Freedom of Information (FOI)

Download Freedom of Information manual (868KB PDF Format)

Introduction

The Freedom of Information Act 1997 (and the Freedom of Information Amendment Act 2003), will be referred to as the FOI Act in this manual, establishes new legal rights:-

for each person to access records held by public bodies
for each person to have personal information about him/herself amended where it is inaccurate or incomplete
for each person to obtain reasons for decisions by public bodies affecting him/her.

The Acts assert the right of 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 of individuals.

The FOI Acts are designed to allow public access to information held by public bodies which is not routinely available through other sources (e.g. via publication or on the Internet). Access to records under the Acts is subject to certain exemptions, involves specific procedures and time limits and may involve charges to the enquirer. Information on these points is given in Section 3.

Teagasc, the Agriculture and Food Development Authority, was established by the Oireachtas under the Agriculture (Research, Training and Advice) Act, 1988. Teagasc provides integrated research, advisory and training services for the agriculture and food industry in Ireland. Its board is appointed by the Minister for Agriculture and Food and has representatives from farming organisations, the food industry, the universities, the Department of Agriculture, Fisheries and Food and Rural Development and Teagasc staff.

This Reference Manual has been prepared and published in accordance with the requirements of Sections 15 and 16 of the FOI Act 1997. Its purpose is to help members of the public in gaining access to official information held by Teagasc, the Agriculture and Food Development Authority. The manual describes the structure and functions of Teagasc, outlines its divisions and departments and indicates the types of record held in each part of the organisation. It explains how information held by Teagasc may be accessed via a request under the Freedom of Information Acts 1997 and 2003. It also shows how routinely available information may be accessed by members of the public.

Teagasc is covered by the Freedom of Information (FOI) Act 1997 since 1 November 2002.

2. Structure and Functions of Teagasc

Structure and Functions of Teagasc

The principal functions of Teagasc are:-

to provide, or procure the provision of, educational, training and advisory services in agriculture,
to obtain and make available to the agricultural industry the scientific and practical information in relation to agriculture required by it,
to understand, promote, encourage, assist, co-ordinate, facilitate and review, agricultural research and development (including research and development in relation to food processing and the food processing industry).

The mission statement of Teagasc is:-

To support science-based innovation in the agri-food sector and wider bio-economy that will underpin profitability, competitiveness and sustainability.

For the purposes of preparing requests under the Freedom of Information Act 1997, the main areas of activity within Teagasc can be summarised as:

Research into Food, Agriculture, Horticulture and Rural Development
Knowledge Transfer to the farming community, and
Education & Training Services for farmers and food processors
Operations of the financial, legal and support aspects of all programmes

The activities of Teagasc are organised around five key programme areas as follows:

Food
Animal Production and Grassland
Crops, Environment and Land Use
Rural Economy and Development
Education and Training

We are a client-based organisation and we operate in partnership with all sectors of the agriculture and food industry and with rural development agencies. We have developed close alliances with research, advisory and training agencies throughout the world and are continuously seeking to expand our international contacts.

75% of Teagasc's yearly budget comes from the Irish exchequer and EU funding with the balance generated from earned income. 40% of the budget is devoted to research with the remainder split half and half between advisory and training services.

Teagasc employs over 1300 staff at over 80 locations throughout Ireland.

Research services are provided by 150 research scientists and 200 research technicians at nine dedicated centres
There are 400 advisors and regional specialists located at Regional, County and Local Offices
The 8 colleges and 45 local training/research centres are staffed by college lecturers, technicians and education officers

3. How To Access Information Held By Teagasc

3.1 Routinely Available Information

Teagasc's business is information. Its researchers seek out new facts on Irish food production and processing. Its advisors and teachers disseminate those findings, in the context of a pre-existing body of knowledge and prevailing market conditions, to farmers, other stakeholders in rural society and people involved in the food industry. All of these activities give rise to, and are supported by, a great deal of informational material, most of which is routinely available to the public in the form of leaflets, reports, newsletters, press releases and articles published in journals and/or on the Teagasc website ( www.teagasc.ie ).

Material routinely available to the public in this way is not covered by the Freedom of Information Act 1997 so, if you think the information you require is likely to be routinely available, you should enquire first at one of our local offices or contact.

