Brendan Howlin (Wexford, Labour) | Oireachtas source

Section 45(2) permits the Information Commissioner to enter a premises of an FOI body to examine and copy records which in his or her view are relevant to his or her investigation, and the commissioner may remove those records from the premises for a reasonable period. Section 45(10) prevents the Information Commissioner from entering Garda premises or from taking documents designated by regulation, under section 126(1)(a) of An Garda Síochána Act 2005. It was necessary to provide this provision because the information contained in some premises could be of such a highly sensitive and confidential nature that it would compromise criminal investigation. I am advised it would not be appropriate or in the public interest for the Information Commissioner to have power to enter Garda premises to take those records and potentially remove them.

A similar provision prevents the Garda Ombudsman from entering certain premises of An Garda Síochána. It could not be the case that the Information Commissioner could enter premises and seize documents where the Garda Ombudsman was not so allowed.