FOI 2014 section 10 - what does it say?

mstq

Hi guys. I've been checking out various information laws lately and I'm interested as to what section 10 of the FOI act actually means.

Here's what the section reads:

10. (1) The head of an FOI body shall, on application to him or her in that behalf, in writing or in such other form as may be determined, by a person who is affected by an act of the body and has a material interest in a matter affected by the act or to which it relates, not later than 4 weeks after the receipt of the application, cause a statement, in writing or in such other form as may be determined, to be given to the person—

Here's what the definition of act is:

act”, in relation to an FOI body, includes a decision (other than a decision under this Act) of the body;

“act of an FOI body” means any act taken on or after the effective date by the FOI body concerned;

So can anyone, kindly, explain to me like I'm five as to what exactly does this section permit a person to do.
Would I be wrong, to think that an "act" is any action undertaken by a body and this section would allow you to seek a statement explaining reasons for this action if you were affected by it? Am I right or am I wrong?

:ninjaedit:
So say I'm just crossing a road on a zebra crossing while there's red on. A wild gardai appears and arrests me. Could I get a statement from the Garda Siochana explaining as to why I was arrested under this section?

MarkAnthony

The light flashes orange on a Zebra crossing. :pac:

Carawaystick

Are the garda a FOI body?

ohnonotgmail

Carawaystick wrote: »

Are the garda a FOI body?

for a very set of information from 9 days ago apparently.

http://www.garda.ie/Controller.aspx?Page=9372&Lang=1

they are exempt from FOI requests for anything operational.

ohnonotgmail

mstq wrote: »

Hi guys. I've been checking out various information laws lately and I'm interested as to what section 10 of the FOI act actually means.

Here's what the section reads:


Here's what the definition of act is:


So can anyone, kindly, explain to me like I'm five as to what exactly does this section permit a person to do.
Would I be wrong, to think that an "act" is any action undertaken by a body and this section would allow you to seek a statement explaining reasons for this action if you were affected by it? Am I right or am I wrong?

:ninjaedit:
So say I'm just crossing a road on a zebra crossing while there's red on. A wild gardai appears and arrests me. Could I get a statement from the Garda Siochana explaining as to why I was arrested under this section?

No. the FOI act would not apply.

Victor

You can only POI documents that exist (already). You can't use it to make someone create a document

If you are arrested, you should receive paperwork explaining what you have been arrested for. Initially, this might not include a written statement from the arresting garda, but if it goes to court, you should receive a statement in advance

mstq wrote: »

So can anyone, kindly, explain to me like I'm five as to what exactly does this section permit a person to do. Would I be wrong, to think that an "act" is any action undertaken by a body and this section would allow you to seek a statement explaining reasons for this action if you were affected by it? Am I right or am I wrong?

I think what the act is saying is that if you write to an FOI body, they have to respond (the statement) within the stated time period.

ExMachina

Victor wrote: »

You can only POI documents that exist (already). You can't use it to make someone create a document

If you are arrested, you should receive paperwork explaining what you have been arrested for. Initially, this might not include a written statement from the arresting garda, but if it goes to court, you should receive a statement in advance



I think what the act is saying is that if you write to an FOI body, they have to respond (the statement) within the stated time period.

i don't think so. it is saying that if a body took a course of action that affected you you have the right to know why they did it. Best way to find out is to make and foi request. if not happy appeal. if not happy still appeal to information comm and let them decide if the body is obeying the act