Public Relations and Information Department
Teagasc Headquarters, Oak Park
Carlow

Tel: 059 9170200
Fax: 059 9183498

3.2 Access to Information under the Freedom of Information Acts 1997 and 2003

Under the FOI Acts, everyone is entitled to apply for access to information not otherwise publicly available.

Each person has a legal right to:

access records held by Teagasc
correction of personal information relating to him/herself held by Teagasc where it is inaccurate, incomplete or misleading
be supplied with reasons for decisions made by Teagasc directly affecting him/herself

The following records are covered by the Act:

all records relating to personal information held by Teagasc, irrespective of when created
all other records created since commencement of the Act on 21 April 1998
any records created before commencement of the Act that are necessary to the understanding of a record created after 21 April 1998

3.3 Applying for Information under the FOI Act

Applications must be made in writing to

Freedom of Information Officer
Ballinamore Road
Mohill
Co. Leitrim

and must specify that the information is sought under the FOI Act. A valid enquiry must also contain sufficient particulars to enable the records sought to be identified.

If you have difficulty in identifying the records which you require the Teagasc Freedom of Information Officer, or another staff member designated by him, will assist you in focusing your enquiry. A standard FOI application form is available from Teagasc on request and on Teagasc website.

The Freedom of Information Officer is obliged to acknowledge valid requests within two weeks of receipt. Teagasc must normally communicate its decision on each valid request within four weeks of receipt.

3.4 Rights of Review and Appeal

The FOI Acts set out a number of exemptions to protect sensitive information where disclosure may damage key interests of the State or third parties. In cases where Teagasc invokes these provisions to withhold information, the decision may be appealed. Decisions on charges for record retrieval and copying, forms of access offered or deferral of access may also be appealed.

The appeals mechanisms are as follows

(a) Internal Review

This will be carried out by a Teagasc officer at a higher level than the person who made the initial decision. An internal review must be requested within four weeks of the initial decision. It may be sought if you are dissatisfied with the initial response received or if you have not received a reply within four weeks of your application. To apply for an internal review, contact the Teagasc FOI Officer.

(b) Review by the Information Commissioner

An internal review must normally be completed before an appeal may be made to the Information Commissioner. If you are dissatisfied with the outcome of the internal review, or if you have not received a reply to your application for internal review within three weeks, you may appeal the matter to the Information Commissioner at:

Office of the Information Commissioner
18 Lower Leeson Street
Dublin 2.

Application for review by the Commissioner must generally be made within six months of Teagasc's decision. The Commissioner's findings can be appealed to the High Court.

3.5 Fees

The following charges apply in relation to requests for records made to Teagasc under the FOI Acts:

Application Fees

There is no application fee if your request is for personal information only. If your request is for a records containing non-personal information, an application fee of €15 (€10 if you are a medical card holder) must accompany your request.

Search and Retrieval and Copying Fees

that are released to you and in respect of copying such records. These fees are unlikely to arise if your request is for personal information except where a large volume of records is involved.

Eur20.95 per hour for search and retrieval of records
Eur0.04 per sheet for photocopies
Eur0.51 for a 3.5 inch computer diskette
Eur10.16 for a CD-ROM

Fees, where charged, have to be paid before the information is made available. A deposit may be payable where the total fee is likely to exceed €50.80. In these circumstances Teagasc will, if requested, assist you to amend the request so as, if possible, to reduce or eliminate the fees involved.

Charges may be waived in the following circumstances

where the cost of collecting and accounting for the fee would exceed the fee itself
where the information sought would be of particular assistance to the understanding of an issue of national importance; or
in the case of personal information, where such charges would not be reasonable having regard to the means of the requester

4. Teagasc Divisions/Departments and Records Held

Teagasc is structured in three directorates:

Research
Knowledge Transfer
Operations

and Five Programme Areas:

Food
Animal Production and Grassland
Crops, Environment and Land Use
Rural Economy and Development
Education and Training

4.1 Research

4.1.1 Summary

Teagasc is the leading organisation in the fields of agriculture and food research in Ireland. Our annual research portfolio comprises some 300 research projects, carried out by 350 scientific and technical staff in eight research centres.

