISSIONER
Continuance of office of Information Commissioner
43. (1) Notwithstanding the repeal of the Act of 1997 by section 5, the office of the
Information Commissioner shall continue in being and the holder of the office shall
continue in office and be known as the Information Commissioner.
(2) The Commissioner shall be a corporation sole with perpetual succession and an
official seal and with power—
(a) to sue and be sued, and
(b) with the consent of the Minister and the Minister for Finance, to acquire, hold
and dispose of land or an interest in land, and to acquire, hold and dispose of any
other property.
(3) The Commissioner shall be independent in the performance of his or her functions.
(4) The appointment of a person to be the Commissioner shall be made by the President
on the advice of the Government following a resolution passed by Dáil Éireann and
by Seanad Éireann recommending the appointment of the person.
(5) (a) Subject to this section, Schedule 2 shall have effect in relation to the
Commissioner.
(b) Section 2(6) of the Ombudsman Act 1980 shall not apply to a person who holds
the office of Ombudsman and also holds the office of Commissioner.
(c) Paragraph 5 of Schedule 2 shall not have effect in relation to remuneration in a
case where the person who holds the office of Ombudsman also holds the office
of Commissioner.
Review of operation of Act and investigations by Commissioner
44. (1) The Commissioner shall keep the operation of this Act under review and may carry
out an investigation at any time into the practices and procedures adopted by FOI
bodies generally or any particular FOI body or FOI bodies for the purposes of
compliance with—
(a) the provisions of this Act generally, or
(b) any particular provisions of this Act.
(2) The Commissioner may at any time carry out an investigation into the practices and
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