Written answers

Tuesday, 18 November 2014

Department of Public Expenditure and Reform

Freedom of Information Legislation

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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206. To ask the Minister for Public Expenditure and Reform if he will provide an update regarding the Freedom of Information Act; if freedom of information fees are still applicable; and if he will make a statement on the matter. [44233/14]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Freedom of Information Act 2014 became law on 14 October 2014, the date it was signed by the President. All new FOI requests received after that date are being processed under the new Act.

The €15 initial application fee was abolished from 14 October when the new FOI Act came into effect.Other than in relation to the initial application fee, all elements of the new fees regime came into effect once the new fees order was signed on 16 October 2014. Details of the new fees regime are as follows:

No €15 initial application fee applies since the new Act came into effect on 14/10/14. There is a minimum threshold of €100 where no search, retrieval and copying fees can be charged. Once the charge exceeds €100, full fees apply. There is a cap on the amount of search, retrieval and copying fees that can be charged of €500. There is a further upper limit on estimated search, retrieval and copying fees at €700 above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the limit. The fee for internal review under Section 21 is now €30 (€10 for medical card holders and their dependants). The fee for appeals to the Information Commissioner under Section 22 is now €50 (€15 for medical card holders and their dependants). 

In terms of the details supplied by the Deputy, information on the main changes in the new FOI legislation, including in relation to FOI fees, can be found on my Department's website www.per.gov.ie.

In addition, the Deputy may wish to note that a new detailed and comprehensive FOI website is at an advanced stage of development by the FOI Central Policy Unit in my Department. It is planned that this will be launched by end-year replacing the website relating to the FOI legislation repealed by the new Act.

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