Vol. 553 No. 2
165 Mr. Boyle asked the Minister for Defence if reconsideration is being given to the decision not to release files relating to the dismissal from the Irish Army in 1970 of a person (details supplied); and if he will make a statement on the matter. [13792/02]
The person in question applied to the military authorities in May 1998 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.
In accordance with the provisions of the FOI 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 upheld the initial decision. This decision was issued in writing to the applicant's legal representatives on 20 July 1998. Copies of the records which were deemed by the military decision makers to come within the scope of the FOI Act were forwarded to his then legal representatives in July 1998. When conveying his decision in relation to the internal review of the decision, the internal appeals officer advised the applicant of his statutory right of further appeal to the Information Commissioner, who is 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. Such appeals are a matter for the Office of the Information Commissioner. However, I understand 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.
