Joan Burton (Dublin West, Labour)
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Question 543: To ask the Minister for Finance the public bodies and agencies within his Department exempted from the full remit of the freedom of information legislation; and if he will make a statement on the matter. [1837/06]

Brian Cowen (Laois-Offaly, Fianna Fail)
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The bodies and agencies under the aegis of my Department that are subject to freedom of information in respect of certain functions only are the Office of the Information Commissioner, the Office of the Comptroller and Auditor General and the Office of the Ombudsman.

Under section 46(1)(c)(i) of the Freedom of Information Acts 1997 and 2003 the Act does not apply to a record relating to "a review under section 34 or an investigation under section 36,". This provides that matters relating to investigations by the Information Commissioner are excluded from the scope of the freedom of information legislation as it would be inappropriate to allow for requests in respect of ongoing reviews.

Under section 46(1)(c)(ii) of the Freedom of Information Acts 1997 and 2003, the Act does not apply to "an audit, inspection or examination carried out by the Comptroller and Auditor General under the Comptroller and Auditor General Acts 1923 and 1993, the Exchequer and Audit Department Acts 1866 and 1921 or any other enactment,". The general administration of the Office of the Comptroller and Auditor General comes within the scope of the Act while its constitutional functions are excluded. Article 33.4 of the Constitution provides that the Comptroller and Auditor General shall report to Dáil Éireann.

Under section 46(1)(c)(iii) of the Freedom of Information Acts 1997 and 2003, the Act does not apply to "an investigation or examination carried out by the Ombudsman under the Ombudsman Act 1980". Matters relating to investigations by the Ombudsman are excluded from the scope of the Act as the conduct of these investigations is covered by the Ombudsman Act 1980.

In respect of the three bodies listed above, records that were created before the commencement of the review, investigation, audit, inspection or examination aforesaid or records relating to the general administration of the Office of the Commissioner, the Office of the Comptroller and Auditor General or the Office of the Ombudsman are covered by the Freedom of Information Acts under section 46(1)(iii)(I) and (II).