Letter 14c - Letter to applicant part granting request
I refer to the request which you made under the Freedom of Information Acts 1997 and 2003 for records held by this Department/Body:
[quote request wording here]
I have made a final decision to part grant your request on [date x]. If you have any queries regarding this correspondence you can contact me by telephone at [x number].
The purpose of this letter is to explain that decision. This explanation has the following parts:
1. a schedule of all of the records covered by your request;
2. concerning records to which access is granted, an explanation and a statement of the arrangements for this access, its form and the fee required to be paid;
3. concerning records to which access is denied, an explanation of the relevant findings; and
4. a statement of how you can appeal this decision should you wish to do so.
This letter addresses each of these four parts in turn.
1. Schedule of records
A schedule is attached at the end of this letter. It shows the documents that this Department/Body considers relevant to your request. It also gives you a summary and overview of the decision as a whole. The schedule describes each document, and indicates whether the document is released in full, released with deletions or not released. The schedule refers to the sections of the FOI Act which apply to prevent release. As to these documents, the schedule also provides brief reasons for the decision which are meant to supplement the fuller and more detailed explanation given under heading 3. below.
2. Access Arrangements
NOTE TO DECISION MAKER
IF YOU HAVE NOT CHARGED A FEE, USE THE FOLLOWING PARAGRAPH.
You have sought access to the records by means of [photocopies], and I consider this an appropriate form of access in this case. Accordingly, the records described as released in full or released with deletion are now enclosed.
NOTE TO DECISION MAKER
IF YOU HAVE CHARGED A FEE, USE THE FOLLOWING FOUR PARAGRAPHS.
You have sought access to the records by means of [photocopies] and I consider this an appropriate form of access in this case. The records described as released in full or released with deletion will be made available to you subject to the following condition:
that you pay a fee in the amount of € [euro amount] which amount is calculated on this basis [number] hours of staff time to locate and draw together the records covered by you request @ €20.95 per hour, and 4 cents for each page of photocopying (there are such [no. of copies]copies to be released to you).
Payment should be made by way of Bank Draft, Money Order, Postal Order or personal cheque made payable to [name of Department/Body]. The payment should be forwarded to the undersigned at your earliest opportunity.
The photocopied records will be sent to you within one week of the date that the above payment is received by this Department/Body. A week is defined in the Act to mean 5 consecutive weekdays, excluding Saturdays and public holidays (Sundays are also excluded, as they are not weekdays). Should you wish to pay the fee, you must do so within 8 weeks of the date on which you received this letter. The Department/Body is obliged to hold the records ready for only 8 weeks for possible access by you.
Should you not agree that the above fee is appropriate, you may make an appeal on this point as noted below under heading 4. A copy of section 47 of the FOI Act is enclosed for your reference. This is the section of the Act which details its fee requirements.
3. Findings, particulars and reasons for decisions to deny access.
The sections of the Act which can apply to deny access to documents are known as its exemption provisions.
NOTE TO DECISION MAKER:
THE FOLLOWING ARE GUIDELINES AS TO WHAT INFORMATION SHOULD BE INCLUDED IN THE FOLLOWING PART OF THE LETTER
1. A summary of the records involved in this request and the basic reasons why they are so sensitive that they cannot be released;
2. A plain English description of each relevant exemption provision and how it works, and the attachment of the text of each such provision;
3. Where the relevant exemption applies to a particular type of record, or to a record which was created or received under certain circumstances, an explanation of how the requirements of the exemptions are satisfied in each case;
4. An account of the detrimental consequences which could result from the disclosure of each record, and the evidence and reasoning which supports such a view; and,
5. If applicable, the public interest factors which apply, and the reasons why those supporting non-disclosure are more weighty.
4. Rights of appeal
NOTE FOR DECISION MAKER
IF YOU HAVE CHARGED A FEE, INSERT ONE OF THE FOLLOWING PARAGRAPHS
[REQUESTS FOR NON-PERSONAL INFORMATION:]
You may appeal this decision (and/or the decision referred to impose a fee). Please note, that a fee applies for an appeal, with the exception of an appeal against the imposition of a fee. The level of this has been set at €75 [€25] [delete as applicable]. In the event that you need to make such an appeal, you can do so by writing to the Freedom of Information Unit, [address] enclosing the appropriate fee or in the case where no fee is required you can send your appeal by e-mail to [address] Payment should be made by way of bank draft, money order, postal order or personal cheque made payable to [name of Department/Body] You should make your appeal within 4 weeks (20 working days) from the date of this notification, however, the making of a late appeal may be permitted in appropriate circumstances. The appeal will involve a complete reconsideration of the matter by a more senior member of the staff of this Department/Body.
[REQUESTS FOR PERSONAL INFORMATION:]
You may appeal this decision (and /or the decision referred to above to impose a fee). In the event that you need to make such and appeal, you can do so by writing to the Freedom of Information Unit [address] or alternatively by sending an e-mail to [address]
NOTE TO DECISION MAKER. IF YOU HAVE NOT CHARGED A FEE, USE ONE OF THE FOLLOWING PARAGRAPHS.
[REQUESTS FOR NON-PERSONAL INFORMATION]
You may appeal this decision. In the event that you need to make such an appeal, you can do so by writing to the Freedom of Information Unit [address] Your correspondence should include a fee of €75 [€25] [delete as applicable] for processing the appeal. Payment should be made by way of bank draft, money order, postal order or personal cheque made payable to [name of Department/Body]. You should make your appeal within 4 weeks from the date of this notification. However, the making of a late appeal may be permitted in appropriate circumstances. A week is defined in the Act to mean 5 consecutive weekdays, excluding Saturdays and public holidays (Sundays are also excluded, as they are not weekdays). The appeal will involve a complete reconsideration of the matter by a more senior member of the staff of this Department/Body.
[REQUESTS FOR PERSONAL INFORMATION:]
You may appeal this decision. In the event that you need to make such an appeal, you can do so by writing to the Freedom of Information Unit [address] or alternatively by sending an e-mail to [address]. You should make your appeal within 4 weeks from the date of this notification. However, the making of a late appeal may be permitted in appropriate circumstances. A week is defined in the Act to mean 5 consecutive weekdays, excluding Saturdays and public holidays (Sundays are also excluded, as they are not weekdays). The appeal will involve a complete reconsideration of the matter by a more senior member of the staff of this Department/Body.
kristoforus agung (24)