We collaborate extensively with our colleagues in Irish universities and participate extensively in EU Framework Programmes. We have developed bilateral agreements with research organisations in Europe, the USA and New Zealand.

4.1.2 Teagasc's Research Centres are located at:

Food Research Centre, Ashtown, Dublin 15
Food Research Centre, Moorepark, Fermoy, Co. Cork
Animal & Grassland Research & Innovation Centre, Moorepark, Fermoy, Co. Cork
Animal & Grassland Research & Innovation Centre, Grange Dunsany, Co. Meath
Animal & Grassland Research & Innovation Centre, Athenry, Co. Galway
Crops Research Centre, Oak Park, Carlow
Environment Research Centre, Johnstown Castle,Wexford
Rural Economy Research Centre, Athenry, Co. Galway

4.1.3 Records Held

Teagasc Research Centres maintain records of:

current and completed research projects
purchases of equipment, supplies, services and materials
local staff personnel information

4.2 Knowledge Transfer Services for Farmers

4.2.1 Advisory Services

The Teagasc Advisory Services seeks to maximise the income and sustainability of farm families within rural communities through the implementation of the following programmes.

Business and Technology Programme
Farmers need increased technical and financial support to develop their businesses in response to the new external environment brought about increased market opportunity and the challenges posed by more volatile international markets. Through its Business and Technology (B&T) service Teagasc continue to spearhead the campaign to increase the competitiveness in Irish agriculture The key components of the B&T programme include increased use of financial and business tools (the profit monitor, cost control planner and other financial tools), monitor farms, discussion groups, industry joint programmes, focused farm visits, and business and technology training for adult farmers. The programme focuses on business management and the uptake of technology by farmers to ensure that they can compete internationally and avail of opportunities presented by decoupling.

Environment and Technology Programme
Achieving Sustainable Systems of Agriculture is one of the major goals for Teagasc. The new Environment and Technology (E&T) programme, focuses on providing environmental services, training and advice to farmers. This programme supports sustainable farming through the provision of environmental services, nutrient/manure management planning services and the transfer of environmental technologies from research. The Programme provides a balance of environmental and technical advice for farmers. The key activities of the programme are:

AEOS support
Providing REPS support services to client farmers
Contribute to the national water quality and climate change objectives
Deliver fertilizer planning services to farmers
Improve the profitability of farms.

Rural Innovation Programme
This programme delivers advice on alternative enterprises and businesses, including rural tourism, artisan food, organic farming, sport horse production, deer production, free range poultry, and goat farming. A service is provided to assist rural people starting their own business, which includes training and mentoring services and assistance in financing, business planning marketing and public relations. Clients with significant developmental or financial viability issues to tackle are supported through a formal planning process to deal with the challenges which confront them.

The culture of the advisory service is one which ensures that the adviser gives the advice that is in the best interest of the individual farmer.

Income from client fees currently represents about 30% of the cost of running the advisory services.

Teagasc operates a sophisticated scale of charges whereby the cost of the service increases with the scale of the farm business. In this way smaller farmers are guaranteed access to services at lower rates while larger commercial farmers pay significantly higher charges.

4.2.1.2 Teagasc Advisory Offices are located in every county.

4.2.1.3 Records Held

Teagasc Advisory Offices maintain records of:

Client details
purchases of equipment, supplies, services and materials
local staff personnel information

4.2.2 Education and Training

Teagasc provides a suite of training for young entrants, farmers, rural entrepreneurs and executives/operatives in the food industry. Teagasc has a resource of over 200 teachers and trainers operating from colleges, local training centres and research centres. More than 10,000 people attend Teagasc training courses each year.

The Adult Training and Life-long learning Programme. The increasing emphasis on the environment, animal welfare, food safety and ICT along with the need to keep abreast of the latest production and financial management technologies provide the challenge for this programme. Teagasc deliver a comprehensive training programme to meet the varied and changing needs of its clients.

All education and training programmes have recently been evaluated, upgraded and benchmarked to the best international standards.

