1. Representations received by a Minister concerning the business of the department for which s/he holds responsibility
Where representations are received by a Minister regarding the business of the department for which s/he holds responsibility they come within the scope of the FOI Act. Such representations are likely to be either personal representations, where an individual is seeking ministerial assistance in securing a particular benefit for his/her particular case, or general representations. The latter are likely to be focused on the broader business of the department.

Personal representations. Material of this nature tends to relate to matters particularly affecting an individual such as eligibility for a grant, entitlement to a pension, amount of a payment received etc. Such material will generally come within the definition of "personal information" under the Freedom of Information Act and enjoy certain safeguards.

In practice the following rules will apply in relation to such information:
1. The person to whom the information relates can seek to access the file concerning their representations,
2. Such access will normally be provided unless particular damage would result (e.g. to a law enforcement matter),
3. Third parties cannot normally gain access to this material, unless with the authorisation of the person concerned.

In exceptional circumstances such material may, in the public interest be released to a third party. However, this cannot be done against the wishes of the person to whom the information relates except by the Information Commissioner or the courts, following consultations with the person. Having regard to the constitutional right to privacy it is anticipated that such an eventuality will very rarely arise.

Other representations to Ministers. Material of this nature is likely to arise where the author is commenting on or endeavouring to influence departmental policy or practice, or seeking benefit for a particular interest. Such material is most likely to be generated by interest groups, the community sector and lobbying sources. In the normal course material relating to such representations may be accessible both by the author and by third parties under FOI.

However, the exemptions of the Act may be invoked in certain circumstances e.g.:
1. where papers relating to the representation are particularly relevant to a "live" policy making process, a department may wish to refuse access under section 20,
2. where the representation contains sensitive business information which, if disclosed, would be likely to cause a loss for the person to whom it relates
3. the content of the material is such that its disclosure would be likely to cause damage to a law enforcement matter.

2. Representations received by one Minister which are forwarded on to another Minister for response.
(a) The usual reason for forwarding a representation onwards to a second Minister is generally because s/he has departmental responsibility for the matters referred to in the rep. In such cases, the papers generated in the second department come within the scope of FOI.

(b) Where representations received by one Minister are forwarded to another Minister and relate purely to party political matters, they would not come within the scope of FOI because they are not relevant to the work of either department.

3. Material entirely outside the scope of the FOI Act
Representations received by a Minister from constituents, party colleagues and others are entirely outside the scope of the FOI Act if all of the following conditions are met:
(i) they do not concern the business of the department for which the Minister holds responsibility, and
(ii) they relate to his/her activities as a member of the Oireachtas, or to party political matters, and
(iii) they are not forwarded onwards for action by another department/public body.