Chapter 1: Comhairle and the Freedom of Information Acts
1.1 Comhairle's information policy
It is the policy of Comhairle to make information about its activities, services and decision making processes publicly and routinely available. This information is available in a variety of formats including those which are accessible to people with disabilities (large print format, disk and in Braille).
Information about all of Comhairle's services is available on its website www.comhairle.ie . Some of Comhairle's services are online only, for example, Oasis (see section 3.2). As an agency whose most significant activity is the provision of information we recognise that the Internet is the most efficient and effective means of transmission of up to date accurate information. As access to the Internet is not yet universally available we will continue to publish as much information as possible in other formats.
1.2 Services to the public
Comhairle's services are provided mainly to other organisations rather than directly to the public. However, ultimately, all our services are designed to facilitate individual citizens. The Freedom of Information (FOI) Manual describes all the services provided by Comhairle.1.3 - Mission, Values and Priorities
1.3 How to get information
Comhairle's obligations under the FOI Acts are described in Appendix V. We intend to continue to routinely make the majority of our records available publicly.
If you want information on any aspect of Comhairle's activities, you should contact the relevant section of the organisation. The staff of the organisation are listed in Appendix 1.
1.4 Records held by Comhairle
Records which are currently held by Comhairle are accessible under the legislation provided they do not impinge on the right to privacy and confidentiality of any individual.
The kinds of records which are held by Comhairle are described in Chapter 3.
1.5 How to use the FOI Acts
Under the FOI Acts, you may be entitled to get access to information which is not otherwise publicly available.
You have the right to:
- access records held by Comhairle
- correct any personal information relating to yourself which is held by Comhairle and which you consider to be inaccurate, incomplete or misleading
- be given reasons for decisions made by Comhairle which affect you personally
The records to which you are entitled to get access are:
- those records created since 21 April 1998 (that is the date on which the FOI Act 1997 came into effect)
- records created before that date which are necessary in order to understand subsequent records
- personal information held by Comhairle, regardless of when the record was created
In practice, Comhairle adopts the following procedure:
We will give you the information if it is available and there are no reasons for withholding it. We may consider withholding information if there is a danger that it would interfere with our policy on privacy and confidentiality.
If you are applying under the FOI Acts, we remind you that
- your application should be in writing and should include the fee if appropriate (see section 1.7)
- your application should also indicate that the information is sought under the FOI Acts
- you should indicate if you want the information in a particular form i.e. photocopy, computer disk, etc.
- you should give as much detail as possible to enable us to identify the record. if you have difficulty in identifying the precise records which you require, we will be happy to help you in preparing your request.
- you may be required to prove your identity, especially if you are looking for personal information so you may, therefore, be asked to produce your passport, driving licence, birth certificate, or other appropriate identification
We are obliged under the FOI Acts to acknowledge your request within two weeks and to make a decision within four weeks. You should send your request for information under the Acts to
Paul McGuire
FOI Officer
Comhairle
George's Quay House
43 Townsend St
Dublin 2
E-mail: paul.mcguire@comhairle.ie
If you are not happy with the initial decision on your application or if you do not receive notification of a decision, you may apply for an internal review of the decision (or absence of decision) to:
Tony McQuinn
Senior Manager
Comhairle
George's Quay House
43 Townsend St
Dublin 2
E-mail: tony.mcquinn@comhairle.ie
You should look for an internal review within four weeks of receiving the initial decision or the absence of an initial decision i.e. within eight weeks of application.
We are obliged to conduct an internal review within three weeks of receiving your request.
If you are still unhappy with the decision or you have not received a reply to our request for an internal review, you may appeal to the Information Commissioner at:
Office of the Information Commissioner,
18 Lower Leeson Street,
Dublin 2.
Telephone: 01 678 5222
Fax: 01 661 0570
Website: www.oic.ie
Email: info@oic.ie
1.6 Policy on confidentiality and privacy
Comhairle undertakes to treat as confidential any information provided to us in confidence unless we are obliged by legislation to make it publicly available. When supplying such sensitive information, we will do our utmost to inform you of any possible circumstances in which we may have a problem in keeping the information confidential.
If, for any reason, you wish that information provided to us should not be disclosed because of its sensitive nature, then you must, when supplying the information, make clear this wish and specify the reasons for the information's sensitivity. We will consult with you before making a decision on any FOI request received involving sensitive information which you may have supplied.
1.7 Fees
Comhairle is obliged by the legislation to charge fees for certain records accessed under the FOI Acts.
Personal records
There is no charge for access to personal records, for correcting or amending personal information or for getting access to decisions which directly affect you.
Other records
If you are looking for non-personal information, you must pay an initial fee of €15. This is reduced to €10 if you are a medical card holder or the dependant of a medical card holder.
Fees may also be charged for the work involved in processing the records. These fees are as follows:
- €20.95 per hour of search and retrieval
- €0.04 per sheet for a photocopy
- €0.51 for a three and a half inch computer disk containing copy documents
- €10.16 for a CD-ROM containing copy documents
- €6.35 for a radiograph (X-ray) containing copy documents
You may have to pay a deposit if the estimated cost of finding the records is more than €50.79. The fees may be waived if the estimated cost is less than €10. If you make an internal appeal, you have to pay €75 (or €25 if you are a medical card holder). The fee for an appeal to the Information Commissioner is €150 (or €50 for a medical card holder).
1.8 Section 6(9) FOI Acts and Citizen Information Services
Comhairle has been advised by the Office of the Attorney General that Citizens Information Services which are supported by Comhairle could come within the scope of Section 6(9) of the FOI Acts and that records held by CISs, relevant to the services they provide on behalf of Comhairle, are covered by the Acts. Information held by a Citizen Information Service, relating to an FOI information request, must be made available to Comhairle in accordance with section 1.5 of this chapter.
