AQW 6095/16-21

Mr Stewart Dickson
Alliance Party
East Antrim

Tabled Date: 25/10/2016
Answered On Date: 25/11/2016
Priority Written: No

Question:
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.

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.