‘Frustration’ at delay in completing FOI review
Information Commission Ger Deering has expressed frustration at a lack of progress in completing a review of the freedom-of-information (FOI) process that was first announced five years ago by the Government.
Writing in the annual report of the Office of the Information Commissioner (OIC) for 2025, he said that he was “simply at a loss” to understand why the review had not yet been completed.
Deering said that it remained a matter of “significant frustration” that the office had not been able to progress the many recommendations for change that it had outlined in submissions to the Department Public Expenditure and Reform in response to a 2022 public consultation.
He added that the OIC would work closely with the department if, as he expected, the review recommended changes to the Freedom of Information Act 2014.
Requests up 11%
The office reviews decisions made by public bodies under the 2014 act, which gives the public a right to access records held by public bodies – including Government departments, health-sector bodies, and local authorities.
Its annual report shows that the number of freedom-of-information (FOI) requests made to public bodies last year rose by 11% to 46,277.
The HSE received the most FOI requests in 2025 (14,760), with the Department of Social Protection receiving 2,610 requests.
Reviews down 10%
The office received 689 applications to review FOI decisions made by public bodies last year – down 10% from 2024 – and accepted 557.
Decisions made by the HSE were accepted for review in 91 cases, while there were 65 reviews of decisions made by the Department of Justice, Home Affairs and Migration, and 28 relating to UCD.
Just over 40% of reviews were closed within four months – a similar figure to 2024. The number of cases on hand at the end of the year, however, increased by 16% to 356.
‘Vexatious’
In the report, the commissioner noted an increase in cases that involved the question of whether an FOI request should be refused as ‘frivolous or vexatious’ or ‘part of a pattern of manifestly unreasonable requests’.
In one decision, the commissioner found that 11 requests made over four days to Údarás na Gaeltachta formed part of a pattern of “manifestly unreasonable requests” and were vexatious.
In another case, he found that requests made to the HSE were being used tactically for pursing a grievance against the HSE and that they formed part of a pattern of conduct that suggested an abuse of FOI.
Reduction in court activity
Deering welcomed an increase in the number of FOI requests that were handled by public bodies outside of the statutory process.
He also welcomed a reduction in court activity involving the OIC, with only two appeals to the High Court of its decisions, both of which were continuing as the report was written.
The OIC was also a respondent to defamation proceedings in 2025, which were dismissed by the High Court earlier this year.