K Solicitors and National Asset Management Agency (FOI Act 2014)

Re: Application for review under the Freedom of Information Act 2014 (the FOI Act)

I am writing to inform you that I have decided to discontinue my review of your application under the Freedom of Information Act 2014 (the FOI Act) for a review of the National Asset Management Agency's (NAMA) decision on your FOI request of 29 June 2015, in which you sought access to the following:

[the original request sought access to six categories of records, all concerning any engagement NAMA may have had in relation to the planning process and related matters for a particular development]

In this case, while the volume of withheld information is a key factor, a number of other factors, as set out in our letter of 11 November 2016, are also relevant including the nature of the information concerned, the number of exemptions claimed by NAMA, the need to establish the identity and status of the parties to the records and the likely need to notify and invite submissions from potentially affected third parties.

The invitation to reduce the scope of your request was not an attempt to deny you your rights under the legislation. Rather, it was made in an effort to help you continue to exercise your rights. I note that you did agree to narrow your request such as to exclude part 4, which had been refused by NAMA on the basis that it did not hold such records. The fact is that this would have no impact on the number of records known to be held that fall to be considered. I reject your assertion that invoking section 22(9) does not represent a fair approach by my Office.