Michael McDowell (Dublin South East, Progressive Democrats)

The procedures followed by my Department in the processing of Freedom of Information requests are as governed by the provisions of the Freedom of Information Acts 1997 and 2003. When a freedom of information request is received by the Department, the request is acknowledged in writing not later than ten working days after receipt of the request. The letter of acknowledgement also notifies the requester of the Department's statutory responsibility to issue a decision within 20 working days of receipt of the request. In circumstances where a request is deemed non-personal, an application fee of €15 is imposed. A freedom of information file is prepared in the freedom of information unit, details of which are recorded on the freedom of information database, and the file is forwarded to the relevant deciding officer, normally at assistant principal officer rank within the Department. In instances where the request covers more than one division of the Department, a freedom of information file issues to each relevant deciding officer for decision.

Assuming the request is sufficiently clear to avoid a requirement for clarification, the deciding officer, upon receipt of the freedom of information file, will proceed to undertake a search and retrieval in respect of the relevant records. Section 47 (1) of the Freedom of Information Act 1997 provides that a charge may be imposed in respect of an undertaking for the search and retrieval of non-personal documents. The deciding officer will complete a schedule of documents, detailing the records considered under the freedom of information request and will decide on the release or non-release of each record, stating whether the request is granted, part-granted or refused.

In cases where records are part-granted or refused, the requester is provided with the relevant legislative provisions under which the records are withheld. The file is then returned to the FOI unit where the decision is documented and issued to the requester. The requester is notified of a right of appeal within the Department as outlined in the Act. The appeal is conducted by a principal officer within the Department who will undertake an independent review of the request. Upon receipt of the appeal decision the requester is afforded a further right of appeal to the Information Commissioner.

Where a request is submitted in respect of records directly held by my office, my officials will bring the matter to my attention so that both I and my office can fully comply with the requirements of the Act. There are also many circumstances in which correspondence relating to a specific area of my Department will be addressed directly to me as Minister or to my office. Any such correspondence is acknowledged in my office and passed to the relevant division for its attention. In such circumstances, a record will have been created in my office and may therefore be subject to the provisions of the Act. Should access to any such records be sought, the procedures in place are as I have described.

As a matter of good administrative practice, FOI requests in respect of documentation held in my Department, which upon release is likely to give rise to significant public comment, are brought to the attention of my office so that I too can be informed that the request has been made and how it is being processed.

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