Teloten ee lees Tagain eterence AN ROINN GNOTHA/ EACHTRACHA Depariment of Foreign Affairs BAILE ATHA CLIATH 2 Dublin 2 Our Ref: Fol/Req/08/005 Mr Emmet Stagg TD. Chief Whip Dail Eireann Leinster House Dublin 2. 22 February 2008 Dear Deputy I refer to your request under the terms of the Freedom of Information Acts 1997 and 2003, by which you sought access to yw vids held by your Department consisting of or relating to the wabmmision made by the Goverment on the merits of the complaint made ‘eainst it in the International Federation of Human Rights Leagues (IFHR) v- Ireland (Complaint No. 42.2007)”, | have found that 54 records exist which relate to your reaves. It has been decided to refuse your request as to these records. The purpose of this letter is to explain that decision. ‘The above explanation has the following parts: Toon chedule ofall of the records covered by your request; + A statement of the relevant findings, particulars and reasons for the decision to refuse access to these records; and 4, Te statement of how you ean appeal this decision should you wish to do so. 1, Schedule of records ‘The schedule is attached to this letter, It shows the records that this Department considers relevant to your request. It gives a summary and overview of the decision cova wihole. It describes each record and indicates that 260% to the record has been aSfused. Tn each case the schedule refers to the relevant SeetOns of the Freedom of Tnformation Acts 1997 and 2003 which apply to prevent release. 2. Findings, particulars and reasons for decisions to deny toes The records involved in this request relate to a complaint ‘made to the European Creamittee of Social Rights, pursuant to the Protocol to the revised European Social Charter, The relevant complaint, International Federation of Human Rights Leagues(IFHR") v. Ireland (Complaint No. 42.2007), is currently pending before the European Committee of Social Rights. ‘Access to certain records has been denied on more than one ground; these grounds are not mutually exclusive. Records numbered 2-31, 33, 36-42, 46-51, and 53-54 contain matter “relating to the deliberative processes of the public body concerned” and granting the request in respect of these records would be contrary to the public interest. It is in the public interest that the Government be able to present its views properly in international proceedings, through considering and deliberating fully on matters raised by a complaint. Accordingly, access is refused pursuant to section 20, subsection (1) of the Freedom of Information Acts 1997 and 2003. Records numbered 3, 5-9, 11-34, 36-37, 46-51 and 53-54 would be exempt from production in a court on grounds of legal professional privilege. Accordingly access to these records is refused pursuant to section 22, subsection 1(a) of the Freedom of Information Acts 1997 and 2003. Records numbered 2, 7-8, 10, 15-16, 18-19, 25, 28, 34, 43, 49, 51 and 54 are refused on the basis that they contain a “communication between a Minister of the Government and a diplomatic mission or consular post of the State”, pursuant to section 24, subsection 2(c) of the 1997 Acts 1997 and 2003. Records numbered 1(i), 32(i), 35, 38-42, 43(]), 44-45 and 52(j) are refused on the basis that they relate to information communicated in confidence to an international organisation or institution or body of the European Union, or that they relate to negotiations between the State and such an organisation. Accordingly access to these records is refused pursuant to section 24 subsection 2(e) of the Freedom of Information Acts 1997 and 2003. Records numbered 10(ii) and 19(i) are refused on the basis they records “held or created by the Office of the Attorney General”. Pursuant to section 46, subsection 1(b) of the Freedom of Information Act 1997 and 2003, the Act does not apply to such records and accordingly access to these records is refused. Records numbered (ii), 32(i), 43(4), SOG), and 52Gi) consist of copies of the submissions made by Ireland and the IFHR to the European Committee of Social Rights on the merits of the complaint. Under the Rules of Procedure of the European Committee of Social Rights, observations and responses submitted in respect of a complaint are public on transmission to the Committee. As a result, these records are “available for inspection by members of the public” and constitute records to which the Act does not apply. Accordingly, access is refused pursuant to section 46, subsection 2 of the Freedom of Information Acts 1997 and 2003. [In this respect and for your convenience, I note that the Complaint; Observations of Ireland on Admissibility; Response of IFHR on Admissibility; Observations of Ireland on the Merits; and Response of IFHR on the Merits are available for download free of charge at the following address:bhutp://www,coe.int/Ve/human_rights/esc/4_collective_complaints/list_of_collective_e omplaints/CC42index_en.asp#TopOfPage ] 3. Rights of appeal ‘You may appeal this decision, In the event that you wish to make such an appeal, you may do so by writing to the Freedom of Information Unit, Department of Foreign ‘Affairs, 76-78 Harcourt St, Dublin 2. You should make your appeal within 4 weeks from the date of this notification. However making a late appeal may be permitted in appropriate circumstances. The appeal will involve a complete reconsideration of the ‘matter by a more senior member of staff of this Department. An application for appeal should be accompanied by a cheque, bank draft or money order in the amount of €75. ‘Yours sincerely AZ WG Nuala Ni Mhuircheartaigh Legal Division Ph: 01-4082360 Julie Connell FOI Manager Department of Foreign Affairs 76-18 Harcourt Street Dublin 2 Ph: 4082277