4.2.2.1 Training is carried out in Teagasc centres and the following colleges:

Clonakilty Agricultural College
Kildalton Agricultural and Horticultural College
Ballyhaise Agricultural College
College of Amenity Horticulture

4.2.2.2 Records Held

Teagasc Colleges and Training centres maintain records of:

Student details
Classes and programmes
Examination and test results
local staff personnel information
purchases of equipment, supplies, services and materials

4.3 Operations Directorate comprises:-

4.3.1 Finance Department, which deals with, and holds records on

Bad Debts
Bank reconciliations
Banking correspondence
Construction Industry Tax returns
Farmer Direct Debit database
Finance Leases database
Financial Accounts files
General Ledger
Insurance
INTRASTAT returns
PAYE/PRSI returns
Payroll
Payroll grants to Private Colleges
Pensions
Prompt Payments Act data
Tax Clearance records
VAT returns
Withholding Tax returns
EU Framework Contracts **
Purchase Ledger **
Receipts and Lodgements **
Sales Ledger **
Travel and Subsistence **
Fixed Assets Register ##

** Many accounting transactions are completed at Teagasc locations and records are retained locally.

## Since 2002, each Teagasc location maintains records of its assets.

4.3.2 Human Resources Department, which deals with, and holds records on

Transfer Requests and Opportunities
External (Open Competitions) Recruitment in Teagasc
Performance Reports
Leave
Career Breaks
Pay Rates and Conditions
Pension
Planning for Retirement
Equal Opportunities in Teagasc
Bullying/Intimidation and Harassment
Rules for Email and Internet Use from within Teagasc
Infringements/Disciplinary Procedures
Partnership
Performance Management and Development System (PMDS)
Promotions
Relevant personal details of staff members

4.3.3 The Information and Communication Technology (I.C.T.) Services Unit, which deals with, and holds records on

Planning and Operation of Computer Systems and Telecommunications Network
Data Back-up and I.T. Security Issues
Design and implementation of computer-based systems

4.3.4 Business Performance Unit, which deals with, and holds records on

Business Planning
Quality Customer Service
Evaluation

4.3.5 Facilities Management, which deals with, and holds records on

The planning/execution of all building projects in Teagasc.

4.3.6 Corporate Services, which deals with, and holds records on

Procurement
Health & Safety
Legal Affairs
Authority Affairs

4.3.7 The Staff Development Unit, which deals with, and holds records on

Formulation and implementation of staff training policy
Best practice checklists
Induction training
I.T. training
Management development training
Safety training
Staff Development Fund records
Third level opportunities
Training opportunities
Training policy for different staff categories
Training delivery records
Walsh Fellows training

4.3.8 The Freedom of Information (FOI) Unit, which deals with, and holds records on

Compliance with the Freedom of Information (FOI) Act 1997
Requests under the FOI Act

4.4 Public Relations and Information, which deals with and holds records on,

Press releases, newsletters and other information dissemination methods
Production of printed material relating to Teagasc’s activities
Management of Teagasc’s public Internet site
Teagasc’s internal library system

5. Section 16: Acts, Regulations, Procedures Governing Teagasc Decisions

Authority

The Agriculture (Research, Training and Advice) Act, 1988
State Bodies Guidelines - March 1992 (Department of Finance)
Code of Practice for the Governance of State Bodies - October 2001 (Department of Finance) includes requirement for Code of Conduct, reserved functions and other matters
Ethics in Public Office Acts, 1995 and 2001

Purchasing

Regulations issued in May 2003 (available on request)
Sale of Goods Act, 1893 and Sale of Goods and Supply of Services Act, 1980
Consumer Information Act, 1978
Code of Practice for the Governance of State Bodies - October 2001
Government e-tenders/public procurement procedures
Various EU Directives concerning procurement
Public Procurement 1994 (Government of Ireland)
Engaging Management Consultants - A Code of Practice for the Civil Service 1995 (Department of Finance)
Engaging Consultants - Guidelines for the Civil Service 1999 (Department of Finance)
Guide to public procurement in Ireland, North/South - 1991. Coras Tractala
Public Buyer Guide. Kieran McCourt, IIPMM and Bord Tractala. 1996
Public Sector Purchasing in the Internal Market of 1992
Public Financial Procedures - 1996 edition. Section C7: Government Procurement. (Department of Finance)
Comptroller and Auditor General: Value for Money Examinations
Procurement in Universities - Nov 1996
Consultancies in the Civil Service - March 1998

