Making an FOI Request to the Department of the Environment, Climate and Communications

​When you make a request you must:

• submit the request in writing/email, preferably using the official FOI application form to the contact details at 7. below. The records being sought should be clear and specific. In cases where it is not clear what records are being sought, we will assist you in identifying the records you require. Please include a daytime telephone number to facilitate ease of access
• state in your letter that your request is submitted under the Freedom of Information Act 2014
• please specify in your application the manner and form and manner of access desired (for example, photocopy, computer disk, and so on)
• where possible, indicate the time period, for which you wish to access records, for example records created between 1 May 2021 and 31 October 2021
• proof of identity will be required, especially where personal information is being requested, for example Birth Certificate, Driving Licence, Passport or other form of identity

Yes, if you require any help the staff in FOI Unit will be happy to assist you with your request. The Unit is also available to provide assistance to persons with a disability to exercise their rights under the FOI Act 2014 (for example, accepting oral requests from requesters' who are unable to read, print and/or write due to their disability, enabling the requester to inspect or have records explained to him/her).

The FOI Act 2014, requires public bodies to respond to requests from the public for access to any record held by an FOI body. In most cases, public bodies must give their decision on a request within 4 weeks of receiving it. A week is defined in the Act to mean 5 consecutive weekdays excluding Saturday, Sunday and public holidays.

The following records come within the scope of FOI Act 2014:

• all records relating to personal information held by the Department of the Environment, Climate and Communications (DECC), irrespective of when they were created
• all other records created from the commencement of the FOI Act 2014 (21 April 1998)
• any records necessary to the understanding of a current record even if created prior to 21 April 1998
• personnel records of serving staff created from 21 April 1995 and those created prior to that date where being used or proposed to be used in a way which adversely affects or may affect the person involved

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, personal information (other than information relating to the person making the request)

There is no up-front fee for making a request under the FOI Act 2014.

There is no fee in respect of personal records, except where a large number of records are involved.

In the case of non-personal requests, search and retrieval charges will be applied and for any reproduction costs incurred by DECC in providing you with the material requested where the total cost exceeds €100. A rate of €20 per hour will be charged for the amount of time spent where this minimum threshold (equivalent to five free hours) is exceeded, .

A maximum ceiling of €500 applies to such fees but where the cost of search, retrieval and copying is greater than €700. The request will be refused unless the requester narrows the scope of the request.

List of fees

• search and retrieval: €20 per hour
• copying charges: Photocopy per sheet: €0.04 / CD-ROM: €10 / Radiograph: €6

Appeals

• internal review fee costs €30 (€10 for medical card holders)
• appeal to the Office of the Information Commissioner costs €50 (€15 for medical card holders)

Method of Payment

All payments to DECC should be made by Electronic Funds Transfer (EFT) made payable to: Department of the Environment, Climate and Communications or alternatively by way of Postal Order or Bank Draft.

DECC will accept EFT payment in accordance with the following protocol only:

• all payments to issue in Euro
• the requester should issue the EFT advice notice via email or post to Accounts Receivable - accountsReceivable@decc.gov.ie or post to: Elm House, Earlsvale Road, Cavan, H12 A8H7
• the department's EFT Bank Details are available by contacting Accounts Receivable - accountsReceivable@decc.gov.ie or telephone + 353 1 678 2000

Please ensure all payments made into the department's EFT Bank account which are clearly referenced. DECC cannot accept any responsibility payments which are not referenced.

Under the FOI Act 2014, a request for records must be acknowledged within 2 weeks and, in most cases, responded to within 4 weeks. A week in the FOI Act means 5 consecutive weekdays excluding Saturday, Sunday and public holidays. The time limit for a response to issue in respect third party consultation involvement can be extended for a further three weeks.

If you are unhappy with the department's response you can seek to have a decision re-examined by a more senior member of staff within the department. Please forward applications for review of a decision, together with a fee of €30 or a reduced fee of €10 for medical card holders to the FOI Unit. See contact details below.

Note: These fees apply only to Non Personal requests.

If you are still unhappy with the decision, you have the right to appeal the decision to the Information Commissioner. Applications with appropriate fees (€50 or a reduced fee of €15 for medical card holders) should be forwarded directly to info@oic.ie