Freedom of Information

Welcome to the Daughters of Charity Disability Support Services Freedom of Information ( FOI ) Section of the Website. (July 2015)

April 2016 - Daughters of Charity Disability Support Services Freedom of Information Publication Scheme


This section is intended to assist you in exercising your rights under the Freedom of Information Act 2014 and to assist the Service in answering your request.

As an organisation that provides a wide range of Services and is funded by the State, the Freedom of Information Legislation applies to our Service. The Daughters of Charity Disability Support Services undertakes to protect any information provided to it by Individuals or others on a confidential basis subject to the Service’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 Tuesday, 14th October 2014 and became effective on that day.
 

The new Act can be located by clicking on the following link: 

http://www.oireachtas.ie/documents/bills28/acts/2014/a3014.pdf

The Act also provides for a Code of Practice for Freedom of Information for Public Bodies and this can be viewed by clicking on the following link:

FOI CPU Code of Practice Dec 2014 – cpu@per.gov.ie
 
 

Why was the Freedom of Information Introduced?

The Freedom of Information Act was introduced to:

 *Increase openness.

* Improve Accountability.

* Increase public appreciation of issues involved in Policy decisions.

* Give stronger public ownership and acceptance of decisions made.

* Permit people access to their records and allow them to amend records if incorrect.

The Legal Rights are subject to exemptions with regard to public interest and the right to privacy.

How can a request be made to the Daughters of Charity Disability Support Services?

You can make a request in writing, by using the following form: FOI Application Form 2014 which is available on the following website: www.foi.gov.ie or by email below.

For further information and support in making a request, please contact:


The Freedom of Information Officer,

Daughters of Charity Disability Supports Services,

St Vincent’s Centre,

Lisnagry,

Co Limerick

Tel: 061-216931
 

OR
 

Email: foi@lim-docservice.ie

 

Can I have access to any information that I seek?

You may request access to any information held by the Service. However,  exemptions can be applied in certain circumstances dependent on the nature of information requested. This includes:
 

* Personal information where the information does not relate to the person making the request.

* Information provided to the Daughters of Charity Disability Support Service in confidence.

* Information relating to commercial business that is deemed commercially sensitive.
 

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

How requests are processed by the Daughters of Charity Disability Support Services?

There are strict time-limits to adhere to in processing a request to include:
 

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

* Applications will be replied to within 4 weeks of receipt of a request.

However, the Organisation may extend the four week time-limit for replying to requests if,

* The request relates to a large number of records.

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

Should any of these situations occur, applicants will receive notification before the end of the 4 week period. Reasons for the delay will be outlined in the correspondence to the applicant.

 

Request Granted.

Where a request is granted, the applicant will be informed 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 where applicable.
 

Request Refused

Where a request is refused, the applicant will be informed in writing.

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

* The name of the person who refused the request.

* It will outline if the request has been deferred, partially granted or refused in full.

* The rights of review and appeal of the decision.

Internal Review

If you are dissatisfied with the initial decision, you may make an appeal to the organisation’s Internal Reviewer (who is independent of the Decision Maker) for an Internal Review.

A request for an Internal Review should be submitted in writing or by email within 4 weeks of the initial decision (or on the date the decision was due in the case of non-reply from the Organisation).

The Internal Reviewer must complete the Internal Review within 3 weeks and notify the applicant of the outcome in writing.

Requests for Internal Review should be sent to: 

 
The Freedom of Information Officer,

Daughters of Charity Disability Support Services,

St Vincent’s Centre,

Lisnagry,

Co Limerick.

Tel: 061-216931
 

Or

Email: foi@lim-docservice.ie

Review/Appeal by the Information Commissioner.

If you are unhappy with the Internal Reviewer’s decision, you may appeal directly to the Information Commissioner where an Independent review will be carried out.

The Information Commissioner will correspond directly with the applicant.

Appeals in writing are sent to:
 

Office of the Information Commissioner,

18 Lower Leeson Street,

Dublin 2.

Tel: 01-6785222.

Or Email: foi@ombudsman.irlgov.ie .



Appeals 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 information/records?

No. The following options are available:

* By accessing the organisation’s website, http://www.docservice.ie/

* By making a written request to the relevant Head of Department where you know the record/information is held.

* By talking to the relevant staff in the organisation who deal with the information/records that you request.

 

Fee Structure Under the FOI Act 2014

There are no fees charged for personal information.

Fees may-be charged as follows:
 

* For non-paying 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 the time involved in considering an application under the Act, once the records are retrieved.

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

* There is a cap on the amount of search, retrieval and copying fees that can be charged of 500 Euro.

* There is a further upper limit on estimated search, retrieval and copying fees at 700 Euro above which the FOI body can refuse to process a request. The requester will be offered the opportunity to refine the request to reduce the fees that could be applied.

* The fee for internal review under Section 21 is now 30 Euro and 10 Euro for those with a medical card and their dependents.

* The fee for appeal to the Information Commissioner under Section 22 is 50 Euro and 15 Euro for those with a medical card 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.
 

The Daughters of Charity Disability Support Services will at all times be proactive in respect of the Freedom of Information Act 2014.