Dáil Éireann díospóireacht -
Tuesday, 10 Dec 2002

Vol. 559 No. 1

Written Answers. - Freedom of Information.

Paul Nicholas Gogarty

Ceist:

178 Mr. Gogarty asked the Minister for Finance his views on whether the suppression or delayed release of vital freedom of information files by a university (details supplied) prior to a meeting with the rights officer in relation to the case discussing the alleged repudiation of contract by a person constitutes an offence under the Freedom of Information Act, 1997. [25534/02]

Minister for Finance (Mr. McCreevy)

A request for a record made under the Freedom of Information Act, 1997 – FOI – must meet the requirements laid down in section 7(1) of the Act in order to be considered valid. First, the request must be made in writing to the public body that holds the record – a public body for the purposes of the FOI Act is a body listed in the first schedule of the Act. Second, it must be specified that the request is being made under the FOI Act. Finally, the request must contain sufficient particulars to enable the record to be found by taking reasonable steps.

Similar requirements apply where an application under section 18 of the Act is made to a public body for a statement of reasons for decisions affecting the person or under section 17 where the application is for personal information to be corrected where it is incomplete, incorrect or misleading.

A refusal of a request or application described – which would include a failure to reply to the request-application within the period laid down in the Act – is not an offence: there are grounds in the Act which entitle and in some cases require a public body to refuse a request for a record. These are known as the Act's exemption provisions and must be considered in relation to each request. Rather, a person whose request is refused generally has the option of applying to the public body concerned for an "internal review" of the decision i.e. a review by a more senior official. A further refusal or failure to reply following an internal review entitles the person to apply to the Information Commissioner for an independent review. A decision of the Information Commissioner is binding on the parties concerned and can only be appealed to the High Court on a point of law.

The Information Commissioner is independent in the exercise of his functions and has wide powers to obtain information relevant to a review carried out by his office. Section 37 of the Act sets out the powers of the Information Commissioner. Section 37(7) provides that: "a person who fails or refuses to comply with a requirement (under section 37) or who hinders or obstructs the commissioner in the performance of his or her functions . . . shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,905 or to imprisonment for a term not exceeding six months or both". A possible offence under section 37(7) would be a matter for the Information Commissioner in the first instance and ultimately for the courts to decide.