Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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418. To ask the Minister for Culture, Heritage and the Gaeltacht her views on findings of the Office of the Information Commissioner (details supplied); if her statement on the matter was made on the basis of legal advice received by her Department or if it is her opinion; further to Parliamentary Question No. 59 of 22 September 2021, if the new decision-making process differs from the previous process in respect of freedom of information referred to in her response. [50936/21]

Catherine Martin (Dublin Rathdown, Green Party)
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I would refer the Deputy to my previous response on this matter as set out in Parliamentary Question No. 59 of 22 September 2021. 

As previously stated, my Department is satisfied that the third party organisation concerned fully cooperated with the process at all times and provided all records that fell within the scope of the request for each decision and that there is no basis for any suggestion that this organisation engaged in any action that would come within the scope of Section 52 of the FOI Act. 

The Office of the Information Commission Investigator, who proposed that a second decision making process be undertaken, did not include in their report any reference to records having been altered in a manner that would give rise to a violation of Section 52 of the FOI Act. I am advised, therefore, that legal advice was neither required nor sought in relation to this matter.  

Finally I am advised that the records released by the decision maker in my Department under the second decision making process were consistent with the records provided in the original decision and the only additional records that were provided were those that were created in the interim.

I trust that this is of assistance to the Deputy in clarifying this matter.