General Information on the Freedom of Information Acts

Applications must be in writing and should indicate that the information is sought under the Freedom of Information Acts. To facilitate access, a person may complete the attached form entitled ‘Request for Access to Records under the Freedom of Information Acts, 1997 and 2003’. Please give as much detail as possible to enable the staff of the office to identify the record. Please ensure that the correct fee is accompanies the request as set out below. If you have difficulty in identifying the precise records which you require, the staff of the office will be happy to assist you in preparing your request.

The Board is obliged to respond to the request within four weeks. Requests are due to be acknowledged within two weeks.

Under the Freedom of Information Acts, anyone is entitled to apply to the Board for access to information that is held by it and not otherwise publicly available. Each person has a right to:

• access to records held by the Board,

• correction of personal information relating to oneself held by the Board where it is inaccurate, incomplete or misleading,

• access to reasons for decisions made by the Board directly affecting oneself.

The following records come within the scope of the Acts:

• all records relating to personal information held by the Board irrespective of when created,

• all other records created from the date on which the Freedom of Information Acts comes into effect, (that is 21^st April, 1998),

• any other records necessary to the understanding of a current record.

The right of access does not apply to “exempt records” which are specified in detail in the Acts.

The Acts do not apply to records already publicly available. For example, an appeal determined by the Board is available for purchase/inspection under the Board’s public access system - please ask at reception.

Applications under the Freedom of Information Acts

Applications for information under the Freedom of Information Acts should be addressed to:

Mr. Pierce Dillon
Senior Executive Officer,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1.
Phone (01) 858 8100
Fax (01) 872 2684
Email foi@pleanala.ie

• A standard application fee of €15 must accompany an FOI request under section 7 for a record or records containing non-personal information..

• A reduced fee of €10 applies if the person making such a request is covered by a medical card.

• The following requests/applications are exempt:

1. a request under section 7 for a record or records containing only personal information related to the requester.

2. an application under section 17 (right of amendment of records relating to personal information).

3. an application under section 18 (right of person to information regarding acts of public bodies affecting the person).

Rights of Review and Appeal

The Acts sets out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or of third parties. Where a public body invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access, etc. may also be the subject of appeal. Details of the appeals mechanisms are as follows:

Internal Review

You may seek internal review of the initial decision if:

1. you are dissatisfied with the initial response received e.g. refusal of information, form of access, charges, etc., or

2. the application has not received a reply within 4 weeks of your initial application. This is deemed to be a refusal of the request and allows the applicant to proceed to internal review.

The review is carried out by an official at a higher level. Requests for internal review should be submitted in writing to:

Ms. Mary Kelly
Senior Administrative Officer,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1.
Phone (01) 858 8100
Fax (01) 872 2684

Such a request for internal review must be submitted within four weeks of the initial decision. The internal review must be completed within three weeks. The internal review must normally be completed before an appeal may be made to the Information Commissioner.

• A standard fee of €75 must accompany an application for internal review under section 14.

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

• The following internal review applications are exempt:

1. an application in relation to a decision concerning records containing only personal information related to the applicant.

2. an application in relation a decision under section 17 (right of amendmentrecords relating to personal information).

3. an application in relation to a decision under section 18 (right of person to information regarding acts of public bodies affecting the person).

4. an application in relation to a decision to charge a fee or deposit, or a fee or deposit of a particular amount.

Review by the Information Commissioner

Following completion of internal review, an applicant may seek an independent review of the decision from the Information Commissioner. Also, if you have not received a reply to your application for internal review within three weeks, this is deemed to be a refusal and an applicant may appeal the matter to the Commissioner.

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

Officer of the Information Commissioner,
18 Lower Leeson Street,
Dublin 2.
Phone (01) 639 5689 or Lo-Call 1890 22 30 30
Fax (01) 661 0570 Web www.oic.ie

His or her findings will be binding, subject to appeal to the High Court on a point of law.

• 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 applies if

1. the person bringing the application is a medical card holder or a dependant of a medical card holder or

2. the person is specified in section 29(2) i.e. a third party with the right to apply directly to the Information Commissioner where a public body decides to release their information on public interest grounds.

• The following applications to the Information Commissioner are exempt:

1. an application concerning records containing only personal information related to the applicant.

2. an application in relation a decision under section 17 (right of amendment of records relating to personal information)

3. an application in relation to a decision under section 18 (right of person to information regarding acts of public bodies affecting the person).

4. an application in relation to a decision to charge a fee or deposit exceeding €25.00 under section 47 in respect of search and retrieval and photocopying of records (decisions in relation to the charging of fees or deposits for search and retrieval and/or photocopying of less than €25 are not subject to review by the Information Commissioner).

5. an application in relation to a decision to charge a fee under section 47(6A), or a fee of a particular amount under section 47(6A), on the grounds that the records concerned do not contain only personal information related to the requester or the requester is not a medical card holder or a dependant of a medical card holder.

Freedom of Information Fees (Table)

Guide to fees relating to Freedom of Information Requests/Applications

Effective from Monday 7^th July 2003

* Fee will not apply where a person appeals a decision to charge a fee or deposit, or a fee or deposit of a particular amount under section 47 of the FOI Act

**Reduced fee will apply in respect of third parties who appeal a decision of a public body to release their information on public interest grounds

***Reduced fee will apply to medical card holders and their dependants on production of their medical card