[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.4 S.34
(1), and
(ii) on the expiration of each period of 12 months (or such other period not
exceeding 24 months in length as may be prescribed) from that date, review
the operation of subsection (1) during that period.
(b) A Minister of the Government shall not take part in a review under this
subsection in so far as it relates to a certificate issued by him or her but may make
submissions to the other Ministers of the Government concerned in relation to the
part of such a review in which he or she is precluded as aforesaid from taking
part.
(c) If, following a review under this subsection, the Ministers of the Government
concerned are not satisfied—
(i) that a record to which the certificate concerned relates is an exempt record,
or
(ii) that any of the information contained in the record is of sufficient sensitivity
or seriousness to justify the continuance in force of the certificate,
they shall request the Minister of the Government concerned to revoke the
certificate.
(d) A Minister of the Government may, for the purposes of a review by that Minister
of the Government under this subsection, examine all relevant records held by or
on behalf of or under the control of another head.
(8) (a) The Taoiseach may, at any time, review the operation of subsection (1) in so far
as it relates to any other Minister of the Government or the issue of a particular
certificate by another Minister of the Government.
(b) Paragraph (c) and (d) of subsection (7) shall have effect in relation to a review
under this subsection with the necessary modifications.
(9) A Minister of the Government may, and shall, if so requested pursuant to subsection
(7)(c), by instrument signed by him or her, revoke a certificate issued by that Minister
of the Government and, if he or she does so, he or she shall cause the requester
concerned to be furnished forthwith with a copy of the instrument.
(10) If a certificate or the decision concerned under section 13 or 21 in relation to a record
to which a certificate relates is annulled by the High Court under section 24, the
certificate shall thereupon expire.
(11) A Minister of the Government shall, in each year after the year in which this section
comes into operation, cause to be prepared and furnished to the Commissioner a
report in writing specifying the number of certificates issued by him or her in the
preceding year and the provisions of section 32 or 33, as may be appropriate, by virtue
of which, pursuant to section 13, the grant of the FOI request concerned was refused,
or, pursuant to section 21, a decision to uphold a decision to refuse to grant, the FOI
request concerned was made.
(12) Where a certificate is revoked or has expired and another certificate is not in force in
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