PT.6 S.45[NO. 30.]
Freedom of Information Act 2014.
[2014.]
(5) The Commissioner may, if he or she thinks fit, pay to any person who, for the
purposes of a review under section 22, or an investigation under section 44, attends
before the Commissioner or furnishes information or a record or other thing to him or
her—
(a) sums in respect of travelling and subsistence expenses properly incurred by the
person, and
(b) allowances by way of compensation for loss of his or her time,
of such amount as may be determined by the Minister.
(6) Subject to this Act, the procedure for conducting a review under section 22 or an
investigation under section 44 shall be such as the Commissioner considers
appropriate in all the circumstances of the case and, without prejudice to the
foregoing, shall be as informal as is consistent with the due performance of the
functions of the Commissioner.
(7) A person who fails or refuses to comply with a requirement under this section or who
hinders or obstructs the Commissioner in the performance of his or her functions
under this section shall be guilty of an offence and be liable on summary conviction to
a class A fine or imprisonment for a term not exceeding 6 months or both.
(8) Where an FOI body fails to comply with a binding decision of the Commissioner
under this Act, the Information Commissioner may apply to the court for an order to
oblige the FOI body to comply with the decision.
(9) This section does not apply to a record in respect of which a certificate under section
34 is in force.
(10) Subsection (2) shall not apply to—
(a) information, documents or things designated by regulations made under section
126(1)(a) of the Garda Síochána Act 2005, or
(b) Garda Síochána stations designated by regulations made under section 126(1)(b)
of the Garda Síochána Act 2005,
except to the extent specified in a direction of the Minister for Justice and Equality.
(11) In deciding where to issue a direction under subsection (10) the Minister shall take
into account the public interest.
(12) The Commissioner shall comply with the provisions on professional secrecy in—
(a) the Rome Treaty,
(b) the ESCB Statute, or
(c) any of the Supervisory Directives,
(within the meaning of the Central Bank Act 1942) in holding and dealing with
information contained in records provided to him or her by the Bank under this Act.
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