Building works contracts

Regulations issued in May 2003. Copy available on request. (Note it is part of Teagasc procedure to place tenders on the Dept. of Finance eTenders website – www.eTenders.gov.ie
Guidelines for the Appraisal and Management of Capital Expenditure Proposals in the Public Sector - July 1994. (Department of Finance)
An Outline of Government Contracts Procedures - July 1986. (Department of Finance)
Public Financial Procedures - 1996 edition. Section D3: capital project appraisal. (Department of Finance)

Insurance

Legislation governing employers and public liability, motor and other insurances
Various EU directives and regulations, including procurement directives
Public Financial Procedures - 1996 edition. Section C8.8: insurances. (Department of Finance)

Property Administration

The Agriculture (Research, Training and Advice) Act, 1988
Various Acts relating to property purchase and sale and necessary procedural requirements
Landlord and Tenant and various Rent Acts
Tenancy agreements

Education/Training

Memorandum on Implementation of FETAC
Certificate in Agriculture Level 5 and Level 6
Memorandum on Implementation of FETAC
Certificate in Agriculture Level 5 and Level 6 - Mature Students Only
Memorandum on Implementation of FETAC
Certificate in Horticulture Level 5 and Level 6

Agricultural and Rural Research and Development

Procedural Manual for Programme Development, Monitoring, Evaluation, Budgeting and Costing.

Appendix I : Frequently Asked Questions

If you cannot find the answer to your question here, or if you require further information, please contact:

The Freedom of Information Officer
Teagasc
Mellows Development Centre
Athenry
Co. Galway

Phone: 091 845200
Fax: 091 845830

What is FOI?
A law designed to increase openness and accountability in the public service. It applies to most public bodies in the Republic of Ireland.
The 1997 Act was amended by the Freedom of Information (amendment) Act 2003

How does it affect me?
From the date on which Teagasc came under the Act, i.e. 1 November 2002, anyone has had the right to:-

access records held by Teagasc
have inaccurate/incomplete information on their personal records corrected
obtain reasons for decisions affecting him/her

Which records?
Information held in any medium (e.g. written/printed, audio, video, computer disk).

Any Time Limits?
Access to personal records is available to Teagasc staff if recorded after 21 April 1995, and to members of the public irrespective of date recorded.
All other (i.e. non-personal) records created after 21 April 1998 are covered by the Act.
Reasons for decisions made from 1 November 2002 onwards must be made available, on request, under the Act.

Main Exceptions?

Personal records relating to someone other than the requester
Material already available, or due to be published within 12 weeks
Commercially sensitive information and research in progress

What is in a "personal" record?
Information about an identifiable individual that would ordinarily be known only to family and friends, or that is held on the understanding that it will be treated as confidential.

How does an FOI Enquiry work?

You send a written request, mentioning the FOI Act, along with sufficient particulars to enable the records sought to be identified.Your request must be acknowledged within two weeks.

The FOI Officer examines the request, then assigns it to a colleague to whom the Director has delegated the functions of FOI Decision Maker. The FOI Officer sends a letter of acknowledgement and then monitors progress on dealing with your request.

The FOI Decision Maker's decision (to grant, partly grant or refuse the request, or propose an extension of time to comply) must be notified to you within four weeks of receiving a valid enquiry under the Act.

If you are dissatisfied with the response to your request, you can avail of an internal review by a Reviewer, senior to the Decision Maker. If still not satisfied you can appeal to the Information Commissioner and ultimately, on points of law, to the High Court.

Details of records held by Teagasc, how the organisation is structured and how to make an FOI request are contained in our Freedom of Information (Section 15/16) Manual.

Appendix II : List of Authority Members

Mr. Martin Heraghty
Mr. James J. Brett
Ms. Margaret Sweeney
Mr. Eddie Downey
Mr. Joe Fitzgerald
Professor Patrick Fottrell
Mr. Tom Collins
Mr. Frank O Mahony
Ms. Marie Christie
Mr. Padraig Gibbons
Dr. Noel Cawley (Chairman)