STATUTORY INSTRUMENTS.

S.I. No. 115 of 2000.

FREEDOM OF INFORMATION ACT, 1997 (PRESCRIBED BODIES) (NO. 2) REGULATIONS, 2000.

S.I. No. 115 of 2000.

FREEDOM OF INFORMATION ACT, 1997 (PRESCRIBED BODIES) (NO. 2) REGULATIONS, 2000.

I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Freedom of Information Act, 1997 ( No. 13 of 1997 ), and with the consent of the Minister for Arts, Heritage, Gaeltacht and the Islands, hereby make the following regulations with respect to which, pursuant to section 3(3) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. These Regulations may be cited as the Freedom of Information Act, 1997 (Prescribed Bodies) (No. 2) Regulations, 2000.

2. (1) Subject to paragraphs (2) and (3) of this Regulation, the bodies, organisations and groups specified in Schedule 1 to these Regulations shall stand prescribed for the purposes of paragraph 1(5) of the First Schedule to the Freedom of Information Act, 1997 (No. 13 of 1997) .

(2) Subject to paragraph (3) of this Regulation, the Freedom of Information Act, 1997 , shall apply to a body, organisation or group prescribed by paragraph (1) of this Regulation only as respects the functions of the body, organisation or group which are specified in Schedule 2.

(3) For the purposes of these Regulations the functions specified in Schedule 2 to these Regulations shall be deemed not to include any of the matters specified in Schedule 3 to these Regulations.

SCHEDULE 1

1. Radio Telefís Éireann.

2. RTE Commercial Enterprises Limited.

3. RTE Music Limited.

4. Seirbhísí Theilifís Na Gaeilge Teoranta.

5. DTT Network Company.

SCHEDULE 2

1. Management.

2. Administration.

3. Finance.

4. Commercial.

5. Communications.

6. Making of contracts of or for service with any person, company or other body.

SCHEDULE 3

1. The gathering and recording in any form of news, information, data, opinions, on or off the record quotes or views from any person or source, for journalistic or programme content purposes, whether or not a programme.

(a) is produced on the basis of such information, or

(b) is broadcast.

2. The identification of any potential or actual source of information or material for the purpose of programme origination, whether or not such programme is produced or broadcast and without prejudice to the generality of the foregoing, shall include the consideration of programme proposal submissions from internal and external sources.

3. The editing and storing of any material recorded by any means, whether written, aural, visual or otherwise, for the purpose of programme origination, whether or not such programme is produced or broadcast.

4. The process of making editorial decisions concerning programme or programme schedule content which, without prejudice to the generality of the foregoing, shall include preliminary programme proposal reviews, programme planning and final pre-transmission editorial decisions.

5. The process of post-transmission internal review and analysis of any programme or schedule of programmes broadcast.

The Minister for Arts, Heritage, Gaeltacht and the Islands consents to the making of these regulations.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe Radio Telefís éireann and its subsidiaries RTE Commercial Enterprises Limited, RTE Music Limited and DTT Network Company and Seirbhisí Theilifís Na Gaeilge Teoranta (the legal framework for TG4's activities) as separate public bodies for the purposes of the Freedom of Information (FOI), Act 1997 ( No. 13 of 1997 ) by their inclusion in subparagraph (2) of paragraph 1 of the First Schedule to that Act.

In accordance with subsection 5 of section 3 of that Act, these Regulations apply the Act to non-programme related functions of these bodies only.