Written answers
Wednesday, 18 November 2015
Department of Finance
Freedom of Information Data
Mary Lou McDonald (Dublin Central, Sinn Fein)
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42. To ask the Minister for Finance the number of freedom of information requests made to the National Asset Management Agency; of the number submitted, the number that were denied or rejected; the reasons for their denial or rejection; and if he will make a statement on the matter. [40613/15]
Michael Noonan (Limerick City, Fine Gael)
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The National Asset Management Agency (NAMA) became subject to the Freedom of Information (FOI) Act, 2014 on 14 April 2015. Since that date, NAMA has received a total of 97 requests. In a significant number of cases, each request contained a number of separate parts to the request amounting to 239 in total.
The Freedom of Information Act sets out a number of standard exemptions, which serve to protect certain information. Among the 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.
A total of 29 requests out of 97 have been refused by NAMA, according to the exemptions as set out under the Act. In a number of cases, a number of exemptions have been applied to the request. Further details are set out in the following table.
In 13 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 | 13 |
| 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 |
| 15(1)(c) | The number or nature of the records concerned would cause a substantial and unreasonable interference with the FOI Body | 1 |
| 29(1) | Deliberative process of an FOI body | 3 |
| 30(1)(b) | Adverse impact upon performance of an FOI body of its functions. | 5 |
| 30(1)(c) | Disclose positions taken for the purpose of negotiations or future negotiations | 5 |
| 32(1)(a)(ii) | Prejudice or impair the enforcement of, compliance with or administration of any law | 1 |
| 31(1)(a) | Legal privilege | 3 |
| 35(1)(b) | Disclosure would constitute breach of a duty of confidence | 14 |
| 36(1)(b) | Commercially sensitive information | 5 |
| 37(1) | Personal Information | 10 |
| 40 | Financial & economic interests of the State | 3 |
| 41(1)(b) | Non-disclosure covered by enactment | 16 |
| Schedule 1 | 3 |
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