1. It may frequently arise that records of public bodies not currently subject to FOI may come within the scope of a request by virtue of being held by a Government department or other body coming with sub-paragraph (2) of the First Schedule. It should be noted that, in appropriate circumstances, such records may directly secure exemption under sections 22, 23, 24, 26, 27, 28, 31 and 32 of the FOI Act.

2. Where a department is considering the release of such records coming within sections 26, 27 and 28 the consultation procedures set out at section 29 of the Act must be observed.

3. It is to be noted that the protections of sections 20, 21 and 30 of the FOI Act may not always apply to records of public bodies currently outside FOI. For this reason it may be appropriate when receiving records from such bodies, the disclosure of which would be likely to cause adverse effect of a nature specified in those sections, to do so on the basis of confidentiality. However such confidentiality should be specific, restrictive and preferably timebound. It should serve no more than to provide to such records the limited protections afforded by the Oireachtas under sections 20, 21 or 31 of the FOI Act.

4. The appropriate application of section 26 generally will be the subject of a separate notice.




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27 July 1998