[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.4 S.40
(l) trade between persons in the State and persons outside the State,
(m) trade secrets or financial, commercial, industrial, scientific or technical
information belonging to the State or a public body, that are of substantial value
or reasonably likely to be of substantial value,
(n) information the disclosure of which could reasonably be expected to affect
adversely the competitive position of a public body in relation to activities carried
on by it on a commercial basis,
(o) the economic or financial circumstances of a public body,
(p) investment or provision of financial support by or on behalf of the State or a
public body,
(q) liabilities of the State or a public body, or
(r) advising on or managing public infrastructure projects, including public private
partnership arrangements (within the meaning of the State Authorities (Public
Private Partnership Arrangements) Act 2002).
(3) Subsection (1) does not apply in relation to a case in which, in the opinion of the head
concerned, the public interest would, on balance, be better served by granting than by
refusing to grant the FOI request concerned.
Enactments relating to non-disclosure of records
41. (1) A head shall refuse to grant an FOI request if—
(a) the disclosure of the record concerned is prohibited by law of the European
Union or any enactment (other than a provision specified in column (3) of Part 1
or 2 of Schedule 3 of an enactment specified in that Schedule), or
(b) the non-disclosure of the record is authorised by any such enactment in certain
circumstances and the case is one in which the head would, pursuant to the
enactment, refuse to disclose the record.
(2) A joint committee of both Houses of the Oireachtas shall, if authorised in that behalf
by both such Houses (and such a committee so authorised is referred to subsequently
in this section as “the committee”)—
(a) review from time to time the operation of any provisions of any enactment that
authorise or require the non-disclosure of a record (other than a provision
specified in the said column (3)) for the purpose of ascertaining whether, having
regard to the provisions, purposes and spirit of this Act—
(i) any of those provisions should be amended or repealed, or
(ii) a reference to any of them should be included in the said column (3),
and
(b) prepare and furnish to each such House a report in writing of the results of the
review aforesaid and, if it considers it appropriate to do so, include in the report
recommendations in relation to the amendment, repeal or continuance in force of,
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