Dáil Éireann debate -
Thursday, 10 May 2001

Vol. 536 No. 1

Written Answers - Freedom of Information.

Jack Wall

Question:

85 Mr. Wall asked the Minister for Defence when a person (details supplied) in County Cork will be permitted, under the Freedom of Information Act, 1997, to gain access to personal files held by his Department; and if he will make a statement on the matter. [13385/01]

Minister for Defence (Mr. M. Smith)

In May 1998, the person in question applied to the military authorities under the provisions of the Freedom of Information Act, for access to copies of all documents in relation to his retirement from the Permanent Defence Force and in relation to his period of service in the Permanent Defence Force.

The military authorities issued their decision on the application on 12 June 1998. They advised him that the records sought did not come within the scope of relevant provisions of the Freedom of Information Act, except in so far as the request related to ‘personal information', as provided for in the Act. In this regard, he was advised that he could have access to all personal information contained in his file for the period in question and could photocopy the documents to which access had been granted.

In accordance with the provisions of the Freedom of Information Act, the individual, through his legal representatives, exercised his right to appeal the decision to the designated FOI internal appeals officer in the Defence Forces. The appeal was considered by the relevant officer, who decided to uphold the initial decision. This decision was issued in writing to the applicant's legal representatives on 20 July 1998. When conveying his decision, the internal appeals officer advised the applicant of his statutory right of further appeal to the information commissioner. The information commissioner functions as an independent officer with statutory powers to review decisions made by public bodies in relation to FOI applications. I understand that in July 1998 such an appeal was lodged in this case with the office of the information commissioner. This appeal is a matter for the office of the information commissioner. However, I understand from inquiries to that office that the case was suspended in July 1998 at the request of the applicant's then legal representatives and was subsequently discontinued by the information commissioner's office in 1999, due to the subsequent non-pursuance of the matter by the individual concerned and his legal representatives at that time.