Ms Emily O'Reilly:

Yes, so that can be tested against the provisions of the FOI Act. For example, if the non-disclosure provision in regard to inspection reports under section 53 of the Education Act are included in the Third Schedule it means they can be released by reference to the FOI Act, as opposed to simply saying that they are not included, therefore nothing can be released. Some of the non-disclosure provisions in regard to financial bodies such as NAMA, the National Pensions Reserve Fund and other agencies should be included in the Third Schedule in order that records can be released in regard to the provisions of the FOI Act.