Written answers
Tuesday, 29 September 2015
Department of Finance
Freedom of Information Requests
Mary Lou McDonald (Dublin Central, Sinn Fein)
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227. To ask the Minister for Finance the number of freedom of information requests that have been submitted to the National Asset Management Agency; and of these, the number that were refused; and the reason for their refusal. [33386/15]
Michael Noonan (Limerick City, Fine Gael)
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The Freedom of Information Act was enacted by the Oireachtas on 14thOctober 2014. This saw a number of new bodies, including the National Asset Management Agency, become subject to Freedom of Information legislation for the first time from 14thApril 2015.
I am advised that since 14thApril 2015, the National Asset Management Agency has received a total of 79 requests. In a significant number of cases, each request contained a number of separate parts to the request.
The Freedom of Information Act sets out a number of standard exemptions, which serve to protect certain information. Among these exemptions are those which relate to personal information, information covered by legal privilege, records relating to parliamentary matters, information relating to law enforcement and public safety, information obtained in confidence, commercially sensitive information and information which impacts upon the financial and economic interests of the State. In addition, certain records relating to purchasers or potential purchasers of assets or loans, market counterparties or investors or potential investors in projects, fall outside the scope of Freedom of Information, as set out in Schedule 1, Part I of the Act.
I am advised that a total of 18 requests have been refused by NAMA, according to the exemptions as set out under the Act. In some cases, a number of exemptions have been applied to the request.
In nine cases the requests have been refused because the information is not held by NAMA. In a number of other instances, the records being sought by third parties relate to the commercial and personal information of NAMA debtors and their loans.
| Exemption applied | Exemption | No of requests where exemption is applied |
|---|---|---|
| 15(1)(a) | Record does not exist | 9 |
| 15(1)(d) | Record is already in the public domain | 2 |
| 15(1)(e) | Publication of the record due within 12 weeks of date of the request | 1 |
| 29(1) | Deliberative process of an FOI body | 1 |
| 30(1)(b) | Adverse impact upon performance of an FOI body of its functions. | 3 |
| 30(1)(c) | Disclose positions taken for the purpose of negotiations or future negotiations | 3 |
| 31(1)(a) | Legal privilege | 2 |
| 35(1)(b) | Disclosure would constitute breach of a duty of confidence | 7 |
| 36(1)(b) | Commercially sensitive information | 4 |
| 37(1) | Personal Information | 5 |
| 40 | Financial & economic interests of the State | 1 |
| 41(1)(b) | Non-disclosure covered by enactment | 8 |
| Schedule 1 | 2 |
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