Annual Report 2008 - Text

Statutory Notices

Most public bodies co-operate fully with my Office in providing information whether that be submissions, records which are the subject of review, statements of reasons for decision etc. I value this level of co-operation. There are specific provisions in the FOI Act concerning the production of records and information to my Office. These include:

  • section 37 of the Act which empowers me to require the production of information and/or records, and to enter premises occupied by a public body for the purpose of acquiring any information which is required for the purpose of conducting a review and
  • section 35 of the Act which empowers me to direct the head of a public body, where I consider that the reasons given in support of a decision are not adequate, to direct that a full statement of reasons for the decision be provided to the requester concerned and to my Office.

In 2008, I served four notices under section 37 on public bodies which had not co-operated with my Office following the normal issuing of correspondence. One of these notices was served on the HSE Dublin North East and one on the Department of Transport. I also had to serve two notices under section 37 on the Arts Council. It is of some concern to me that it was necessary for me to serve two notices on a body with a low level of FOI activity (12 requests received in 2008, and a total of 6 reviews by my Office since 1998).

I did not have occasion to call on the provisions of section 35 during 2008.

Statutory Notices Issued to Public Bodies (2008)
 Public Body  Section 35 Notices Issued  Section 37 Notices Issued 
 HSE Dublin North East  0  1
 Department of Transport  0  1
 The Arts Council  0  2
 Total: 2008  0  4
 Total: 2007  0  1
 Total: 2006  0 5

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