Frequently Asked Questions - FOI

What is FOI?

The Freedom of Information (or FOI Act) 1997 provides, that from 21 April 1998, every person has the right to:

access official records held by government departments and certain other public bodies
have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading
be given reasons for decisions taken by public bodies that affect them.
Under FOI persons can seek access to personal information held on them no matter when the information was created, and, in the case of local authorities, to records other than personal records created after 21 October 1998.

The Act was amended in certain respects in 2003.

How does it work?

The Act requires public bodies to respond to requests from the public for information they hold. In most cases, public bodies must give their decision on a request within 20 working days of receiving it. They must inform the requestor if a reply will take longer. A failure to reply within the specified period is deemed a refusal and the requestor can apply for a review.

Also, public bodies must produce reference books setting out the structure of their organisation, the arrangements in place for providing information and any rules, guidelines or practices they use in reaching decisions that effect the public.
Copies of these manuals for Meath County Council are available for inspection at the public library in Navan.

How can a request be made to Meath County Council?

The FOI Act requires that you submit your request in writing, specifying that the request is being made under the FOI Act. The request must be clear enough to enable us to identify which records are being requested. In cases where the public body is not clear what records are being requested, it must assist the requester to put his/her request in such a way that the records sought can be identified. Please forward the request, along with the fee if applicable (see below) to the Freedom of Information Officer, Corporate Services Department, County Hall, Railway Street, Navan. Please include a daytime contact number to allow for consultations if required.

In the case of records held by the three Town Councils of Navan, Trim and Kells your request should be addressed to the town clerk of the relevant authority.

Can I get access to any information that I seek?

Any official information held by public bodies can be sought under the Act. However, in order to allow Government business to be properly conducted, it will sometimes be necessary to exempt from release certain types of information in some circumstances. These are set out in the Act. Among the key exemptions are records relating to: Government meetings, law enforcement and security, confidential and commercially sensitive information and personal information (other than information relating to the person making the request).

What can I do if I am unhappy with a decision on my request?

Requesters can appeal to the public body to re-examine their case. The public body must have the request reviewed by someone more senior than the person who made the original decision. The reviewer can alter or agree with the original decision. If the requester is still unhappy with the decision, he or she has the right to appeal the decision to the Information Commissioner. The Commissioner has been appointed specifically to hear appeals from members of the public who are not happy with decisions made on their requests. The appeal may be subject to an up-front fee (see FAQ Number 7 which details charges applicable for appeals).

Will I be charged for making a request under the FOI Act?

There are basically two types of charges that apply under the Freedom of Information Act:
Fees that accompany a request for a record: A fee of €15 must accompany a request for records other than records containing only personal information relating to oneself. A reduced fee of €10 applies in relation to such a request if you are covered by a medical card. Neither fee applies if the request is for personal information relating to oneself.
Fees/deposits in relation to the cost of search and retrieval and copying of records released: Requesters can also be charged for the time spent finding records that are to be given to them, and for any photocopying costs incurred by the public body in providing material to the requester. Such costs are very unlikely to arise in the case of personal information. Requesters cannot be charged for the time spent on deciding whether or not to grant their request.

Is there a charge for appealing a decision of a public body?

A fee of €75 must accompany most applications for internal review of a decision of a public body. A reduced fee of €25 applies if you are covered by a medical card. There is no fee for internal review applications concerning only personal information relating to oneself or in relation to a decision to impose a fee or deposit. A fee of €150 must accompany most applications for review by the Information Commissioner. A reduced fee of €50 applies if you are covered by a medical card or in relation to a review concerning certain third party information. There is no fee for review applications concerning only personal information relating to oneself or in relation to decisions to impose fees or deposits.

Do I need to make an FOI request to get information from public bodies?

No. Public bodies routinely make information available to the public through information leaflets, publications and in response to enquiries. This will continue. FOI provides an additional source of information by facilitating access to records not made routinely available.

Where can I get more detailed information on FOI?

More detailed information is available by contacting the FOI Officer, Corporate Services Department, County Hall, Railway Street, Navan.

Phone: (046) 9097011 Fax: (046) 9097001 Email: foi@meathcoco.ie