Written answers

Thursday, 30 September 2010

Department of Finance

Freedom of Information

10:30 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 20: To ask the Minister for Finance the procedures in his Department for dealing with Freedom of Information requests; and if he will make a statement on the matter. [27649/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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When an FOI request is received in the Department it is initially examined by the Freedom of Information Officer who will providing it is a valid request as set out in the legislation pass it on to a designated decision-maker to be dealt with. If the request is unclear or is not a valid request the FOI officer will liaise with the requester and make every effort to provide assistance to the requester in an effort to agree an amendment of the request so that it becomes a valid request and can be dealt with.

The Freedom of Information Officer will issue an acknowledgment letter to the requester advising him or her of the name of the decision-maker, their contact details and the deadline by which a decision will issue.

The Act sets out the procedures and time frames for dealing with requests and FOI decision makers and internal reviewers are obliged to comply with these. This is the same for all Government departments and every other public body covered by the Act.

All decision makers and internal reviewers receive training in the operation of the Act and are familiar with its requirements. Furthermore the Act sets out that it shall be the duty of a public body to give reasonable assistance to a person who is seeking a record under the Act (a) in relation to the making of the request under section 7 of the Act for access to the record and (b) if the person has a disability, so as to facilitate the exercise by the person of his or her rights under this Act.

The Act also sets out under section 8 (4) that in deciding whether to grant or refuse to grant a request under section 7(a) any reason that the requester gives for the request and (b) any belief or opinion of the head as to what are the reasons of the requester for the request shall be disregarded.

Where a requester is unhappy with a decision whether wholly or in part in relation to the record concerned they have a right of appeal. The first stage of this process is internal review which is set out under section 14 of the Act and this is where an officer senior to the original decision-maker will review the request and following such a review may as he or she considers appropriate, affirm or vary the decision or annul the decision and if appropriate make such decision in relation to the matter as he or she considers proper.

If the requester is not satisfied with the decision on their request at internal review they then have a right of appeal to the independent Office of the Information Commissioner. The Information Commissioner is independent in the performance of her functions. The Commissioner may on application to her Office affirm or vary the decision or annul the decision and if appropriate, make such decision in relation to the matter concerned as she considers proper. The decision of the Information Commissioner is legally binding. A party to such a review may appeal to the High Court on a point of law from the decision. An appeal shall be initiated not later than 8 weeks after notice of the decision concerned was given to the person bringing the appeal.

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