About this Page
What is FOI?
Do I need to make an FOI request to get information from Enterprise Ireland?
How does FOI work?
How do I make an FOI request?
Can I get access to any information that I seek?
How soon can a person making a request for records expect a reply?
What's the next step if I am unhappy with a decision on my request?
Will I be charged for requesting information under the FOI Act?
Can I get help in making a request?

About this Page

This page contains the answers to Frequently Asked Questions about the Freedom of Information Acts 1997 and 2003 and its implementation in Enterprise Ireland. If you cannot find the answer to your question here or require further information please contact:

Freedom of Information

Q - What is FOI?

A - The FOI Acts provide, that from 21 April 1998, every person has the following legal rights:

• The right to access official records held by Government Departments or other public bodies listed in the 1997 Act;
• The right to have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading;
• The right to be given reasons for decisions taken by public bodies that affect them.
  

These rights mean that from 21 April, 1998 people can seek access to personal information held on them, no matter when the information was created, and to other records created after 21 April, 1998.

Q - Do I need to make an FOI request to get information from Enterprise Ireland?

A - No- it is not necessary to make an FOI request to get information from Enterprise Ireland. A considerable amount of material is already made available to the public through information leaflets, publications, our website and in response to enquiries.  Enterprise Ireland has a dedicated Information Centre which is available to assist with general queries, requests for information and publications.

Client Services

Q – How does FOI work?

A - The Act requires public bodies to respond to requests from the public for information they hold. In most cases, public bodies must give their decision on a request within 4 weeks of receiving it (allowing for public holidays).

Public bodies must also publish reference books (known as FOI Section 15/16 Reference Books) setting out the structure of their organisation, the arrangements in place for providing information and any rules, guidelines or practices they use in reaching decisions that affect the public.  Currently a hard copy of our Section 15 Reference Book: 'Guide to Functions and Records of Enterprise Ireland' and our Section 16 Reference Book: 'Rules and Procedures of Enterprise Ireland', both published in 2001, can be obtained by emailing our FOI Office or by telephoning 01-808 2375.  Please note that these manuals are currently under revision and will be published on our website.

Freedom of Information

Q - How do I make an FOI request?

A - Requests for information under the Freedom of Information Acts must be made in writing, must refer to the Act and should be sent to Enterprise Ireland's FOI Office at the above address. Emails will be accepted. If information is required in a particular form (e.g. photocopy, computer disk, etc.) this should be specified in the application. Requests should be as specific as possible to enable the information sought to be identified. Where possible, please try to indicate the time period for which you wish to access records e.g. records created between May 2000 and December 2000. Also, if possible, try to specify the areas of Enterprise Ireland which you feel would be most relevant to your request. A standard application fee of €15 (€10 for medical card holders) must accompany all applications for records for non-personal information.

Q - Can I get access to any information that I seek?

A - The following records come within the scope of the FOI Acts:

• All records relating to personal information held by Enterprise Ireland, irrespective of when they were created
• All other records created from the commencement of the FOI Act (21 April 1998)
• Any records necessary to the understanding of a current record, even if created prior to 21 April 1998

It will sometimes be necessary to exempt from release certain types of information in some circumstances. These are set out in the Acts. Among the key exemptions are records relating to:

• Deliberations of public bodies (S.20)
• Functions and negotiations of public bodies (S.21)
• Information obtained in confidence (S.26)
• Commercially sensitive information (S.27)
• Personal Information (S.28)

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

A - Under the Acts a request for records must be acknowledged within 2 weeks and, in most cases, responded to within 4 weeks. If a third party is involved, there may be another three or more weeks before a response.

Q - What is the next step if I am unhappy with a decision on my request?

A - If you are dissatisfied with Enterprise Ireland's response you can seek to have a decision re-examined by a more senior member of staff within Enterprise Ireland. Applications for review of a decision should be addressed to

A standard application fee of €75 (€25 for medical card holders) must accompany all appeals relating to non-personal information.

If you are still unhappy with the decision, you have the right to appeal the decision to the Information Commissioner, at the following address:

Info@oic.ie

A standard fee of €150 (€50 for medical card holders) must accompany all requests for a review by the Information Commissioner for records relating to non-personal information

Q - Will I be charged for requesting information under the FOI Acts?

A - Charges may be applied for the time spent finding records and for any photocopying costs incurred by Enterprise Ireland in providing you with the material requested. It is very unlikely that any fees will be charged in respect of personal records, except where a large number of records is involved. Section 47 of the FOI Act provides for fees. Fees for search, retrieval and copying of records are currently set as follows in accordance with Statutory Instruments Nos 139 and 522 of 1998:

€20.95 per hour - search and retrieval
€0.04 per sheet for a photocopy
€0.51 for a 3 and a half inch computer diskette
€10.16 for a CD-ROM
€6.35 for a Radiograph (X-Ray)

From July 2003 fees also apply to applications, and appeals relating to non personal records as noted above.  These fees are governed by S.I. No. 264 of 2003, a copy of which can be accessed from the website of the Information Commissioner at www.oic.gov.ie

Q - Can I get help in making a request?

A - Yes, if you require any help, the staff of the FOI Office will be happy to assist you in the formulation of your request. The Office is also available to provide assistance to persons with a disability to exercise their rights under the FOI Act (e.g. 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 or her). The Office can be contacted at:

Freedom of Information

13 July 2004

Note: All references to particular sections of the FOI Act, unless otherwise stated, refer to the 1997 FOI Act as amended by the 2003 Act.