FREEDOM OF INFORMATION

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 On 14 October 2014, the Freedom of Information Act 2014 came into effect and repealed the 1997 and 2003 Acts.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. These pages are intended to assist you in exercising your rights under the Freedom of Information Act 2014 and to assist Cheeverstown House’s staff members in answering requests.

As a provider of services to people with intellectual disability Freedom of Information legislation applies to Cheeverstown House. Cheeverstown House undertakes to protect any information provided to it by individuals or others on a confidential basis, subject to Cheeverstown House’s obligations under law,including the Freedom of Information Act 2014.

What is Freedom of Information?

The Freedom of Information Act 2014 was signed into law on 14 October 2014. The new Act can be viewed at

http://www.oireachtas.ie/documents/bills28/acts/2014/a3014.pdf . The Act provides for a Code of Practice for Freedom of Information for Public Bodies. The Act asserts the right of members of the public to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.

What are your rights under the Freedom of Information Act?

The Freedom of Information Act, 2014 provides that every person has the following legal rights:

the right to access personal and official records held by Cheeverstown House;

the right to have personal information held by Cheeverstown House on them corrected or updated where such information is incomplete, incorrect or misleading; and

the right to be given reasons for decisions taken by Cheeverstown House that affect them.

These legal rights are subject to exemptions with regard to public interest and the right to privacy. The Freedom of Information Act 2014 provides the following statutory rights:

A legal right for each person to access information held by a body to which FOI legislation applies.

A legal right for each person to have official information relating to himself/herself amended where it is incomplete, incorrect or misleading.

A legal right to obtain reasons for decisions affecting himself/herself.

How can a request be made to Cheeverstown House?

You can make a request in writing at the address below or by email to foi@cheeverstown.ie

For further information and assistance in making a request, please contact: The Freedom of Information Officer, Cheeverstown House, Templeogue, Dublin 6W

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:

Ø  Certified copy of current valid signed Passport;

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

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

Ø  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 that I seek?

You may request access to any information held by Cheeverstown House. However, in certain circumstances it may be necessary to exempt from release, certain types of information. These include:

Personal Information (If the information does not relate to the person making the request).

Information supplied to Cheeverstown House in confidence.

Information relating to     commercial business that is deemed commercially sensitive.

If, for any reason, it is wished that information provided to Cheeverstown House should not be disclosed because of its sensitive nature, the person or body should, when supplying the information, make clear this wish and specify the reasons for the information sensitivity. Cheeverstown House will consult with any individual or body so supplying sensitive information before making a decision on any Freedom of Information request received.

 Access to any official documentation held by Cheeverstown House 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 Cheeverstown House 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.

How requests are handled by Cheeverstown House?

Cheeverstown House must adhere to strict time-limits for the processing of requests, as follows:

Applications will be acknowledged within two weeks of receipt of a request.

Applications will be replied to within four weeks of receipt of a request.

 Cheeverstown House may extend the four week time-limit for replying to requests if:

The request relates to a very large number of records.

A large number of requests     have been received from different applicants for the same records.

In the event of Cheeverstown House having to defer its reply on these grounds, applicants will receive notification before the end of the four week period. They will also be given the reasons for the delay.

Request granted:

If a request is granted, the applicant will be told in writing:

That the request has been granted.

The name of the person who granted the request.

The day on which the decision was made.

The format in which the record will be released.

The fee for searches, if applicable.

Request refused:

If a request is refused, the applicant will be told in writing:

That the request has been refused and the reasons for the refusal.

The name of the person who decided to refuse the record.

The rights of review and appeal as set out below.

What can I do if my request has been refused, deferred or only partially granted?

The Act sets out a series of exemptions to protect sensitive information where its disclosure may damage interests of third parties or the public good known as the public interest. If the initial decision maker decides to withhold information the requester may submit a request to have the matter reviewed by Cheeverstown House’s internal reviewer. In addition decisions about, delaying access to records,charges for searches and the form in which access is granted, may also be reviewed. 

Internal Review:

Requests for internal review must be submitted in writing, or by email, within four weeks of the original decision.  The request should be made to:

The Freedom of Information Officer, Cheeverstown House, Templeogue, Dublin 6W Telephone 01-4993700

 Cheeverstown House must complete its internal review and notify the applicant within three weeks of receiving the request.

Note - An application for an internal review that is not completed within three weeks is deemed to be a refusal. The applicant can then proceed to review by the Information Commissioner without waiting for Cheeverstown House to communicate its decision.

Review by the Information Commissioner

Following completion of the internal review, an applicant may seek an independent external review from the Information Commissioner.

Appeals to the Information Commissioner

Appeals to the Information Commissioner must be made in writing within six months and sent tot he following address: -

Office of the Information Commissioner,

18 Lower Leeson,Dublin 2.

Telephone: 01678 5222

Fax:           01661 0570

Email: foi@ombudsman.irlgov.ie 

Note - The Information Commissioner will advise an applicant of their decision within four months.

Appeal to the High Court:

A person affected by a decision of the Information Commissioner may appeal to the High Court on a Point of Law only.

Is it always necessary to use the FOI Act to request access to records/information?

NO - You may be able to obtain the information you seek by other means such as:

By accessing Cheeverstown House’s website

By making a request in writing  to the relevant head of the department of Cheeverstown House where you know the record/information is held.

By talking to the relevant staff of Cheeverstown House who deal with the records/ information you request.

Is there a charge for accessing information under the FOI Act?

No fees will be charged for personal records.

Fees may be charged as follows:

For non-personal information,     fees may be charged for the time spent in efficiently locating and copying     records, No fee may be levied for the cost of time involved in considering     an application under the Act once the records have been retrieved.

There is a minimum threshold of €101 below which no search, retrieval and copying fees can be charged.  Once the charge reaches €101, full fees apply;

There is a cap on the amount of search, retrieval and copying fees that can be charged of €500;

There is a further upper limit on estimated search, retrieval and copying fees at €700 above which an FOI body can refuse to process a request, unless the requester is prepared to     refine the request to bring the search, retrieval and copying fees below     the limit;

The fee for internal review under Section 21 is now €30 (€10 for medical card holders and their dependents)

The fee for appeals to the     Information Commissioner under Section 22 is now €50 (€15 for medical card  holders and their dependents).

Charges may be waived in the following circumstances:

Where the administrative cost of collecting the fee exceeds the amount to be charged.

Where the information   requested would be of particular assistance to the understanding of an issue of national importance.

In accordance with Section 8(3) of the FOI Act, Cheeverstown House 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 FO IAct 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.

Cheeverstown House 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 01/4993700 or foi@cheeverstown.ie

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