Freedom of Information

Freedom of Information Overview

The Freedom of Information Act 1997 (FOI) as amended by the Freedom of Information (Amendment) Act 2003 obliged government departments, the Health Service Executive (HSE), local authorities and a range of other public bodies to publish information on their activities and to make the information they held, including personal information, available to citizens.

On 14 October 2014, the Freedom of Information Act 2014 came into effect and repealed the 1997 and 2003 Acts. The new Act introduced a number of changes to the Freedom of Information scheme and widened the range of bodies to which the FOI legislation applies to all public bodies, unless specifically exempt. It also allows for the Government to prescribe (or designate) other bodies receiving significant public funds, so that the FOI legislation applies to them also.

The old legislation continues to apply to any FOI request made before the new legislation came into effect. It also applies to any subsequent review or appeal.

Rights

Making a Request for Information

The request must be in writing to the :

Freedom of Information Officer,
Sunbeam House Services,
Cedar Estate,
Killarney Road,
Bray,
Co Wicklow.

You must state that the request is being made under the Freedom of Information Act and what records you are seeking, supply as much detail as possible.
You must state the manner in which access is sought, e.g. inspect the originals, obtain photocopies, hear/view audio-visual record, obtain a copy of a computer disk or other electronic device, etc.
You must supply proof of identity in the case of personal information – acceptable forms of identity include:

o Certified copy of current valid signed Passport;

o Certified copy of full Republic of Ireland/Northern Ireland/UK driving licence or provisional licence;

o Certified copy of Garda Identification (ML10) form and photograph;

o Certified copy of National Identity Card – must show photograph;

You can ask for the following records:

Any records relating to you personally, whenever they were created
All other records created after a certain date – 21 October 1998 for the HSE and local authorities – 21 April 1998 for public bodies that were covered by the old FOI legislation – 21 April 2008 for public bodies that were not covered by the old FOI legislation – the date of the prescribing order (or a specified date) for prescribed bodies

A record can be a paper document or information held on computer. It includes, for example, printouts, maps, plans, microfilm, audio-visual material, disks and tapes.

Can I get Access to Any Information I seek?

Access to any official documentation held by Sunbeam House Services can be sought under the Act. In certain defined circumstances it will sometimes be necessary to exempt from release certain types of information. These exemptions are set out in the Act. Some key exemptions which may be used relate to:

Personal information (other than information relating to the person making the request);
Information supplied to Sunbeam House Services in confidence;
Law enforcement and public safety;
Commercially sensitive information;
Deliberations of Public bodies;
Matters subject to Client Privilege;
Functions and negotiations of Public bodies.

Charges Under Freedom of Information

APPLICATION FEES

Section 27 of the Freedom of Information Act 2014 provides for fees and charges. The current application fees are:

Initial request for a record – €Free (reduced rate – €Free)
Internal review – €30 (reduced rate – €10)
Review by Information Commissioner – €50 (reduced rate – €15)
Application for amendment containing incorrect information – €Free (reduced rate – €Free )
Application for reasons for a decision affecting individual – €Free (reduced rate – €Free )

* There are no fees where you appeal a decision to charge a fee or deposit, or a fee or deposit of a specific amount.

** Reduced fees will apply in respect of medical card holders and third parties who appeal a decision to release their information on public interest grounds.

No fees apply where the request involves access to your personal records.

CHARGES FOR SEARCH, RETRIEVAL AND COPYING OF RECORDS

Charges may be applied by the body for the time spent finding and retrieving records, and for any copying costs incurred by them in providing you with the material requested. It is very unlikely that any charges will be applied in respect of personal records, except where a large number of records are involved.

If the cost of search, retrieval and copying is €100 or less, no charge is applied. If the charge exceeds €100, full fees apply. You cannot be charged more than €500.

If the estimated cost of search, retrieval and copying is more than €700 the body can refuse to process your request, unless you refine your request to bring the search, retrieval and copying fees below this limit.

Search and retrieval of records – €20 per hour
Photocopying – 4 cent per sheet
CD-ROM containing copy of documents – €10
Radiograph (X-ray) containing copy documents – €6

Publication Scheme Under Freedom of Information Act 2014

In accordance with Section 8(3) of the FOI Act, Sunbeam House Services must complete its own Publication Scheme, based on the Model Publication Scheme, not later than 14 April 2016.

Information will be provided under the following headings:

•Information about the FOI Body

•Functions and Services provided or to be provided to the public

•Decision Making procedures relating to the functions and/or services provided to the public

•Financial information

•Procurement

•Information routinely published and miscellaneous

The FOI Act requires that in preparing, reviewing or revising a Publication Scheme, an FOI body shall have regard to the public interest in:

allowing public access to information held by the FOI body;
the publication of reasons for decisions made by the FOI body; and
publishing information of relevance or interest to the general public in relation to its activities and functions generally.

Sunbeam House Services will be placing the required information on this website and will be using links from it to the relevant information sites.

For more information on Freedom of Information please contact the FOI Office at 01 2868451 or foi@sunbeam.ie

Freedom of Information Guidelines For Contractors/Suppliers