Written answers

Wednesday, 22 May 2013

Department of Public Expenditure and Reform

Freedom of Information Requests

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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120. To ask the Minister for Public Expenditure and Reform the steps he is taking to ensure that Freedom of Information requests are answered within the statutory period and to ensure that statistics are provided in a timely matter to the Information Commissioner; and if he will make a statement on the matter. [24734/13]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Freedom of Information Act sets out the procedures and statutory time frames for dealing with requests and which FOI decision makers and internal reviewers are obliged to comply with under the Act.

The Deputy may wish to note that under section 41 of the Act, failure to reply to an FOI request within these statutory timeframes is deemed to be a refusal, thereby allowing the requester to proceed immediately to internal review at no charge. Similarly, failure to comply with the statutory timeframe at internal review stage allows a requester to seek an immediate review by the Office of the Information Commissioner at no charge.

A review of the operation of FOI is currently being undertaken in order to ensure that the administration of FOI legislation by public bodies is as effective and efficient as possible. The outcome of the review will inform the development of a Code of Practice for FOI, the preparation of which has been requested by the Government. It is fully expected that the review and the Code of Practice will ensure that there are appropriate systems in place to ensure that statistics on FOI are provided in a timely manner to the Information Commissioner.

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