Dáil Éireann debate -
Wednesday, 7 May 2003

Vol. 566 No. 1

Written Answers. - Freedom of Information.

Seán Haughey

Question:

768 Mr. Haughey asked the Minister for Social and Family Affairs if a social welfare claimant is entitled to see all information on his or her file in her Department including any allegations made by third parties; the way in which this information can be accessed; and if she will make a statement on the matter. [11858/03]

Minister for Social and Family Affairs (Mary Coughlan)

My Department routinely makes information available to members of the public in relation to their claims for social welfare. However, where personal information relating to a third party and information obtained in confidence from another source is involved, it maybe exempt from disclosure.

In relation to any record containing allegations made by third parties, generally such information is exempt from release under the Freedom of Information Acts 1997 and 2003.

The Act provides that a request may be refused for records which may either reveal or lead to the revelation of the identity of a person who has given information to a public body in confidence, where the release of the information may hinder the further provision of such information and it is vital that the public body continues to receive such information.

Where a person seeks information under the Freedom of Information Act and access is refused, the person has the right to have any such refusal reviewed internally and, following that, there is a right of appeal to the Information Commissioner.

I wish to emphasise, that decisions in relation to entitlement to social welfare payments are not made on the basis of any allegations made by third parties. The allegations are used merely as indications of suitable lines of inquiry to be pursued by officials. An independent deciding officer makes a decision on a claim based on the facts and evidence of a case and not on the basis of any allegations.

In the case where a deciding officer has made a decision in relation to a claim, the claimant is, as a matter of routine, entitled to see all the information on file that was taken into account when reaching that decision.

Claimants wishing to seek access to all information held by my Department should contact the relevant scheme area. If all records cannot be released routinely, they will be informed of their right to submit a request for their records under the Freedom of Information Acts. Requests may be made on standard freedom of information request application forms or otherwise in writing. Forms can be obtained at any social welfare local office or by contacting the Department's freedom of information unit.