Ruairi Quinn (Dublin South East, Labour)
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Question 262: To ask the Minister for Enterprise, Trade and Employment the average retrieval fee charged for requests under the Freedom of Information Acts received by his Department in each year from 2002 to 2005 and to date in 2006; the median retrieval fee charged; the number of cases in which the retrieval fee was waived; and if he will make a statement on the matter. [33711/06]

Micheál Martin (Cork South Central, Fianna Fail)
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The average search and retrieval fee charged in respect of Freedom of Information requests made to my Department between 2002 and 2005 was €63.77, €57.99, €40.25 and €45.83 respectively, averaged over all cases where a search and retrieval fee was charged. The equivalent figure for the first nine months of 2006 was €64.67. The median search and retrieval fee in respect of each of the years 2002 to 2005 was €51.89, €47.34, €46.95 and €47.62 respectively. The equivalent figure for the first nine months of 2006 was €54.29. There were no cases where a search and retrieval fee was waived. It should be noted that the Freedom of Information Act obliges decision makers (save in a few limited circumstances) to charge search and retrieval fees where significant search and retrieval of records is involved. The decision to charge a search fee is therefore not a discretionary one, and arises from the scope of a request.