Freedom of Information

Freedom of Information Act 2014

The Freedom of Information (FOI) Act 2014 provides that every person has the following legal rights:

  • The right to access official records held by Government Departments and all public bodies that conform to the provisions of Section 6 of the Act;
  • The right to have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading, and
  • The right to be given reasons for decisions taken by public bodies that affect them.

Routinely Available Information

The FOI Act is designed to facilitate access to information held by public bodies which is not routinely available. TII makes a wide variety of information routinely available to the public in relation to its functions, activities and schemes. Our website and extensive range of publications afford access to such information and can be availed of without recourse to the FOI Act.

Exemptions

The FOI Act asserts the right of every person to obtain access to official information to the greatest extent possible. There are, however, certain types of information which are exempt from release under the Act, consistent with the public interest and the right to privacy of individuals. Among these exemptions are records relating to:

  • Government meetings
  • Law enforcement and security
  • Confidential and commercially sensitive information
  • Personal information (other than information relating to the person making the request)

Requests may also be refused if they are deemed voluminous or unclear, but public bodies are required under the Act to assist the requester in trying to overcome these issues.

Publication Scheme

TII has prepared and published a Publication Scheme (Scéim Foilsithe faoi Alt 8 den Acht um Shaoráil Faisnéise, 2014) in accordance with Section 8 of the Act. The Scheme, which provides comprehensive information in relation to the roles, functions and types of records and information we hold, has been drafted in conformity with the Model Publication Scheme and Guidelines issued by the Minister for Public Expenditure and Reform.

Making an FOI Request

Requests under the Freedom of Information Act should be made in writing to:

Regulatory & Administration,

Transport Infrastructure Ireland,
Parkgate Business Centre,
Parkgate Street,
Dublin 8,
D08 DK10.
 

Alternatively, requests may be forwarded to us by email to FOI@tii.ie.

You may, if you wish, use our FOI request form which can be downloaded here.

You should clearly indicate that the request is being made under the provisions of the Freedom of Information Act. Please be as specific as possible when detailing your request so as to enable the staff of TII to process your application. Also, please include a daytime contact telephone number so that we can contact you should any clarification be required in relation to your request.

In accordance with the provisions of the Act, FOI requests are normally responded to within 4 weeks of receipt.

Charges

Section 27 of the Freedom of Information Act 2014 provides for the application by FOI bodies of certain fees and charges. The current fees/charges are as follows.

Type of request or applicationStandard*Reduced**
Initial request for a record Free Free
Internal review (non-personal information request)* €30 €10
Appeal to information Commissioner (non-personal information request)* €50 €15

* There are no fees where the FOI request is for the personal records of the requester or where the appeal relates to a decision by a public body to charge a fee or deposit for search & retrieval (see below) or a fee or deposit of a specific amount.

** Reduced fees apply to a medical card holder or a dependant of a medical card holder, as well as to third parties who appeal a decision to release their information on public interest grounds.

Payment should be made by way of cheque made payable to “Transport Infrastructure Ireland” (for queries from the public) or by electronic funds transfer (for queries from businesses).  Details of the electronic funds transfer are available from our Finance Unit, email: accountspayable@tii.ie.

Search & Retrieval

Under Section 27 of the FOI Act, a public body shall apply charges for the time spent finding and retrieving records and for any copying costs incurred in providing the requester with the material requested. Normally, such charges are not applied in respect of personal records, except where a large number of records are involved.

Search & retrieval costs are charged at €20 per person per hour, subject to the following:

  • No charge may be applied if the search & retrieval time takes less than 5 hours (i.e. cost of €100 or less).
  • If the charge exceeds €100, full fees apply, subject to a maximum fee of €500, as set out in the following bullet.
  • The amount that a public body may charge for search & retrieval is capped at €500. However, if the estimated cost would exceed €700 (i.e. 35 hours), the FOI body can refuse to process the request unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the €700 limit.

Copies of Records

The following charges apply for copying records:

  • €0.04 per sheet for a photocopy.
  • €10 for a CD-ROM.

Internal Review

You may appeal a decision issued by TII in response to an FOI request by writing to Regulatory & Administration, Transport Infrastructure Ireland, Parkgate Business Centre, Parkgate Street, Dublin 8, D08 DK10, seeking an Internal Review of the matter. As outlined above, a fee of €30 (€10 for medical card holders) normally applies for such an appeal. There is no fee for Internal Review applications concerning only personal information relating to oneself or in relation to a decision to impose a fee or deposit.

A request for an internal review should normally be made within 4 weeks from the date of our response (late appeals may be permitted in certain circumstances). The internal review process involves a complete reconsideration of the matter by a more senior member of staff of TII than the original decision maker and a decision will normally be communicated to you within 3 weeks.

Appeal to the Information Commissioner

If you are dissatisfied with the decision following the Internal Review process, you may appeal the decision within six months by writing to the Office of the Information Commissioner. The Information Commissioner will fully investigate and consider the matter and before issuing a decision. Appeals should be addressed to:

The Information Commissioner,
18 Lower Leeson Street,
Dublin 2,

D02 HE97.
Tel: +353 (1) 639 5689
Locall: 1890 25 32 38
Fax: +353 (1) 639 5674
E-mail: info@oic.gov.ie

A fee of €50 (€15 for medical card holders) may apply for such an application. Again, there is no fee for appeals to the Office of the Information Commissioner concerning only personal information relating to oneself or in relation to a decision to impose a fee or deposit.

FOI Disclosure Log

Under Section 48 of the FOI Act, bodies are obliged to have regard to any FOI Code of Practice that is published by the Minister.  The Code provides that a public body maintain and publish a log of FOI requests received, as well as records released in response to such requests, except in relation to requests for access to personal information.

Further Information

Further information in relation to FOI is available from the following: 

Please note that TII will process any personal data that you provide to us in accordance with our Data Protection Notice, which is available here.