PT.4 S.34[NO. 30.]
Freedom of Information Act 2014.
[2014.]
(“certificate”), that the record is, by virtue of section 32 or 33, an exempt record.
(b) A Minister of the Government shall not issue a certificate in respect of a record
the subject of a decision referred to in clause (I) or (II) of paragraph (a)(i) by the
head of an FOI body (other than a Department of State) unless he or she has been
requested by the head, in writing or such other form as may be determined, to do
so.
(2) Where an application is made to a head for the review under section 21 of a decision
to refuse to grant an FOI request, a certificate shall not be issued in respect of the
record concerned more than 3 weeks after the date of the receipt of the application by
that head.
(3) While a certificate is in force—
(a) the record to which it relates shall, subject to this Act, be deemed conclusively to
be an exempt record, and
(b) an application for a review under section 21 or 22, as may be appropriate, of the
decision concerned under section 13 or 21 in relation to the record shall not lie.
(4) A document purporting to be a certificate and to be signed by a Minister of the
Government shall, unless the contrary is proved, be deemed to be a certificate of that
Minister of the Government and to be in force and shall be received in any
proceedings in a court or under section 21 or 22 without further proof.
(5) A certificate shall specify—
(a) the FOI request concerned,
(b) the provisions of section 32 or 33, as may be appropriate, by reference to which
the record to which it relates is an exempt record,
(c) the date on which the certificate is signed by the Minister of the Government
concerned and the date of its expiration, and
(d) the name of the requester,
and shall be signed by the Minister of the Government by whom it is issued.
(6) Upon the issue of a certificate, the Minister of the Government concerned shall
cause—
(a) a copy of the certificate to be furnished forthwith to the requester concerned, and
(b) a copy of the certificate and a statement in writing of the reasons why the record
to which it relates is an exempt record and of the matter by reference to which the
Minister of the Government is satisfied that subsection (1)(a)(ii) applies to the
record to be furnished forthwith to the Taoiseach and such other Ministers of the
Government as may be prescribed.
(7) (a) Subject to paragraph (b), the Taoiseach, jointly with any other Ministers of the
Government standing prescribed under subsection (6), shall—
(i) as soon as may be after 1 January 2015, review the operation of subsection
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