John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

171. To ask the Minister for Health if all of the information requested by a person (details supplied) under the FOI Act as an employee of the HSE will be made available to them as soon as possible; if the full internal review of the decision relative to their request will be undertaken by a HSE official senior to the person who made the original decision and not by a person of the same grade; his views on whether the Act clearly states that a review cannot be conducted by an official of the same grade; and if he will make a statement on the matter. [3724/17]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Freedom of Information Act does state that an internal review of a decision should be taken by a member of staff of a higher grade than the original decision maker. The Health Service Executive is an entirely separate body for the purposes of the FOI Act and, as with all other bodies, is responsible for ensuring it complies will all provisions of the Act.

If a requestor is dissatisfied with the outcome of an internal review the proper course of action is to refer the matter to the Office of the Information Commissioner which, I understand has, happened in this case,