Freedom of Information

The Act requires public bodies to respond to requests from the public for information they hold.  In most cases, public bodies must give their decision on a request within 4 weeks of receiving it.

The following records come within the scope of the Act:

• all records held by the NTPF which were created after 21^st April 1998*
• any record created before 21^st April 1998 if this record is necessary for understanding a record created after 21^st April 1998*
• all personal information, which is held by the NTPF, regardless of when the records were created

*The NTPF was established on 1^st May 2004 and therefore only holds records from that date.

However, in order to allow Government business to be properly conducted, it will sometimes be necessary to exempt from release certain types of information in some circumstances. These exemptions are set out in the Act. Among the key 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 too voluminous or unclear, but the NTPF is obliged to assist the requester in trying to overcome this if possible.

The type of records held by the NTPF can be classified as follows:

• Client/Patient Records
• Staff Personnel Records
• General administration Files
• Procedure Manuals, policy documents & technical guidance documents
• Financial Records
• Toolkits
• Nursing Home Documentation
• National Waiting List Data/Patient Treatment Register

The NTPF makes information available to the public on its functions and activities.

Section 8 of the Freedom of Information Act 2014 (the FOI Act) requires Public Bodies to prepare and publish as much information as possible in an open and accessible manner on a routine basis outside of FOI, having regard to the principles of openness, transparency and accountability as set out in sections 8(5) and 11(3) of the FOI Act. The NTPF’s Publication Scheme is available as pdf.

This information will continue to be available from the NTPF or on-line without the requirement of the FOI acts.

All applications under the FOI Act should be addressed to:

Freedom of Information Officer
The National Treatment Purchase Fund
Ashford House
Tara Street
Dublin 2

Tel: 01 6427101

e-mail: foi@ntpf.ie

In order for a request for information/records to comply with the requirements of the FOI Acts, and to enable the request to be dealt with as efficiently as possible:

• Your application should be in writing
• Your application should also indicate that the information is sought under the Freedom of Information Acts
• You should give as much detail as possible to enable the NTPF to identify the record(s). If you have difficulty in identifying the precise records which you require, we will be happy to assist you in preparing your request
• If the information is required in a particular format, i.e. photocopy, electronic copy, etc, this must be specified, and the NTPF will endeavour to accommodate your request
• You may be required to provide proof of identity, especially when requesting personal information, so you may be required to produce your Passport, Driving License, Birth cert or such like
• You should include a daytime telephone number so that you can be contacted if it is necessary to clarify details of your request

• Your request should be acknowledged within 10 working days of receipt of the request
• This acknowledgement will set out your rights of application in the event of the request not being dealt with within the specified time limits
• A decision whether to grant or refuse the request will be issued within 20 working days, where third party consultation is not required

There is no charge for submitting a request. In respect of non-personal requests, other charges may be applied for the time spent finding records, and for any reproduction costs incurred by the NTPF in providing you with the material requested (search, retrieval and copying charges). Where the cost of such search, retrieval and duplication is:

• Less than €101, no fee is charged
• greater than €500 but less than €700, a maximum charge of €700 applies
• greater than €700, the NTPF can refuse to process the request

Details of the actual charges relating to your request will be notified to you in writing.  Payment should be made by way of Electronic funds transfer. Please contact the FOI Officer for bank details.  A list of relevant fees is set out below:

List of Fees

S.I. No. 484 of 2014 relates to information regarding fees. In summary

• There is no charge for submitting a request
• Search and Retrieval – €20 per hour (for requests that exceed the €100 minimum in terms of search, retrieval and copying), subject to the ceilings mentioned above
• €0.04 per sheet for a photocopy
• Internal review fee €30 (€10 for medical card holders)
• Appeal to the Information Commissioner €50 (€15 for medical card holders)

Notes:

• There is no charge if the records concerned contain only personal information relating to the applicant, unless there are a significant number of records
• If you are claiming a reduced application fee, the request must be accompanied by the Medical Card registration number and your consent to the verification of these details with the HSE
• A full list of fees is available on request

The FOI set out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or third parties. Where the NTPF invokes these provisions to withhold information, the decision may be appealed. Details of the appeals mechanisms are set out below:

Internal Review

You may seek an internal review of the initial decision if:

• you are dissatisfied with the initial response received i.e. refusal of information, form of access, charges etc.
  or
• you have not received a reply within 4 weeks (20 working days) of your initial request. This is deemed to be a refusal of your request and allows you to proceed to internal review.

Requests for an internal review should be submitted in writing to:

Freedom of Information Officer
The National Treatment Purchase Fund
Ashford House
Tara Street
Dublin 2
Tel: 01 6427101
e-mail: foi@ntpf.ie

You should make your appeal within 4 weeks from the date of response (although late appeals may be permitted in certain circumstances). The appeal will involve a complete reconsideration of the matter, by a more senior member of staff of the NTPF, and a decision will be communicated to you within 15 working days.

A fee of €30 (€10 for medical card holders) may apply 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.

Review by the Information Commissioner

If you are dissatisfied following the completion of an internal review, you may seek an independent review of the decision from the Information Commissioner. Also, if you have not received a reply to your request for an internal review within 15 working days, this is deemed to be a refusal, and you may appeal the matter to the Commissioner. If you make an appeal, the Information Commissioner will fully investigate and consider the matter, and issue a fresh decision.

Appeals in writing may be made directly to the Information Commissioner at the following address:

Office of the Information Commissioner
6 Earlsfort Terrace,
Dublin 2,
D02 W773.

Telephone: (01) 639 5689
Email: info@oic.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.

Further information on FOI is available from:

www.oic.ie

More comprehensive information on Freedom of Information, including the text of the Freedom of Information Act 2014 is available at www.foi.gov.ie.