FREQUENTLY ASKED QUESTIONS IN RELATION TO FEES
Refer to the New PBs briefing session 140115 and the Freedom of Information Act (Fees) (No. 2) Regulations 2014 for additional information in relation to fees.
No. The Upfront FOI application fee was abolished.
Generally No. Section 27(1) states that there are no charges when the records relate to the personal information of the requester. However – Section 27(4) allows for the charging of fees, in circumstances where the records relate to a significant number of records. When considering whether this charge should be levied the means of the requester should be taken into account. In practice however, this provision is rarely used and the provision of personal information is generally free.
No. The cost associated with search and retrieval charges have been rounded down to €20.00 per hour, (Min €101 – Max €500 subject to €700 ceiling limit) Other charges:
Yes, Medical card holders and dependants of medical card holders can seek reduced fees in the following cases:
No. Where the fee falls below €100 no cost should be applied Where the fee is calculated at more than €101 but below €500 then the full fee should be charged in this instance €350
No. The €500 appropriate maximum amount does not apply. Section 27(12)(a)(iv) states that the requester must pay ‘the full cost of the charges likely to be payable and subsection 5 shall apply’. Subsection 5 requires that the FOI body must request a deposit where search and retrieval costs applies The €500 (appropriate maximum amount) will, however, apply if the total final cost (actual cost), in respect of the records being released, falls between €500 and €700.
No. Section 27(5)(c) states that the FOI body must request a deposit no later than 2 weeks after the receipt of the request for an internal review. This has always been the case.
No. Section 27(1) states that you can only charge search, retrieval and copying fees in respect of records actually granted.
Yes. If the estimated fee is above €101, Section 27(5)(a) states that a deposit (not being less than 20 per cent of the total estimated cost) shall be charged by the FOI body.
Yes. Section 27(2)(e) allows for the charging of costs associated with preparing a schedule specifying the records for consideration for release.
Yes but only in the following circumstance. Section 27(6) states that the fee may be reduced or waived in the event that some or all of the information contained in the records would be of particular interest in understanding an issue of national importance.
Yes. Section (15)(1)(h) an FOI body my refuse access to records if a fee or deposit has not been paid in relation to that request or in respect of a previous request by the same requester.
Yes. Refer to Section 6 Freedom of Information Act (Fees) (No. 2) Regulations 2014
No. In certain circumstances there is not charge for an internal review, these are:
No. In this instance the clock has not started. Section 27 (13)(a)(i) states that a fee shall be charged and Section 27(13)(b) states that an internal review request is not valid if no fee has been paid by the requester at the time of making the application for review.
No. Release of Information under the Freedom of Information Act is considered to come under the scope of Article 4(5) of the European Community Sixth VAT Directive and as such charges are as outside the scope of VAT