Written answers

Tuesday, 6 July 2021

Department of Public Expenditure and Reform

Freedom of Information

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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190. To ask the Minister for Public Expenditure and Reform if he is satisfied in the context of the freedom of information publication scheme that all logs are published and up to date in compliance with the Freedom of Information Act 2014; if not, the reason they are not published; and if he will update them as a matter of priority. [36129/21]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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I wish to advise the Deputy that the Freedom of Information disclosure logs for the Department of Public Expenditure and Reform are updated quarterly and published on gov.ie.

In this context, details of Freedom of Information requests received by my Department from 2016 up to the end of March 2021 can be found at the following link: www.gov.ie/en/collection/ce2e67-foi-disclosure-log/

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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191. To ask the Minister for Public Expenditure and Reform the amount collected on an annual basis since the Freedom of Information Act 2014 commenced in respect of fees attached to freedom of information requests submitted to his Department. [36147/21]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The information requested by the Deputy is set out in the table below.

I wish to advise the Deputy that as per the Freedom of Information (FOI) Act 2014, fees are only applied in respect of the time spent searching and retrieving records particular to a FOI request for records, and in respect of the copying of such records. Search and retrieval includes time spent in determining whether the Department holds the records requested, locating the records, retrieving the records or documents, extracting the information from electronic or hardcopy files or documents, and preparing a schedule specifying the records for consideration for release.

In most cases, there are no search, retrieval and copying charges where the request relates to the requesters personal records. However, the Act does allow that in situations where the request relates to a significant number of records that a charge may be levied having regard to the circumstances of the requester.

Fees are also applied in respect of requests for internal reviews of decisions on non-personal FOI requests and these are noted separately in table below.

Year Total amount of Freedom of Information Search and Retrieval fees collected Total amount of Freedom of Information Internal Review Fees collected
2014 €146 €30
2015 €123 €60
2016 - €300
2017 - €240
2018 €100 €180
2019 - €270
2020 €554 €210
2021 (to date) €462 €180

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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192. To ask the Minister for Public Expenditure and Reform the number of freedom of information requests refused by his Department since the Freedom of Information Act 2014 commenced for the reason that search and copy costs would exceed the maximum threshold; the number of requests that were subsequently granted following engagement with the requester to narrow the scope of the request; and the costs associated with same. [36165/21]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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Each year, my Department is required to provide an update to the Office of the Information Commissioner on its Freedom of Information (FOI) statistics for the preceding year. This update includes details of the total number of requests processed by the Department, the types of requests, whether personal or non-personal along with details on how many were granted, part-granted or refused, any internal reviews processed and any associated fees charged in connection with the requests and / or the reviews. These statistics are compiled by the FOI Unit in my Department based on the reported final outcome of each FOI request to the unit by the relevant Deciding Officers in the Department.

Section 27 of the Freedom of Information Act 2014 sets out the elements of search and retrieval which may be charged for. In most cases, there are no search, retrieval and copying charges where the request relates to an individual’s personal records. However, the Act does allow that in situations where the request relates to a significant number of records, a charge may be levied having regard to the circumstances of the requester.

In general in my Department, where the estimated search, retrieval and copying fees in any request exceeds the maximum threshold, the relevant Deciding Officer engages with the requester to ascertain if the requester wishes to amend or limit the request in order to reduce or eliminate the charges that arise or are likely to arise under Section 27(1). This engagement and any subsequent amendments to the likely charges arising are not formally reported on to the FOI Unit by the Deciding Officers. Only the final outcome is reported on and subsequently communicated to the Office of the Information Commissioner and, therefore, the material request by the Deputy is not captured by the FOI Unit in my Department.

In addition to the above, the following table outlines the amount of Search and Retrieval Fees charged by my Department for processing Freedom of Information requests from 2014 to date.

Year Total amount of Freedom of Information Search and Retrieval fees collected
2014 €146
2015 €123
2016 -
2017 -
2018 €100
2019 -
2020 €554
2021 (to date) €462

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