Freedom of Information Act, 1997
Contents
Section 15 Reference Book
- Preamble
- Description and functions
- Mission statement
- Structure and organisation
- How to get information within the Chester Beatty Library
5.1 Applications under the Freedom of Information Act
5.2 Rights of review and appeal
5.3 Internal review
5.4 Review by the Information Commissioner
- Fees
6.1 Requests for records
6.2 Internal review
6.3 Review by Information Commissioner
- Structural breakdown
- Preamble
- FOI requests
- Procedures for handling customer complaints
3.1 What is a complaint?
3.2 If a complaint arises
- Contracts for services and supplies
- Payment of accounts
Section 15
1. Preamble
The Freedom of Information (FOI) Act establishes three new statutory rights:
- a legal right for each person to access information held by public bodies;
- a legal right for each person to have official information relating to him/herself amended where it is incomplete, incorrect or misleading;
- a legal right to obtain reasons for decisions affecting oneself;
The Act asserts the right of members of the public to obtain access to official information to the greatest extent possible consistent with the public interest and the right of privacy of individuals.
This manual is prepared in accordance with publication requirements set out in Section 15 of the Act.
Routinely available information
The Chester Beatty Library (CBL) currently makes information routinely available to the public in relation to its functions and activities. Such information will continue to be available informally without the need to use the FOI Act. This manual highlights, in relation to each of the Library's activities, where information of this nature is available.
The FOI Act is designed to allow public access to information held by public bodies, which is NOT routinely available through other sources. Access to information under the Act is subject to certain exemptions and involves specific procedures and time limits. This manual provides a guide to the structure of the CBL so as to help you access information under the FOI Act.
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2. Description and Functions
The CBL is a public charitable trust established under the will of the late Sir Alfred Chester Beatty, which was granted probate in 1969. The Library is in the ownership of a Board of Trustees who hold it for the use and benefit of the public.
As a charitable institution the Library is responsible directly to the Commissioners of Charitable Donations and Bequests and comes under the aegis of the Attorney General, in his role as protector of charities.
The Library is over 90 per cent funded by a grant-in-aid from the Department of Arts, Sport and Tourism.
The Library is governed by a Board of Trustees appointed under the terms of the will of Sir Alfred Chester Beatty as modified by an order of the High Court of 16 December 1997. The new arrangements for service of trustees, appointment of ministerial nominees to the Board of Trustees and of a new location for the library were approved by the Court in accordance with an agreement made between the Trustees and Government in 1996 and are now in operation.
The role of the Library is to protect, preserve and make available to the public in the form of exhibitions, popular publications, lectures and other events the heritage enshrined in the collections of the late Chester Beatty and to provide the world of scholarship access to the internationally important resource. As a body relying principally on public funding, the Trust is obliged to pay particular attention to the needs of the general public and of the Irish public in particular.
The mandate of the Library might be narrowly defined as care and custody of the collection and benefiting the public in modest and indirect ways.
This, however, would be contrary to the spirit of the founder and to the need to reflect the vital public contribution to the Library's future. The mandate of the Library encompasses all those things which it may do to add to the public value of the collections by way of exhibition, education, promoting pride in the collections and understanding between cultures and traditions represented in them.
The purpose of the Library, having regard to its duty of care, is therefore to contribute new value to the cultural life of Ireland at home and in its relations with peoples and cultures everywhere.
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Mission Statement
To maintain and preserve the collections of the Library and to make them available in the most appropriate ways for the use and enjoyment of the public and for scholarly study and research, in order to promote a wider appreciation and understanding of the international cultural heritage embodied in the collections and to foster relations between Ireland and the peoples whose cultures are represented in the collections.
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Structure and Organisation
Please see 'Structure and Organisation' on the FOI home page.
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How to get information within the CBL
5.1 Applications under the FOI Act
Under the FOI Act, anyone is entitled to apply for access to information not otherwise publicly available. Each person has a right to:
- access to records held by the CBL;
- correction of personal information relating to oneself held by the Library where it is inaccurate, incomplete or misleading;
- access to reasons for decisions made by the Library directly affecting oneself, with effect from 1 June 2002.
The following records come within the scope of the Act:
- all records relating to personal information held by the Library irrespective of when created;
- all other records created from 21 April 1998;
- any other records necessary to the understanding of a current record;
- personnel records of serving staff created from 21 April 1995 and those created prior to that date where being used or proposed to be used in a way which adversely affects or may affect the person involved.
The Library is obliged to respond to the request within four weeks.
Applications for information under the FOI Act should be addressed to:
Ms Celine Ward,
FOI Officer,
The Chester Beatty Library,
Dublin Castle,
Dublin 2.
Tel: 01 4070757
Fax: 01 4070760
E-mail: foi@cbl.ie
Applications should be in writing and should indicate that the information is being sought under the FOI Act.
