[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.2 S.6
regard to the matters specified in subsection (6), by order declare that subsection
(1) shall not apply to any particular public body to the extent specified in the
order.
(b) The Minister may after consultation with such other Minister of the Government
(if any) as appears to him or her to be appropriate having regard to the functions
of that other Minister of the Government, having consulted such committee of the
Houses of the Oireachtas as he or she considers appropriate and having regard to
the matters specified in subsection (6), by order amend or revoke an order under
this subsection.
(6) The matters referred to in subsections (5)(a) and (b) are the need—
(a) to ensure, in the public interest, openness regarding—
(i) the activities of public bodies and their use of public funds,
(ii) information relating to the performance of such bodies’ functions, and
(iii) information on services funded by the State,
and in particular (as respects those matters) to ensure accountability and the
promotion of the principle of transparency in government and public affairs,
(b) to ensure that public bodies are subject to this Act to the maximum extent
feasible, and
(c) to protect the public interest by restricting access to certain records.
(7) Where a dispute arises between the Commissioner and any entity as to whether
subsection (1) applies or as to the conditions arising by virtue of that subsection, the
dispute shall be submitted to the Minister whose determination shall be binding on the
Commissioner and the entity.
(8) The power of amendment or revocation under subsection (5) is without prejudice to
the application of section 22(3) of the Interpretation Act 2005 to other provisions of
this Act enabling the making of orders.
(9) (a) The Minister may, after consultation with the Commissioner and such committee
of the Houses of the Oireachtas as he or she considers appropriate, and with the
consent of such other Minister (if any) as appears to the Minister to have
responsibility for that entity, and having regard to the matters referred to in
subsection (6), by order declare an entity or a subsidiary of, or a body directly or
indirectly controlled by, such an entity—
(i) specified in Part 1 of Schedule 1 to be a public body on the basis of different
elements of that entity’s functions from those specified in that Part, or to be
exempted from the provisions of this Act, or
(ii) specified in Part 2 of Schedule 1 to be a public body.
(b) An order made under paragraph (a) may—
(i) specify the inclusion or exclusion of elements of—
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