Instructions on FOI/AIE Requests

 

How do I make a Freedom of Information Request to the Aquaculture Licences Appeals Board?

You should send a request, in writing, to:

The Secretary,

Aquaculture Licences Appeals Board (ALAB)

Kilminchy Court

Dublin Road

Portlaoise

Co Laois

R32 DTW5

Tel: +353 (57) 8631912

Email: info@alab.ie

Your request should include the following:

A statement that the request is being made under the FOI Acts;

As much information as possible about the records being sought;

In what format you wish to receive any records released

The appropriate fee.

 

How much will it cost?

The Freedom of Information Act 2014 provides for a completely new FOI fees regime.  The Ministerial Order establishing the new fees regime (S.I. 531 of 2014) can be found here.  The following is a summary of the new fee structure in respect of non-personal requests:

The €15 application fee has been abolished

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 dependants)

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

 

How soon can a person making a request for records expect a reply?

Under the Acts, a request for records must be acknowledged within 2 weeks and, in most cases, responded to within 4 weeks.  A week is defined in the Acts to mean 5 consecutive weekdays, excluding Saturdays, Sundays and Public Holidays.  There are some limited situations under the FOI Acts, which could mean that the making of a decision could take longer than four weeks.  If this occurs, you will be notified in writing.

If you have not received a reply within 4 weeks, you are automatically entitled to consider that ALAB has refused to grant your request and you may immediately appeal to ALAB for a review on the matter.

 

What if I am not satisfied with the decision on my FOI request?

You may appeal any decision issued by ALAB by writing to The Chairman, Aquaculture Licences Appeals Board (ALAB), Kilminchy Court, Dublin Road, Portlaoise, Co Laois seeking an internal review of the matter.  A fee of €75 may apply for such an appeal.

You should make your appeal within 4 weeks from the date of response (although late appeals may be permitted in certain circumstances).  The appeal will involve a complete reconsideration of the matter by the Chairman of the Board and a decision will be communicate to you within 3 weeks.

 

What if I am not satisfied with the decision on internal review?

You may appeal the decision within six months by writing to the Information Commissioner.  If you make and appeal the Information Commissioner will fully investigate and consider the matter and issue a fresh decision.  All appeals should be addressed to:

The Information Commissioner

6 Earlsfort Terrace

Dublin 2. D02 W773

Tel:         +353 1 639 5600

Email:       info@oic.ie

A fee of €50 (€15 for medical card holders and their dependants) may apply for such an application.

 

Where can I get more information?

Further information can be obtained from:

The Information Commissioner

6 Earlsfort Terrace

Dublin 2. D02 W773

Tel:         +353 1 639 5600

Email:       info@oic.ie

The Department of Public Expenditure and Reform,

Central Policy Unit,

Floor 3,

7-9 Merrion Row,

Dublin 2.

Tel:        +353 1 631 8258

Fax:       +353 1 604 5750

Email:      cpu@per.gov.ie

FOI Act Sections 15 & 16 Reference Booklet (doc 27Kb)        

FOI Application Form (doc 15Kb)         

 

How do I make an AIE request?

Applications for Access to Information on the Environment should be made to:

The Secretary

Aquaculture Licences Appeals Board

Kilminchy Court

Dublin Road

Portlaoise

Co. Laois

R32 DTW5

Email: info@alab.ie

Tel: 057 8631912 

When making a request for information under the Access to Information on the Environment Regulations you are required to:

State that the application is being made under the AIE Regulations

Submit it in writing by post, email or fax

Provide your contact details

Specify the form and manner of access desired

Normally you will be notified of the decision on your request within 1 month of its receipt. Where, due to the complexity or volume of information required, we are unable to respond within the one month timeframe, they are required to write to the applicant within the month, indicating when a response will issue.  This date should not be more than two months from the receipt of the original request.

A written outcome of the review informing you of the decision, the reason for the decision and advising you of your right of appeal to the Commissioner for Environmental Information, including the time limits and fees associated with such an appeal, will be issued to you within one month of the date of receipt of the request.

 

How do I make an appeal to the Commissioner for Environmental Information?

A written appeal should be submitted to the Commissioner for Environmental Information at the:

Office of the Commissioner for Environmental Information,

 6 Earlsfort Terrace

Dublin 2. D02 W773

Tel:         +353 1 639 5600

Email:       info@oic.ie

Further contact details and information on the Commissioner's Office are contained on the Office of the Information Commissioner (OIC) website at www.oic.ie.

The AIE Regulations provide that a fee of €50 must be charged for an appeal to the Commissioner for Environmental Information. However, provision is also made for a reduced appeal fee of €15 for medical card holders and their dependents and also for people, not party to the original request for access to information, who are appealing a decision to release information which they believe will affect them.

Further information in relation to this regulation can be found on the Department of Environment, Community and Local Governments website.