If information is desired in a particular form, e.g., photocopy, computer disk, personal viewing, etc., this should be mentioned in your application.
Please give as much information as possible to enable the staff of the Library to identify the record.
Please include a daytime telephone number to enable our staff dealing with your application to contact you should any clarification be required in relation to your request.
If you have difficulty in identifying the precise records which you require, the staff of the Library will be happy to assist you in preparing your request.
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5.2 Rights of review and appeal
The Act sets out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or of third parties. Where the Library invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access, etc., may also be the subject of appeal. Details of the appeals mechanisms are as follows.
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5.3 Internal review
You may seek internal review of the initial decision, which will be carried out by an official at a higher level if:
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you are dissatisfied with the initial response received, i.e., refusal of information, form of access, charges, etc.;
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you have not received a reply within four weeks of your initial application (this is deemed to be a refusal of your request and allows you to proceed to internal review);
Request for internal review should be submitted in writing to:
Ms Celine Ward,
FOI Officer,
The Chester Beatty Library,
Dublin Castle,
Dublin 2.
Tel: 01 4070757
Fax: 01 4070760
E-mail: foi@cbl.ie.
Such a request for internal review must be submitted within four weeks of the initial decision.
The Library must complete the review within three weeks.
Internal review must normally be completed before an appeal may be made to the Information Commissioner.
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5.4 Review by the Information Commissioner
Following completion of internal review, you may seek independent review of the decision from the Information Commissioner. Also, if you have not received a reply to your application for internal review within three weeks, this is deemed to be a refusal and you may appeal the matter to the Commissioner.
Appeals in writing may be made directly to the Information Commissioner at the following address:
Office of the Information Commissioner, 18 Lower Leeson Street, Dublin 2
Tel: 01 6785222
Fax: 01 6610570
E-mail: ombudsman@ombudsman.irlgov.ie
An index to previous decisions of the Information Commissioner is available at www.irlgov.ie/oic
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6. Fees
The following fees will apply to FOI requests under Section 7 of the FOI Act (requests for access to records) and applications under Section 14 (internal review) and Section 34 (review by Information Commissioner) received on or after 7 July 2003:
6.1 Requests for records
A reduced fee of €10 applies if the person making such a request is covered by a medical card.
The following requests/applications are exempt:
(a) A request under Section 7 for a record or records containing only personal information related to the requester.
(b) An application under Section 17 (right of amendment of records relating to personal information).
(c) An application under Section 18 (right of person to information regarding acts of pubic bodies affecting the person).
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6.2 Internal review
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A standard fee of €75 must accompany an application for internal review under Section 14.
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A reduced fee of €25 applies if the person bringing the application is a medical-card holder or a dependant of a medical-card holder.
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The following internal review applications are exempt:
(a) An application in relation to a decision concerning records containing only personal information related to the applicant.
(b) An application in relation a decision under Section 17 (right of amendment of records relating to personal information).
(c) An application in relation to a decision under Section 18 (right of person to information regarding acts of pubic bodies affecting the person).
(d) An application in relation to a decision to charge a fee or deposit, or a fee or deposit of a particular amount.
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6.3 Review by Information Commissioner
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A standard fee of €150 must accompany applications to the Information Commissioner for review of decisions made by public bodies under Section 34.
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A reduced fee of €50 applies if:
(a) the person bringing the application is a medical-card holder or a dependant of a medical-card holder;
(b) the person is specified in Section 29(2), i.e., a third-party with the right to apply directly to the Information Commissioner where a public body decides to release their information on public interest grounds.
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The following applications to the Information Commissioner are exempt:
(a) An application concerning records containing only personal information related to the applicant.
(b) An application in relation a decision under Section 17 (right of amendment of records relating to personal information).
(c) An application in relation to a decision under Section 18 (right of person to information regarding acts of pubic bodies affecting the person).
(d) An application in relation to a decision to charge a fee or deposit exceeding €25 under Section 47 in respect of search and retrieval and photocopying of records (decisions in relation to the charging of fees or deposits for search and retrieval and/or photocopying of less than €25 are not subject to review by the Information Commissioner).
(e) An application in relation to a decision to charge a fee under Section 47(6A), or a fee of a particular amount under Section 47(6A), on the grounds that the records concerned do not contain only personal information related to the requester or the requester is not a medical card holder or a dependant of a medical card holder.
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Fees may be charged as follows:
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In respect of personal records, fees in respect of the cost of copying records requested will not apply, save where a large number of records are involved.
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In respect of other (non-personal) information, fees may be charged in respect of the time in efficiently locating and copying records (currently €20.95 per hour and €0.04 per copy). No charges may apply in respect of time spent by public bodies in considering requests.
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€0.51 for a 3.5 inch computer diskette containing copy documents.
