Almost three years later, I’m as wise as ever
On March 6, 2001, I received an acknowledgement from the private secretary to the minister for health informing me that my request was receiving attention.
On April 11, I again wrote to the minister for health stating I had not received a decision on my request for information and that I was referring the matter to the information commissioner. On April 14, 2001, I received a further letter from the Department of Health setting out the scope of the request and informing me that my request for information was being refused on the basis that the records sought were widely available without recourse to the Freedom of Information Act.
On May 18, 2001, I wrote to the department stating I was appealing this decision.
On June 27, 2001, I wrote again to the Department of Health informing them that I was referring the matter to the information commissioner.
On July 8, 2001, I lodged an appeal regarding the decisions of the Department of Health to the information commissioner.
On January 29, 2002, the Office of the Information Commissioner informed me that a review of the decision of the Department of Health would take place.
Very little more was heard from the Office of the Information Commissioner until June, 2003, when I was informed that my appeal had been assigned to an investigator.
On July 31, 2003, I received a letter from the Department of Health regarding a request for internal review. A list of files was enclosed. The Department of Health requested a payment of a deposit of 431.57, which was 20% of the total estimated cost of 2,157.85 required for the search and retrieval of records.
I have since referred the above to the Office of the Information Commissioner and have been informed that it will be some yet before they have completed their investigation and review.
In relation to the Department of Health I was informed a few weeks ago that the person dealing with the request was on holiday.
Finance Minister Charlie McCreevey and the Government had no need to amend the Freedom of Information Act. Clearly there is more than one way to stop sensitive information getting into public domain.
Can this request for information, made nearly three years ago, be deemed a ‘record?’
Edward P Hernon,
37, Robinson’s Court,
Cork Street,
Dublin 8.
