Letter 14b - Letter to applicant refusing 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 refuse 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. an explanation of the relevant findings concerning the records to which access is denied, and
3. a statement of how you can appeal this decision should you wish to do so.
This letter addresses each of these three 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 describes each document and refers to the sections of the FOI Act which apply to prevent release. The schedule also provides brief reasons for the decision which are meant to supplement the fuller and more detailed explanation given under heading 2. below. It also gives you a summary and overview of the decision as a whole.
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 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 reasons why they are sensitive and cannot be released;
2. A plain English description of each relevant exemption 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.
3. Rights of appeal
NOTE TO DECISION MAKER
INSERT THE FOLLOWING PARAGRAPH FOR 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, Department of Enterprise, Trade and Employment, Kildare Street, Dublin 2. 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. 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.
NOTE TO DECISION MAKER
INSERT THE FOLLOWING PARAGRAPH FOR 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.