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€10.16 for a CD-ROM containing copy documents.
A deposit may be payable where the total fee is estimated to exceed €50.79. In these circumstances, the public body must, if requested, assist the member of the public to amend the request so as to reduce or eliminate the amount of the deposit.
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Charges may be waived in the following circumstances:
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where the cost of collecting and accounting for the fee would exceed the amount of the fee;
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where the information would be of particular assistance to the understanding of an issue of national importance; or,
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in the case of personal information, where such charges would not be reasonable having regard to the means of the requester.
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7. Strucutral Breakdown
Information on staff activities is available in the Library's Annual Report. Files are logged in a computer database under the following categories and held in a central file registry:
In addition, the following files are held:
Director
Role: The Director's main duties are to act as chief executive officer, chief curator, librarian and secretary to the trustees. The Director is responsible for the day-to-day management of the library, its financial affairs, security, public relations and development, and for the care and maintenance of the collections of the library, assisted by the curators, technical and security staff. The Director advises the Trustees on the conduct of the business of the Library and reports regularly to them on its operations. The Director develops policy proposals for the management of the business of the Library and represents the Library publicly at home and abroad.
Director's office: The Director is assisted in the management of his office by Ms June Lattimore.
Records held:
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correspondence
-
auditor's reports
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meeting minutes.
Finance Manager
Role: The Finance Manager is responsible for the provision of financial information as required by the Director and Trustees. In addition, the Finance Manager is responsible for the payment of accounts, preparation of the annual budget, and monthly payroll. Summary accounts for the year 2000 are available in the Library's Annual Report and Accounts.
Records held:
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correspondence
-
employee data forms
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invoices
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relocation costs
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salary information.
Operations Manager
Role: The Operations Manager assists the Director in the following areas:
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personnel and administration including industrial relations;
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human-resource management;
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co-ordination of the use of the library premises;
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oversight of commercial activities;
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office management;
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compliance with relevant legislation on employment, health and safety;
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marketing
Records held:
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contracts
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correspondence
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personnel files.
Events Co-ordinator
Role: The Events Co-ordinator manages and organises events, functions and receptions at the Library. This involves liaising with clients, caterers, relevant CBL security and administrative staff, putting in place all plans for the event, overseeing all preparations and normally being present while the event is taking place.
Records held:
Shop Manager
Role: The Shop Manager is responsible for the operation of the library shop, selling products relevant to the collections, including specially commissioned material. Other duties include:
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managing the finances of the shop
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purchasing and controlling stock
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recruiting and managing staff.
Records held:
Rights and Reproductions Assistant
Role: Operates the rights and reproductions service for library material, processing orders, invoices and payments; maintains the photographic archive and slide library and assists in the administration of the library, particularly with the personnel function.
Records held:
Technical Manager
Role: The Technical Manager is responsible for both information technology and conservation/building management matters. In collaboration with other staff members the Technical Manager advises the Board of Trustees on technical development.
The Technical Manager also:
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plans and oversees the research, evaluation and integration of new technology, systems development methodologies, data administration, capacity planning, training and technical support;
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prepares project plans and schedules for technical systems development and support efforts.
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communicates with internal and external customers, as appropriate, in order to ensure the delivery of high-quality service and technical systems development and support.
Records held:
Curators
Role: The Curators assist the Director in the care, maintenance, cataloguing and presentation of the collections, provision of services to scholars and readers, research, education, lecturing and related administrative duties.
Records held:
Reference Librarian
Role: The Reference Librarian manages the reference collections of the Library and maintains public and specialist readers' services, manages the reference library budget and supervises the work of a library assistant and volunteer staff.
Records held:
Education Officer
Role: The Education Officer develops and manages education and outreach activities and provides public information on the Library, as required, including:
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programmes and materials for schools visits, particularly relating them to the curriculum on religion, fine art and other relevant areas;
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lecture programmes, particularly focusing on the collections, interpreting the materials and the cultures/religions represented and relating them to permanent displays and temporary exhibitions.
Records held:
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artists' contracts
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correspondence
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project plans
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statistics
Volunteer Co-ordinator
Role:
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manages continuing volunteer recruitment;
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co-ordinates specialised training in specific areas of assignment and induction for new volunteers;
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schedules continuous education sessions;
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supervises tour guides and visitor services volunteers;
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maintains visitor-services schedules;
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maintains tour-guide schedules and specific training in consultation with the Education Officer;
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manages volunteer evaluations;
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manages staff and volunteer relations;
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ensures application of volunteer policy;
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maintains and updates volunteer reading materials;
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liaises with Education Officer regarding supervision of education volunteers.
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liaises with the Shop Manager regarding supervision and training of shop volunteers.
