AQW 6095/16-21 Written question to the Minister of Health

To ask the Minister of Health what processes are in place to ensure the speedy release of a Freedom of Information request in circumstances where the absence of clearance from either her or her Special Adviser has taken the request beyond the statutory deadline for response.

Asked by Stewart Dickson MLA on 25 October 2016

  • Answered
  • Written
  • After due date
Tabled
25 October 2016
Answer due by
9 November 2016
Answered
25 November 201631 days after tabling
Department
Department of Health
Priority question
No

Answer

The Freedom of Information Act 2000 (FOIA) gives rights of public access to information held by public authorities subject to certain exemptions, if applicable.

A Section 36 exemption requires the authority’s ‘qualified person’ to give their ‘reasonable opinion’ that non disclosure is appropriate. The definition of the "qualified person" within the Act is the Minister in charge of that department. Only where section 36 of the FOI Act is being considered, must FOI responses be referred to Minister for consideration and approval before issue.

No FOI requests have been referred to Minister for a reasonable opinion on non disclosure under the terms of a Section 36 exemption in the period from May 2016.

Official sources