Freedom of Information

The Freedom of Information Act 2014 (FOI Act) came into force on 14th October 2014 and replaces the Freedom of Information Act 1997* which was implemented in local authorities on the 21st October 1998. This act was introduced to:

• Enable members of the public to obtain access to official information, to the greatest extent possible, consistent with the public interest and the right to privacy.
• Enable persons to have personal information relating to them, in the possession of public bodies, corrected.
• Provide for the right of access to records held by public bodies.
• Provide for necessary exceptions to that right.
• Provide for assistance to persons to enable them to exercise that right.
• Provide for the independent review, both of decisions of public bodies relating to that right and of the operation of this Act generally (including the proceedings of such bodies pursuant to this Act).
• Provide for the publication by public bodies of certain information about them, relevant to the purposes of this Act.
• Provide for related matters.

* A further Freedom of Information Act was passed in 2003 which made some amendments to the original act and allowed for the introduction by regulation of application fees for requests and appeals. The FOI legislation known as the Freedom of Information Acts, 1997 and 2003 has been replaced by the Freedom of Information Act 2014.  

Clare County Council's policy in relation to the Freedom of Information Act is to give members of the public access to information held by this authority, to the greatest extent possible, in accordance with the provisions of the Freedom of Information Acts 2014, and consistent with the public interest and the right to privacy of the individual.

Publication scheme under Freedom of Information Act, 2014

A publication scheme has been published, concerning the information of Clare County Council, in conformity with a model and guidelines made by the Minister for Public Expenditure and Reform under Section 8 of the Freedom of Information Act, 2014.

The Scheme comes into effect on the 14th April, 2016.

Purpose of Scheme:

The Scheme is designed to facilitate the provision of information to the greatest extent possible.

There will be circumstances where an FOI body may indicate in its Publication Scheme that a particular item is “not applicable” (“N/A”). These circumstances arise where:

• the body does not hold the type of records concerned;
• the body is only subject to FOI in part and the type of records listed in the scheme are exempt; or
• the information is exempt under one of the FOI Act exemptions or is prohibited by some other statute, licence or regulatory decision.

Scheme Format and Access:

The Scheme is web based with links from it to information under six headings as set out below.

1. Information About the FOI Body
2. Functions and Services Provided or to be provided to the Public
3. Decision Making procedures relating to the Functions and/or Services provided to the Public
4. Financial Information
5. Procurement
6. Information Routinely Published and Miscellaneous

• The Publication Scheme for Clare County Council

A hard copy will also be available for viewing by appointment.