Freedom of Information

The Freedom of Information (FOI) Acts 1997 and 2003 establish three statutory rights:

1. a legal right to access information held by public bodies;
2. a legal right to have official information relating to oneself amended where it is incomplete, incorrect or misleading;
3. a legal right to obtain reasons for decisions affecting oneself.

The Acts say that people have the right to gain access to official information to the greatest extent possible, consistent with

• the public interest; and
• the right to privacy of individuals.

In particular, people have the right to access

• all local authority records created since 21st October, 1998 which are not routinely available through other sources;
• local authority records of a non-personal nature created before 21st October, 1998 that may be needed to understand records created after 21st October, 1998;
• personal records about themselves no matter when they were created; and
• in the case of local authority staff members, personnel records about themselves created since 21st October, 1995.  

Some records are not immediately available under the FOI Acts.  Access may be restricted by certain exemptions or involve specific procedures and time limits, as outlined in How to get information under the Freedom of Information Acts.

There are fees for making FOI requests.  Also, the Council can charge for the time spent finding records and for any photocopying costs. 

To help people gain access to official information held by the Council, two reference books have been prepared and published in line with the requirements of section 15 and section 16 of the Freedom of Information Act, 1997 as amended by sections 10 and 11 of the Freedom of Information (Amendment) Act 2003. The FOI Section 15 Reference Book gives details of the Council's structure and what it does; the services it provides and how to avail of them; the type of records it holds; and how to get access to records under the FOI Acts. The FOI Section 16 Reference Book sets out the rules, procedures, practices and guidelines the Council uses when it makes certain decisions that affect the rights and privileges of members of the public.

 

The FOI Acts allow people access to information held by public bodies which is not routinely available through other means.

Routinely Available Information

Wexford County Council makes a wide range of information about its activities and services available to the public. Any member of the public can obtain such information without having to make a formal request using the FOI Acts or any other piece of legislation.

Information Available under Other Legislation

The public can access a range of information under other legislation, for example, they have the right to view a planning application under the Planning and Development Acts.  These rights will remain unchanged and such information is excluded from the provisions of the FOI Acts.     

Policy with regard to confidentiality and Freedom of Information

We will treat any information given to us as confidential when it is clearly given to us in confidence by individuals or organisations.  This is subject to our obligations under law, including the FOI Acts.

If you consider the information you give us to be sensitive or confidential and you want it to remain undisclosed you must tell us when you first give us this information.  You should also explain to us why you consider the information to be sensitive or why you wish it to be considered confidential.  Then, if someone asks for this information in a Freedom of Information request, we will consult you before we decide whether or not to grant that request.   

For further details or clarification on the above, please contact the New Ross Town Council Freedom of Information Officer, David Minogue.

Telephone (051) 421284 Fax (051) 421605 or e-mail david.minogue@newrosstc.ie