Brian Cowen (Laois-Offaly, Fianna Fail)

My earlier response was that it is important to note that a person who appeals to the commissioner may receive a preliminary decision which gives a good indication of the likely final decision. Even at that late stage in the process, the requester can withdraw the appeal and obtain a full refund of fees. That option is used in 30% of cases as a means of getting a refund prior to receiving a final decision.

It is correct to say that there is not an explicit right to the return of fees if a matter is left with the Information Commissioner and the final appeal is successful. There is an intermediate stage when, having received the preliminary decision, one can then apply for the withdrawal of the fee before the final decision is made. The preliminary decision usually gives a good indication of the likely final decision. The preliminary decision process provides an opportunity for people to have the fees returned rather than waiting for the appeal to be formally declared successful or otherwise.

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