X and Department of Justice and Equality (FOI Act 2014)

The Department's decision of 14 July 2016 concerned records held in three Divisions: 'Crime', 'Policing' and 'Prisons and Probation Policy'. The Department released some records and withheld others under sections 15, 29, 31, 32, 35, 37 and 42 of the FOI Act. The applicant sought an internal review of the Department's decision on 22 July 2016. On 7 September 2016, the Department affirmed its original decision and referred specifically to exemptions at sections 15(1)(g), 29(1), 31(1)(a), 31(2)(b), 35 and 37 of the FOI Act.

On 8 September 2016 the applicant sought a review by this Office of the Department's decision.

The Department did not respond to the requests within the statutory time limits, as required by sections 13(1) and 21(4) of the FOI Act. Having made the initial request to the Department in January 2016, and an internal review request shortly after the original decision, it is a matter of concern to me that the entire FOI process from request to internal review decision took eight months for the Department to process.

It was not entirely clear to this Office what specific parts of the decision the applicant wished to have reviewed. In a telephone conversation with the Investigator, the applicant clarified that the application for review concerned further records which the applicant believed may exist and a specific matter about access to information relating to a named counsel appointed to the panel. I note here that both the applicant and the Department confirmed that a decision on a previous, similar FOI request (reference number - 156/163/2013) was made by the Department in April 2014.

Having clarified the scope of the review with the applicant, I have identified one record, to which the Department granted access in part and with which this review is concerned. The record is 'Policing Division' - Category 4 - document 'A', identified in the Department's schedule as record number 76.