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Our Ref: FOI/REQ/06/049

Mr Paul Cullen,
The Irish Times
24-28 Tara Street,
Dublin 2

12 January, 2007

Dear Mr. Cullen,

I refer to the request which you made under the Freedom of Information Acts 1997
and 2003 for records held by this Department in which you requested a copy of all
documents held by Irish Aid/Department of Foreign Affairs in relation to the
administration of Self Help Development International since 1 January, 2006.

In response to your request, I have decided to grant your request as to some records
and to refuse it as to others. The purpose of this letter is to explain that decision. This
explanation has the following parts:

1. a schedule of all of the records covered by your request;


2. an explanation of the relevant findings concerning the records to which
access is denied and
3. a statement of how you can appeal this decision should you wish to do so.

1. Schedule of Records
A schedule listing the 103 records that I consider relevant to your request is annexed
to this letter. The schedule describes each record and where relevant refers to the
sections of the FOI Acts which prevent release. Further details of the sections of the
Act referred to in this reply can be found at www.foi.gov.ie.

2. Findings, particulars and reasons for decision to deny access


In that schedule attached you will note that I have decided to grant your request with
respect of 17 of the records requested and not to grant your request with respect of 86
records. The Sections under the Acts under which I am refusing access to the
requested records are set out in the attached schedule.

Functions and Negotiations of Public Bodies (Section 21)


It has been the policy of successive Irish Governments to work closely with Non-
Governmental Organisations (NGOs) and civil society organisations, and in particular
with the Irish-based NGOs. To ensure that Irish Aid can continue to effectively
manage the Government’s official programme of assistance to developing countries it
is essential that we maintain and continue to enhance our existing relationships with
NGOs.

Section 21 (1) (b) allows public bodies to refuse access to records if release would
have a significant adverse effect on the performance of functions relating to
management, including the management of personnel and resources

Records refused under Section 21 (1) b are outlined in the attached schedule. Release
of records refused under this Section in the schedule could impact detrimentally on
Irish Aid’s relationship with SHDI and other NGOs and therefore on this
Department’s ability to effectively manage the aid programme.

Commercially Sensitive Information (Section 27)


Section 27 (1) b of the FOI Acts allows a public body to exempt access to information
that could reasonably result in a financial loss or gain or could prejudice the
organisations concerned in the conduct of their business and result in a material
financial loss.

Information Obtained in Confidence (Section 26)


Section 26 (1) (a) provides that information shall be exempt if the records concerned
contain (i) information given in confidence and on the understanding that the
information would be kept confidential, (ii) disclosure of the information would be
likely to prejudice the provision of further similar information in the future, and (iii)
that it is important that such further similar information should continue to be provided.

In order to continue to manage the official aid programme, we need access to full and
frank discussions with external parties. It is vital, therefore, that the Department does
not jeopardise the flow of this information in the future. Release of records listed in
the attached schedule as being refused under this Section would break this
undertaking of confidence.

Fees
Government Departments are obliged under the Freedom of Information Acts to seek
fees for processing FOI requests for non-personal information. Charges are payable
for the time spent searching and retrieving records and for photocopying records. The
charge for the processing of this request is €50.79 (€20.95 per hour x 2.5 hours)

You are requested to please forward the fee for this service by cheque or postal order
made payable to the Secretary General, Department of Foreign Affairs.

Rights of Appeal
Should you wish to appeal this decision, you may do so by writing to the Freedom of
Information Unit, Department of Foreign Affairs, 80 St Stephen’s Green, Dublin 2. In
making an appeal, please quote the above reference number and enclose a cheque or
postal order for €75 made payable to the Secretary General, Department of Foreign
Affairs.

You should make your appeal within 4 weeks from the date of this notification.
However, the making of 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 the staff of this Department.

Yours sincerely

Áine Doody,
Assistant Principal Officer
Department of Foreign Affairs

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