Freedom of Information

Introduction to the Freedom of Information Act

The Freedom of Information (FOI) Acts 1997 - 2003 provides the following legal rights for seeking access to official records:

• 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 for each person to obtain reasons for decisions effecting him/herself.

The Acts gives right of access (subject to exemptions) to:

• All records created after commencement of the Freedom of Information Act 1997 i.e. 21st October 1998.

• Such records created before that date as may be required to understand records created after commencement of the Freedom of Information Act 1997.

• Personal records regardless of when created.

• In the case of staff members, personnel records created from a date 3 years before commencement of the Freedom of Information Act 1997.

• A right to seek correction of personal information relating to oneself, held by the Border, Midland and Western Regional Assembly, where it is inaccurate, incomplete, or misleading.

• A right of access to reasons for decisions made by the Border, Midland and Western Regional Assembly directly affecting oneself.

Making a Request

All FOI requests should be addressed to the Freedom of Information Officer, BMW Regional Assembly, The Square, Ballaghaderreen, Co Roscommon. In order to be considered valid, a request must:

• be made in writing;

• state that the request is being made under the Freedom of Information Acts 1997 - 2003; and

• contain sufficient particulars in relation to the information concerned to enable the record to be identified.

In addition the Freedom of Information (Fees) Regulations 2003 requires payment of a standard fee of €15 for the making of a request to access a record or records concerning non-personal information. A reduced fee of €10 applies if the person making such a request is covered by a medical card. There is no fee for Personal Information.

For assistance on making a Freedom of Information request, contact the Corporate Affairs Section at 094 9862970 or Email: info@bmwassembly.ie

If you wish to receive the information in any particular form e.g. photocopy, computer disk etc., you should indicate this in your 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 the request within two weeks of our receiving it. We must make a decision on the request within twenty working days of receiving it unless the request relates to such number of 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 therefore.

Rights of Review and Appeal

The Freedom of Information Act sets out appeal mechanisms in the event of a refusal of a request, or in relation to deferral of access, charges, form of access etc.

Details of these appeal mechanisms 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:

(a) you are dissatisfied with the initial response received i.e. refusal of information, form of access, charges etc., or,
(b) 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 should be submitted within four weeks of the initial decision in writing to:

Mr. Kieran Moylan,
Freedom of Information (Internal Review) Officer,
The Border, Midland and Western Regional Assembly,
The Square,
Ballaghaderreen,
Co. Roscommon.
Phone: 094 9862970
Fax: 094 9862973
Email: kmoylan@bmwassembly.ie

The Assembly must complete the review within three weeks. Internal Review must normally be completed before an appeal may be made to the Information Commissioner.

Except in the case of personal information:

• A standard fee of €75 must accompany an application for internal review.

• A reduced fee of €25 applies if the applicant is a medical card holder or a dependant of a medical card holder.

If the appeal relates specifically to a decision to impose a search and retrieval charge or a charge for copying records, no appeal fee applies.

Review by the Information Commissioner

You may seek independent review by the Information Commissioner if:

(a) following completion of the Internal Review procedure, you are dissatisfied with the decision; or
(b) you have not received a reply to your request for Internal review within 3 weeks of your application. This is deemed to be a refusal and you may appeal the matter to the Commissioner.

Appeals in writing may be made directly to the Information Commissioner at the following address:

Office of the Information Commissioner,
18 Lower Leeson St.,
Dublin 2.

Phone: 01 6395689

Lo call: 1890 223030.

Fax: 01 6395674 or 01 6395676

Email: info@oic.ie

Except in the case of personal information:

• A standard fee of €150 must accompany an application for review.

• A reduced fee of €50 applies if the applicant is a medical card holder or a dependant of a medical card holder.

If the appeal relates specifically to a decision to impose a search and retrieval charge or a charge for copying records, no appeal fee applies.

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