Introduction to Freedom of Information Act, 1997 (as amended by the Freedom of Information (Amendment) Act, 2003)
The Freedom of Information (FOI) Act was introduced to:
- Enable members of the Public to obtain access to official Information, to the greatest extent possible, consistent with the public interest and right to privacy.
- Enable persons to have personnel information relating to them, in the possession of public bodies, corrected.
- Provide for the necessary exemptions to that right.
- Provide for the independent review, both for decisions of public bodies relating to that right and to the operation of this Act generally (including the proceedings of such bodies pursuant to this Act) and for those purposes, to provide for the establishment of the Office of Information Commissioner and to define its functions.
- Provide for the publication by public bodies of certain information about them, relevant to the purpose of this act.
- Amend the Official Secrets Act, 1963
- Provide for related matters.
The Acts establish three new statutory rights:
- A legal right for each person to access information held by public bodies.
- A legal right for each person to have official information relating to him/herself amended where it is incomplete, incorrect or misleading.
- A legal right to obtain reasons for decisions affecting oneself.
The Act gives right of access (subject to exemptions) to:
- All records created after commencement of this Act i.e. 21st of October 1998
- Such records created before that date as may be required to understand records created after commencement of the Act.
- Personal records regardless of when created
- In the case of staff members, personnel records created from a date three years before commencement of the Act.
Public Access to Information outside of the Freedom of Information Acts, 1997 and 2003
Routinely Available Information
Kilrush Town Council had a wide range of information, routinely available, in the form of leaflets, public notices etc., in relation to its activities and to the services which it provides. This information will continue to be available from the offices of the Council, without the need to use the Freedom of Information Acts.
Information available under other legislation
The public already enjoys the right to a range of information under other legislation e.g. Planing & Environmental Information. This right will remain unchanged and such information is excluded from the provisions of the Freedom of Information Acts.
The Data Protection Act 1988
Kilrush Town Council is registered as a Data Controller under The Data Protection Act 1988. The provisions of this Act still apply and a request in relation to data covered by this Act, may be made under either The Data Protection Act or The Freedom of Information Acts.
The Freedom of Information Acts are designed to allow public access to information which is not routinely available through other sources.
How to apply for information under the Freedom of Information Acts, 1997 and 2003
You are entitled to apply for access to information not otherwise publicly available.
You have the right to access to the following records held by or under the control of Kilrush Town Council unless such records are exempted under the Acts.
- All records created after commencement of the 1997 Act i.e. 21st October 1998
- Such records created before that date as may require to understand records created after commencement of the 1997 Act.
- Personnel records regardless of when created.
- If you are a staff member, personnel records created from a date three years before commencement of the 1997 Act.
Applications for information under the Acts must be made in writing and should be addressed to:
John Corry,
Freedom of Information Officer,
Kilrush Town Council,
Civic Offices,
Market Square,
Kilrush.
Phone: (065) 9051047
Fax: (065) 9052821
Email: fmooney@clarecoco.ie
Your request should be in writing (request sent by fax or e-mail to the number/address indicated above is acceptable) and should indicate that the information is sought under the Freedom of Information Acts and enclose the relevant fee. (See FEES below)
If you wish to receive the information in any particular form e.g. photocopy, computer disc, etc., you should indicate this in you request.
Please give as much detail as possible to enable us to identify the records to which you require access.
If you have difficulty in identifying the precise records which you require, we will be happy to assist you in preparing your request.
We must issue acknowledgement of your request within two weeks of our receiving it.
We must make a decision on your request within four weeks of our receiving it unless the request relates to such number in records that compliance within the specified time is not reasonably possible, in which case a time extension not exceeding a further four weeks may be allowed. You must be notified of the period of the time extension required and the reasons for same.
Rights Of Review And Appeal
The Freedom of Information Acts set out appeals mechanisms in the events of a refusal of a request, or in relation to deferral of access, charges, form of access etc., Details of these appeal mechanism are as follows:
Internal Review
You may seek Internal Review of the initial decision, which will be carried out by an official at a higher level if:
- You are dissatisfied with the initial response received i.e. refusal of information, form of access, charges etc., or
- You have not received a reply within four weeks of your initial application. This is deemed to be a refusal of your request and allows you to proceed to Internal Review.
Requests for Internal Review and fee applicable (see Fees below) should be submitted within four weeks of the initial decision by writing to:
Mr Michael McNamara,
Senior Executive Officer,
Corporate Services,
Clare County Council,
Bindon Street,
Ennis.
Phone No: (065) 6821616
E-mail: mmcnamara@clarecoco.ie
Kilrush Town Council must complete the review within three weeks. The internal review must normally be completed before an appeal may be made to the Information Commissioner.
Review By The Information Commissioner
You may seek independent review by the Information Commissioner if:
- Following completion of the Internal Review procedure, you are dissatisfied with the decision, or
- You have not received a reply to your request for internal review within three weeks of your application. This is deemed to be a refusal and you may appeal the matter to the Commissioner.
Appeals in writing including fee applicable (see Fees below) may be made directly to the Information Commissioner at the following addresses:
Office of the Information Commissioner,
18 Lower Leeson Street,
Dublin 2.
Phone: (01) 6785222
Fax: (01) 6610570
E-mail: foi@ombudsman.irlgov.ie
Fees
The following fees will apply to Freedom of Information requests under section 7 of the FOI Act (requests for access to records) and applications under section 14 (internal review) and 34 (review by Information Commissioner) received on or after 7th July 2003
Requests for records
- A standard application fee of €15.00 must accompany a Freedom of Information request under Section 7 for a record or records containing non-personal information.
- A reduced fee of €10.00 applies if the person making such a request is covered by a medical card.
Internal Review
- A standard fee of €75.00 must accompany an application for internal review under Section 14.
- A reduced fee of €25.00 applies if the person bring the application is a medical card holder or a dependant of a medical card holder.
Review by Information Commissioner
- A standard fee of €150 must accompany applications to the Information Commissioner for review of decisions made by public bodies under Section 34.
- A reduced fee of €50 may apply in certain cases.
The following fees may also be charged:
In respect of personal records, fees in respect of the cost of copying the records only will apply. This fee is set at €0.04 per copy.
In respect of other (non-personal information, fees may be charged in respect of the time spent in efficiently locating and compiling records, based on a standard hourly rate, which has been set by the Minister at €20.95 per hour. (Photocopying rates as above).
A fee of €0.51 for a 3 inch computer diskette.
A fee of €10.16 for a CD-ROM.
No charges may apply in respect of time spent by the Local Authority in considering your request.
A deposit may be payable where the total fee is likely to exceed €50.79. In these circumstances, you may request assistance from our staff to amend your request so as to reduce or eliminate the amount of the deposit.
Waiver of Fees
Fees may be waived in the following circumstances:
Where the cost of collecting and accounting for the fee would exceed the amount payable, or
Where the information would be of particular assistance to the understanding of an issue of national importance, or
In the case of personal information, where such charges would not be reasonable, having regard to the means of the requester.