Records held:
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correspondence
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files relating to workshops
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policy
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volunteer handbook
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volunteer induction pack
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volunteer personnel files
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volunteer training session documentation.
Development Manager
Role: responsible for developing the fund-raising capacity of the Library by researching and supporting the Library in expanding its donor base, seeking sponsorships for specific projects and researching and drafting applications to foundations for support for the Library's work.
Records held:
Conservator
Role: carries out conservation surveys of material in the collections, conducts work of conservation, manages conservation contracts of tasks outsourced, examines and reports on material intended for loan to ensure fitness to travel, examines and validates conservation-condition reports of inward loans. The conservator also supervises the manufacture of mounts and boxes for exhibition material, sources training for non-conservation staff and advises on conditions of care for the collections.
Records held:
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correspondence
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condition reports
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treatment reports
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survey records
Section 16
1. Preamble
Under Section 16 of the FOI Act, 1997, all public bodies are required to publish and make available to the public:
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'The rules, procedures, practices, guidelines and interpretations used by the body, and an index of any precedents kept by the body, for the purposes of decisions, determinations or recommendations under or for the purposes of any enactment or scheme administered by the body with respect to rights, privileges, obligations, penalties or other sanctions to which members of the public are or may be entitled or subject under the enactment or scheme', and
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'Appropriate information in relation to the manner or intended manner of administration of any such enactment or scheme.'
This Reference Book details the rules, practices, etc., of the CBL in relation to any enactments or schemes to which Section 16 of the Act applies.
A guide to the Library's functions and information held by the Library has been separately published as Freedom of Information Act, 2001-Section 15 Reference Book: Functions and Records of The Chester Beatty Library (see above).
or on application to
Celine Ward,
FOI Officer,
The Chester Beatty Library,
Dublin Castle,
Dublin 2
Tel: 01 4070757
Fax: 01 4070760
E-mail: foi@cbl.ie
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2. FOI Requests
Under the FOI Act, anyone is entitled to apply for access to information not otherwise publicly available. Each person has a right to:
-
access to records held by the CBL;
-
correction of personal information relating to oneself held by the Library where it is inaccurate, incomplete or misleading;
-
access to reasons for decisions made by the Library directly affecting oneself.
The following records come within the scope of the Act:
-
all records relating to personal information held by the Library irrespective of when created;
-
all other records created from commencement date 21 April 1998;
-
all other records necessary to the understanding of a current record.
The CBL will comply fully with the provisions of the FOI Act, 1997.
All FOI requests (and requests for internal review of FOI request decisions) will be co-ordinated by the FOI Officer. In processing FOI requests, the Library will follow guidelines set out in the Library's FOI Manual. For further information, contact:
Celine Ward,
FOI Officer,
Chester Beatty Library,
Dublin Castle,
Dublin 2
Tel: 01 4070757
Fax: 01 4070760
E-mail : foi@cbl.ie
Note: the CBL is obliged to respond to the request within four weeks.
Applications should be in writing and should indicate that the information is being sought under the FOI Act.
If information is desired in a particular form, i.e., photocopy, computer disk, etc., this should be mentioned in your application. Please give as much information as possible to enable the staff of the Library to identify the record.
If you have difficulty in identifying the precise records that you require, the staff of the Library will be happy to assist you in preparing your request.
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3. Procedures for Handling Customer Complaints
3.1 What is a complaint?
The Ombudsman's Guide to Internal Complaints Systems states that, as a working definition, a complaint might exist where 'a decision or action is taken which relates to the provision of a service or the performance of a function which, it is claimed, is not in accordance with the rules, practice or policy of the organisation or the generally accepted principles of equity and good administrative practice, and which adversely affects the person concerned'.
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3.2 If a complaint arises
Staff will try to resolve complaints quickly and at point of contact. If the matter is not resolved to your satisfaction at local level please write to:
Dr Michael Ryan,
Director,
The Chester Beatty Library,
Dublin Castle,
Dublin 2
The Director will:
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acknowledge receipt of your complaint within five working days advising you of the named officer who will be handling your complaint.
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complete the processing of your complaint within twenty working days. Where it is not possible to meet this target for completion, The CBL will issue interim measures, updating you on progress.
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where the complaint is upheld, apologise to you and try to rectify the situation immediately.
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where your complaint is not upheld, explain our reasons to you and advise you of your right of appeal to the ombudsman.
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4. Contracts for Services and Supplies
The CBL complies fully with the requirements set out in the Department of Finance's publications entitled:
These are available from:
Government Publications Sales Office,
Sun Alliance House,
Molesworth Street,
Dublin 2
and
Government Publications Postal Trade Division,
4/5 Harcourt Road,
Dublin 2.
Fax (01) 478 0645.
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5. Payment of Accounts
The Library complies fully with the requirements of the Prompt Payment of Accounts Act, 1997.
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