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\n Conor O’Carroll<\/p>\n
The FOI Files is a brand-new series from our team at The Journal Investigates. Each week, one of our investigative journalists brings you inside the fight for information that we\u2019re all entitled to. They\u2019ll share their documents, their stories \u2013 and tips on how to take the journey for yourself.<\/p>\n
This week\u2019s file is from investigative journalist Conor O\u2019Carroll.<\/p>\n
See here<\/a> for The Journal Investigates\u2019 most recent investigations.<\/p>\n THEY SAY GOOD things come to those who wait.<\/p>\n This is certainly true when it comes to the statutory 20 working-day wait time for Freedom of Information requests, which can feel like an age waiting for records to arrive.<\/p>\n For journalists, it means having to plan stories in advance, taking into account the various delays that might occur, and silently hoping that nobody gets the same records before you.<\/p>\n Most requests tend to arrive on time; they may be a day or two late, but generally speaking, most public bodies are good at sticking to the required response time.<\/p>\n But what happens when they don\u2019t? What can be done when a public body is consistently missing its deadlines? And why did it take the Department of Justice 56 working days to respond to a request where they didn\u2019t find any records?<\/p>\n Automatic internal review<\/p>\n If a public body fails to respond to your request within the 20 working-day window, the requester is automatically entitled to an internal review.<\/p>\n Normally, these reviews cost \u20ac30 (\u20ac10 for medical card holders) and involve a more senior person in the organisation reviewing the request, but if a public body has failed to meet the deadline, this fee is waived.<\/p>\n But they are also given an additional three weeks to complete this review, which, for anyone under time pressure to get the records, isn\u2019t much help.<\/p>\n This is why it\u2019s usually better to get in touch with the decision maker or the FOI office in the public body to (politely) ask why you haven\u2019t yet received a decision.<\/p>\n Typically, this can be because they\u2019re waiting for someone above them to sign off on the records being released, or some people were out sick, which has led to delays.<\/p>\n This is where waiting a couple of extra days can pay off instead of immediately triggering an internal review and having to wait three more weeks.<\/p>\n But when this isn\u2019t the case, the internal review can sometimes help move things forward.<\/p>\n Delays at the Department of Justice<\/p>\n You may remember my recent investigation into the tragic Youghal Ironman event<\/a> in which two competitors died.<\/p>\n As part of this investigation, I sent several FOI requests to various public bodies, one of which was the Department of Justice.<\/p>\n But after missing the 20 working day deadline, it was clear I wasn\u2019t going to receive the records in time, so instead of initiating an internal review, I just left it be until I eventually received a decision some 56 working days later \u2013 more than double the statutory period.<\/p>\n The real kicker was that after all this time, no records related to my request were found.<\/p>\n Perhaps I could\u2019ve received this decision earlier if I\u2019d taken the opportunity to seek an internal review, but even these are leading to substantial delays at the Department.<\/p>\n In November last year, I submitted two FOI requests to the Department of Justice.<\/p>\n The first sought records on the human rights observer reports submitted after every deportation flight, while the other asked for records about the changes made to the rules governing asylum seekers, citizenship eligibility and family reunification<\/a>.<\/p>\n Ordinarily, I would have expected a response to both in late December, perhaps early January, due to many people taking holidays over Christmas.<\/p>\n But by late January, I hadn\u2019t received either response, so I sought an internal review for both requests.<\/p>\n After three weeks, I still hadn\u2019t received a response to either request, meaning the Department had now missed their second deadline.<\/p>\n If you don\u2019t receive an internal review within the three-week period, it is possible to appeal this to the Information Commissioner, though you should know that, owing to a cyberattack last December<\/a>, they are also experiencing delays responding to requests.<\/p>\n Instead, I inquired about updates to my requests every couple of weeks until, eventually, I received a decision\u2026but only for one of my internal reviews.<\/p>\n I initially sent my first request on 18 November, requested an internal review on 21 January and received a final decision on 14 April. By that time, however, the Dublin Inquirer had already received the same documents<\/a> and published a story.<\/p>\n And I still await my second internal review, some 8 months after initially sending the request.<\/p>\n So what\u2019s going wrong?<\/p>\n Why is the Department of Justice failing to provide a response within the statutory time period?<\/p>\n The main issue is likely the sheer volume of requests they are receiving.<\/p>\n \n Sign up <\/p>\n