Freedom of Information (FoI)

What is Freedom of Information?

Freedom of Information (FOI) is a legal right that allows individuals to access records held by public bodies and to have their personal information corrected or updated if it's incorrect. In Ireland, this right is established by the Freedom of Information Act 2014. The FOI Act provides that every person has specific legal rights. These include the right to access official records held by Government Departments or other public bodies as defined by the Act, the right to have personal information corrected or updated if it is incomplete, incorrect, or misleading, and the right to be given reasons for decisions made by public bodies that affect them. 

The Freedom of Information (FOI) Act 2014 governs access to information held by public bodies, including the Legal Aid Board.

The FOI legislation provides that every person has the following legal rights:

• to have personal information held on them altered, added, or deleted where such information is incomplete, incorrect, or misleading; and
• to be given reasons for decisions taken by public bodies that affect them; and
• to access official records held by public bodies covered by the Act.

These rights can be exercised by a parent or guardian in respect of a minor or a person with a disability and by the next of kin or personal representative of a deceased person (subject to guidelines published from time to time by the Minister for Public Expenditure and Reform.

These rights mean that a person can seek access to personal information held by the Board, no matter when the information was created, and to other records created by the Board after 21 April 1998. The Board became subject to FOI on 1 June 2002.

Routinely Available Information

The Board routinely makes available to the public information on its functions and activities. Such information is available via its website www.legalaidboard.ie without the need to rely on the FOI Act. 

The FOI Act is designed to facilitate public access to information held by public bodies that is not routinely available through other sources. Such access is subject to certain limitations, exemptions, timelines and requirements.

Reviews

The FOI Act provides for internal reviews of decisions made by the Legal Aid Board on FOI requests. If still not satisfied with that Legal Aid Board decision, the Act also provides for a further review by the Office of the Information Commissioner.

Office of the Information Commissioner

6 Earlsfort Terrace, Dublin 2 D02 W773

Email: info@oic.ie

Telephone: 01-6395689

Publication Scheme

Section 8 of the FOI Act 2014 requires the Board to publish a Publication Scheme.

The Scheme details information on the Board and what records it makes available. The Scheme must be updated annually.

Purpose of the Scheme

The Scheme commits the Board to prepare and publish as much information as possible in an open and accessible manner, on a routine basis, outside FOI. The Scheme reflects the FOI principles of openness, transparency and accountability, provided that publication or giving of access to records is not prohibited by law.

The Act requires that in preparing, reviewing or revising this publication scheme, the Board shall have regard to the public interest in:

1. allowing public access to records held by the Board;
2. the publication of reasons for decisions made by the Board; and publishing information of relevance or interest to the public in relation to its general activities and functions.

The information contained in the Board’s publication scheme is set out in the table below in line with Government guidance. The scheme is web-based with links from it to relevant information in each heading. A hardcopy of the Scheme is also available for viewing at the Legal Aid Board headquarters by prior appointment.

The Freedom of Information Publication Scheme for the Legal Aid Board is below.