How to apply for information
Applications under the FOI Acts should be addressed to:Ms. Valerie Lyons,
Freedom of Information Officer,
Clare County Council,
Áras Contae an Chláir,
Telephone: (065) 6846405
Fax: (065) 6828233
Criteria for applications to qualify as a valid request
- The application must be in writing (request sent by letter, fax or email to the number/address indicated above is acceptable). Request for Access to Records Application Form [PDF, 24KB] are also available. To view and print PDF files, a viewer program called Adobe Acrobat Reader is required. A free copy of this Adobe Reader can be downloaded from the Adobe Website.
- The application should indicate that the information is sought under the Freedom of Information Act.
- You must provide sufficient information to identify adequately the information sought.
- No Fees apply when making a request under the Freedom of Information Act, 2014 (however search and retrieval fees may apply - see section on Fees).
- Please note that it is possible to make payment by credit card, over the telephone, by contacting the Councils Cash Office on (065) 6846208.
You are entitled to apply for access to information not otherwise publicly available. The FOI Acts provide that every person has the following three new legal rights:
- You have a right to the following records held by or under the control of Clare County Council unless such records are exempted under the acts:
- All records created after 21st October, 1998 .
- Such records created before that date as may be required to understand records created after commencement of the 1997 act.
- Personal records regardless of when created.
- If you are a staff member, personnel records created from 3 years before commencement of the 1997 act.
- A right to access to reasons for decisions made by Clare County Council directly affecting yourself.
- A right to seek correction of personal information relating to you, held by Clare County Council where it is inaccurate, incomplete, or misleading.
If you wish to receive the information in any particular form e.g. photocopy, computer disk etc., you should indicate this in your request.
Please give as much detail as possible to enable us to identify the records to which you require access. If you have difficulty in identifying the precise records which you require, we will be happy to assist you in preparing your request.
We must issue acknowledgement of your request within two weeks (10 working days) of our receiving it.
We must make a decision on your request within four weeks (20 working days) of our receiving it unless the request relates to such number of records that compliance within the specified time is not reasonably possible, in which case a time extension not exceeding a further four weeks (20 working days) may be allowed. You must be notified of the period of the time extension required and the reasons for same.
Records in relation to Water Services
Irish Water has assumed certain water service functions previously conferred on the Clare County Council with respect to water and waste water activities. Various records, information and material remain held by this council that affect Irish Water or concern the functions transferred to Irish Water pursuant to the Water Services (No.2) Act 2013. The council and Irish Water have entered into a protocol to outline how the local authority and Irish Water will interact to facilitate requests for such records under the Freedom of Information Act (as may be amended or replaced from time to time) (the "FOI Act");
The following is a non-exhaustive list which sets out which organisation is most appropriately positioned to process requests for records. This is to help ensure that the public, when making a request, knows and can be guided to the body that is most appropriately placed to handle their request.
The following queries, as a general rule, should be the responsibility of Irish Water:
- Information relating to the establishment of Irish Water
- Operation of Irish Water
- Metering programme
- Capital investment plans post 1st January 2014
- Tariffs and connection charges post 1st January 2014
- Supplier data for services and goods to Irish Water and to local authorities in the provision of services under the SLA
- Operational records post 1st January 2014
- Taking in charge of Group Water Schemes post 1st January 2014
- Regulatory submission to the Commission for Energy Regulation
- EPA correspondence and submissions post 1st January 2014
The following queries, as a general rule, should be the responsibility of the local authorities:
- Capital investment prior to 1st January 2014
- Records relating to maintenance of water networks prior to 1st January 2014
- Operational records prior to 1st January 2014
- Commercial water tariffs and connection charges or levies prior to 1st January 2014
- Group water schemes
- EPA correspondence and submissions prior to 1st January 2014
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