Freedom of Information Act, 1997
An Information Guide to How Services are Administered

Introduction
The Freedom of Information Act, 1997 came into effect for Government Departments on the 21^st April, 1998 and for Health Boards and Local Authorities on the 21^st October, 1998.

The implementation of the Act is the start of a period of greater openness with regard to decision making and accessing personal and general information held by public bodies.

Publications by public bodies required under the Act

Its purpose is to facilitate access to official information held by the South Eastern Health Board. Specifically the manual provides information on

• Mission Statement
• Aims, purposes and values
• Area and population
• Health Board Membership and committees
• Organisation Structure
• Classes of records held by the Board
• The Boards services and benefits and procedure for access
• How to obtain information without recourse to Freedom of Information Legislation.
• How to obtain information under Freedom of Information Legislation.

Section 15 will be widely available to the public at all main Health Board centres and also through other public information centres throughout the region.

• Community Services.
• Community Welfare Services.
• Child and Family Support Services.
• Disability Services.
• Services for the Elderly.
• General Hospital Services.
• Mental Health Services.
• Central Services.

Within each of these categories each of the services and benefits provided are detailed as follows;

• a general description,
• the legislation governing the provision of the service or benefit,
• the rules, policies, guidelines etc. used by the Board in making decisions with regard to these services and benefits,
• information regarding eligibility,
• appeals process,
• the locations where further information can be obtained.

In applying for any service or benefit it is important to note that the applicant is required to sign a declaration that the information supplied is correct to the best of the applicants knowledge. A person who knowingly makes a false statement, conceals any material fact or produces a false document is liable to be prosecuted in accordance with Section 75 of the Health Act 1970.

This manual will be widely available at all main Health Board centres and if you require information on any particular service or group of services that information will be made available to you.

• To increase openness.
• To improve accountability.
• To increase public appreciation of issues involved in policy decisions.
• To give stronger public ownership and acceptance of decisions made.
• To provide people access to their records and allow them to amend records if incorrect.

 The Act sets out three new legal rights.

• A legal right for each person to access information held by public bodies.
• A legal right to have official information relating to him/herself amended where it is incomplete, incorrect or misleading.
• A legal right to be given reasons for decisions affecting them.

What records can be requested under the Act?

• All records created after the Act commences (21^st October, 1998)
• All personal records of clients, whenever created.
• All records of staff created after 21^st October, 1998.
• Earlier records if needed to understand later records which are accessed.

Access to information
Information can be obtained

• Through discussion with the relevant member of the Board’s staff
• Through information leaflets, annual, special and other reports published by the Board
• Through administrative access i.e. by writing to the appropriate officer of the Board stating the information requested.
• Through making a request under the Freedom of Information Act

Under routine access and administrative access all appropriate information will be made available to the requester having regard to privacy, confidentiality and the public interest.

Requests under the Freedom of Information Act
Under Section 7 of the Act a person may make a request for access to records, this request must be in writing stating that the request is made under the Act and containing sufficient particulars in relation to the information concerned to enable the record to be identified. Under Section 18 of the Act a member of the public has the right to request information regarding acts of public bodies affecting them. A Freedom of Information request is a very formal procedure and the public body is required to respond within four weeks. The request will be considered in accordance with the Act having regard to the exemptions provided for which include:

• Personal information (other than information relating to the person making the request).
• Information supplied to the Board in confidence.
• Law enforcement and public safety.
• Commercially sensitive information.
• Deliberations of public bodies.
• Functions and negotiations of public bodies.

In conclusion
These publications, prepared in accordance with Sections 15 and 16 of the Act will assist the public to better understand the operations of the Board and to provide adequate information with regard to the services and benefits which it provides for the population of the South Eastern Health Board.

It should be noted that these Guides are intended to be used as information aids and do not purport to be legal interpretations.