Dáil Éireann Debate, Wednesday - 5 July 2017
45. Deputy Mick Wallace asked the Minister for Finance the freedom of information procedures that operate within NAMA; the process followed from receiving a request to publication; if the procedures adhere fully to the Freedom of Information Act 2014; and if he will make a statement on the matter. [31471/17]
View answerThe Deputy will be aware that NAMA was one of a number of additional agencies designated as Freedom of Information bodies, when the Freedom of Information Act 2014 ("FOI" Act") was enacted on October 14, 2014. As set out in the FOI Act, NAMA became subject to the legislation on April 14, 2015.
I am advised by NAMA that the Agency complies fully with its obligations under the FOI Act. Freedom of Information requests received by NAMA are dealt with in accordance with the provisions of the FOI Act and the process is supported by guidance provided by the Department of Public Expenditure and Reform FOI Central Policy Unit.
I am advised that the standard process followed by NAMA as set out in the FOI Act, and as per the guidance notes issued by the Department of Public Expenditure and Reform, outlines that where a request is received, it is acknowledged within two weeks. A response to the request is issued within the statutory deadline of four weeks. In certain circumstances, an FOI body may extend the decision period by a further four weeks. In these instances, the requester is advised of the extension, as set out in the FOI Act.
Following receipt of a valid request, the records which fall under the scope of the request are collated and reviewed. Where a record contains information that falls to be withheld under the exemptions provided for in the Act, this information is not released.
Where a person is dissatisfied with the decision on a request, they have the right to seek an internal review of the decision by a more senior member of staff. This involves a fresh examination of the records which fall under the scope of the request and the internal reviewer has the authority to affirm or amend the original decision.
In addition, where a person is dissatisfied with the result of the internal review, they have the right under the Act to apply to the Office of the Information Commissioner to seek an external review.
As outlined above, I am advised that NAMA is complying fully with its obligations under the FOI Act and that the procedures that NAMA has adopted in processing and dealing with FOI requests are in compliance with the FOI Act and the guidelines produced by the Department of Public Expenditure and Reform.
