Ms Emily O'Reilly:

It sort of mirrors what happened with the Health and Safety Authority some years ago. Its inspection arm was taken outside FOI, but this was not communicated to us. It seems to be on all fours. If there are interests to be protected, they can be protected under FOI provisions rather than by having a blanket exemption. The Department has made a mistake in any event, in that the body in question is under FOI.