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Dáil Éireann debate -
Tuesday, 4 Nov 2003

Vol. 573 No. 3

Written Answers. - Freedom of Information.

John McGuinness

Question:

475 Mr. McGuinness asked the Minister for Health and Children the reason over 50 documents were withheld from the parents of a person (details supplied) in County Kilkenny; and if the request will be reviewed and all of the documents issued without delay. [25312/03]

My Department has not received a freedom of information request on behalf of the person named by the Deputy. I understand that the Deputy is referring to an application submitted to the South-Eastern Health Board. Where an applicant is dissatisfied with a decision made by a public body under the Freedom of Information Act, provision is made under the Act for the right of review of that decision to the public body concerned and, therefore, this is a matter for the board, in the first instance.

A request for a review of a decision is carried out by someone senior to the person who made the original decision. The review may have the original decision affirmed, varied or annulled and, if appropriate, an alternative decision made. The Act also provides for a further review mechanism with the Information Commissioner. I have been advised that the applicant has submitted a request for an internal review of the health board's decision and that this is under consideration in the normal way, as provided for by the freedom of information legislation.

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