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Freedom of Information Reference Number 17 (82)LCC site.logo undefined Mel McWeeney

Freedom of Information Reference Number 17 (82)LCC



Freedom of Information Request Reference Number 17(82)LCC

Dear Mr McWeeney

I refer to your Freedom of Information Request received by this office on the 3th October, 2017 and acknowledgement issued the 9th October a copy of which is enclosed for your information.

I Willie O'Dowd Willie O'Dowd Librarian Town Centre Longford Co. Longford Ireland Longford County Library Longford County Library Longford County Library Town Centre Longford Co. Longford Ireland 043 3340727 library@longfordcoco.ie have now made a final decision to part-grant your request.

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. An explanation of the relevant findings concerning the records to which access is denied.
  3. A statement on how you can appeal this decision should you wish to do so.

(1) Schedule of records

A schedule is enclosed with this letter. It shows the documents that this body thinks relevant to your request. It describes each document and refers to the sections of the FOI Act which apply to prevent release. The schedule also refers you to sections of the detailed explanation given under heading 2 below, which are relevant to the document in question. It gives you a summary and overview of the decision as a whole.

Schedule of Records for LCC 17(82)

Record
No.		 Date of
Record		 Brief Description No. Of Pages Decision
Grant, Part-
grand, refuse		 Section of
Act
applicable		 Record
Edited/Identify
deletions
1 12/02/14 Report to Ombudsman 1 Grant
2 19/07/12 Letter to Mel McWeeney 1 Grant
3 23/07/12 Letter from Mel McWeeney 1 Grant
4 17/10/12 Letter to Mel McWeeney 2 Grant
5 20/10/12 Letter from Mel McWeeney 1 Grant
6 04/01/13 Letter to Mel McWeeney 1 Grant
7 15/11/12
06/02/13		 Extracts from meetings Grant
8 11/01/13 Complaint from staff member 1 Refuse S.35
9 11/01/13 Complaint from staff member 1 Refuse S.35
10 Undated Complaint from staff member 1 Refuse S.35
11 Undated Complaint from staff member 1 Refuse S.35
12 24/07/12
08/08/12		 Complaint from staff members 1 Refuse S.35
13 14/09/12 Complaint from staff member 1 Refuse S.35
14 11/07/12 Complaint from staff member 1 Refuse S.35
15 Undated Complaint from staff member 1 Refuse S.35
16 Undated Complaint from staff member 1 Refuse S.35
17 Undated Complaint from staff member 1 Refuse S.35
18 11/07/12 Complaint from pool user 1 Refuse S.35
19 Undated Complaint from pool user 1 Refuse S.35
20 Undated Copy of Rules 5 Grant
21 11/10/17 Correspondence from Mel
McWeeney		 1 Grant
22 15/11/12 Minutes relating to Mel
McWeeney		 2 Grant
23 06/02/13 Minutes relating to Mel
McWeeney		 2 Grant
24 16/11/16 Minutes relating to Mel
McWeeney		 1 Grant
25 17/01/17 Minutes relating to Mel
McWeeney		 2 Grant
26 13/10/17
11/10/16		 E-mails relating to refund 2 Grant
27 11/10/16 Letter relating to refund Grant 1
28 20/10/17 Letter relating to authority 1 Grant
29 Undated List of members of
Longford Pool Construction		 1 Grant

In relation to your request Records 1-20 relate to Part 1 of your request.

I am unable to send you an e-mail archive as to Part 2 of your request as you have not provided me with your e-mail request as asked for in the letter of acknowledgement issued (see item 21 of the schedule).

All relevant minutes in relation to yourself are provided under records 22-25 in the Schedule.

Records in relation to Part 4 are provided under records 26-28 in the schedule.

Records in relation to Part 5 are provided under record 29 in the schedule.

No records exist for Part 6 of your request. This is refused under S.15 of the Freedom of Information Act 2014, which is explained in further detail below.

(2) 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 exemption provisions.

In the case of the above records two separate exemptions provisions are used. I will list each exemption and I will state my reason for using each one.

Information obtained in confidence.

Section 35 (1) of The Freedom of Information Act 2014 states:

35. (1) Subject to this section, a head shall refuse to grant an FOI request if- (a) the record concerned contains information given to an FOI body, in confidence and on the understanding that it would be treated by it as confidential (including such information as aforesaid that a person was required by law, or could have been required by the body pursuant to law, to give to the body) and, in the opinion of the head, it's disclosure would be likely to prejudice the giving to the body of further similar information from the same person or other persons and it is of importance to the body that further similar information as aforesaid should continue to be given to the body, or

(b) disclosure of the information concerned would constitute a breach of a duty of confidence provided for by a provision of an agreement or enactment (other than a provision specified in column (3) in Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule) or otherwise by law.

In this case I feel all the above requirements have been met.

  • the information concerned was given in confidence
  • on the understanding it would be treated as confidential
  • it's disclosure would be likely to prejudice the giving of other information
  • it is of importance that further similar information should continue to be given.

There is a significant danger orf harm to the workings of Longford County Council if information of the type above is release.

There is also a public interest exemption contained in S.35(1)(3):

(3) Subject to section 38, subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balanace, be better served by granting rather than by refusing to grant the FOI request.

In this case I feel the right of the public to access such information and the disclosure of such information will reveal reasons for decisions is outweighed by the damage to the workings of Longford County Council caused by impairing future sources of important information.

No records exist in relation to Part 6 of your request. I am refusing this under S.15(1) of the Freedom of Information Act 2014:

Sectio15 (1) (a) of the Freedom of Information Act 2014

S15(1) A head to whom an FOI request is made may refuse to grant the request where -

(a) the record concerned does not exist or cannot be found after all reasonable steps to ascertain it's whereabouts have been taken

(3) How to appeal this decision

If you are not satisfied with the decision on your request you may apply in writing within 4 weeks (i.e. 20 working days) to the Senior Executive OFficer, Human Resources, Longford County Council, Great Water St., Longford for an internal review. The appeal will involve a complete reconsideration of the matter by a more senior member of Longford County Council. 

FOI Officer
Phone 043 3341124