Section 6(1) of the Freedom of Information Act 2014 sets out various criteria by which it may be determined whether or not FOI applies to a body. In general terms, the criteria in Section 6 relate to the extent of State involvement in the governance structures of an organisation. The manner in which an organisation is set up, and its associated governance structure, is, in more determinative of its being subject to FOI than the organisation's funding source.
In the case of charities, if a charitable organisation has not been set up under legislation, or is not run by a State body, then it would not typically be subject to FOI. However, the legislation allows, in principle, for access to records physically held by a charity "if and insofar as" they relate to a service to be provided to a public sector body that is subject to FOI. Such a request should be processed in accordance with the legislation by the relevant public sector body.
Freedom of Information requests are decided on a case-by-case basis, depending on the contents of the records concerned. As such, it would be the decision of the public sector body in receipt of the FOI request to determine whether or not a charity is a service provider in the context of a specific request. When making its decision, it should pay heed to the nature of the working relationship, if any, between the public body and the organisation. Comprehensive review mechanisms are available under the Freedom of Information Act where a requester is dissatisfied with the decision they receive.
I trust this clarifies matters for the Deputy.
