Written answers
Wednesday, 22 September 2021
Department of Culture, Heritage and the Gaeltacht
Freedom of Information
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
59. To ask the Minister for Culture, Heritage and the Gaeltacht if her attention has been drawn to the published findings of the Office of the Information Commissioner under a case (details supplied); the actions she has taken to ensure accountability for same particularly in view of section 52 of the Freedom of Information Act 2014 which considers the destruction or material alteration of records requested under freedom to constitute an offence; her views on the findings that her Department failed to either realise alterations had taken place or to deal with the freedom of information request appropriately; and the processes that have put in place or that will be put in place to ensure all future freedom of information requests are appropriately dealt with and that no repeat of same occurs. [45712/21]
Catherine Martin (Dublin Rathdown, Green Party)
Link to this: Individually | In context | Oireachtas source
As the Deputy is aware my Department and those bodies under its aegis are subject to the Freedom of Information Act 2014 and remains committed to ensuring that all requests received under the Freedom of Information (FOI) Act 2014 are managed effectively and in accordance with the provisions of the Act.
In accordance with Section 11 of the FOI Act the provisions of the Act apply to records held by a service provider who:
"at the time the request was made, was not an FOI body but was providing a service for an FOI body under a contract for services and contract for services in this definition includes an administrative arrangement between an FOI body and another person"
In the case referred to by the Deputy the majority of records encompassed by the request were held by a third party organisation that was acting in the role of service provider to the Department.
As the Deputy will be aware, it is a feature of the FOI Act that requesters may request a review of the original decision made by the FOI body itself and may also apply to the Office of the Information Commissioner (OIC) for a further review of the decision of the FOI body. I am advised that in this instance, the original decision and subsequent review, which was issued in April 2021, was appealed to the OIC by the requester.
I am further advised that, following its review, the OIC annulled the original decision and directed the Department to carry out a fresh decision making process in respect of the matter. I wish to clarify that in communicating its decision to the Department, the OIC made no reference to Section 52 of the Act.
I can confirm to the Deputy that on foot of the direction of the OIC my Department has undertaken a fresh decision making process in respect of this matter and that a decision in the regard was issued to the requester.This decision encompassed all relevant records including a number of additional records that had been created in the interim and which would not have formed part of the original decision.
My Department is satisfied that the third party organisation concerned fully cooperated with the process at all times and provided all records that fell within the scope of the request, for each decision and that there is no basis for any suggestion that this organisation engaged in any action that would come within the scope of Section 52 of the FOI Act.
No comments