Freedom of Information (FOI)

Introduction

The Freedom of Information Acts 1997 and 2003, which will also be referred to as the FOI Acts in this manual, establish new legal rights:-

for each person to access records held by public bodies
for each person to have personal information about him/herself amended where it is inaccurate or incomplete
for each person to obtain reasons for decisions by public bodies affecting him/her.

The Acts assert 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 to privacy of individuals.

The FOI Acts are designed to allow public access to information held by public bodies which is not routinely available through other sources (e.g. via publication or on the Internet). Access to records under the Acts is subject to certain exemptions, involves specific procedures and time limits and may involve charges to the enquirer. Information on these points is given in Section 3.

Teagasc, the Agriculture and Food Development Authority, was established by the Oireachtas under the Agriculture (Research, Training and Advice) Act, 1988. Teagasc provides integrated research, advisory and training services for the agriculture and food industry in Ireland. Its board is appointed by the Minister for Agriculture and Food and has representatives from farming organisations, the food industry, the universities, the Department of Agriculture, Food and Rural Development and Teagasc staff.

This Reference Manual has been prepared and published in accordance with the requirements of Sections 15 and 16 of the FOI Act 1997. Its purpose is to help members of the public in gaining access to official information held by Teagasc, the Agriculture and Food Development Authority. The manual describes the structure and functions of Teagasc, outlines its divisions and departments and indicates the types of record held in each part of the organisation. It explains how information held by Teagasc may be accessed via a request under the Freedom of Information Acts 1997 and 2003. It also shows how routinely available information may be accessed by members of the public.

Teagasc is covered by the Freedom of Information (FOI) Act 1997 since 1 November 2002.

2. Structure and Functions of Teagasc

Structure and Functions of Teagasc

The principal functions of Teagasc are:-

to provide, or procure the provision of, educational, training and advisory services in agriculture,
to obtain and make available to the agricultural industry the scientific and practical information in relation to agriculture required by it, and
to undertake, promote, encourage, assist, co-ordinate, facilitate and review, agricultural research and development (including research and development in relation to food processing and the food processing industry).

The mission statement of Teagasc is:-

To provide the innovation and technology transfer necessary for the sustainable development of agriculture, the food processing industry and rural communities through integrated research, advisory and education and training programmes.

For the purposes of preparing requests under the Freedom of Information Act 1997, the main areas of activity within Teagasc can be summarised as:

Research into Agriculture, Horticulture, Rural Development and Food Processing
Advisory Services to the farming community, and
Training Services for farmers and food processors
Development continuous review of existing goals and processes, formulation and planning of strategy
Administration of the financial, legal and support aspects of all programmes

We are a client-based organisation and we operate in partnership with all sectors of the agriculture and food industry and with rural development agencies. We have developed close alliances with research, advisory and training agencies throughout the world and are continuously seeking to expand our international contacts.

75% of Teagasc's yearly budget comes from the Irish exchequer and EU funding with the balance generated from earned income. 40% of the budget is devoted to research with the remainder split half and half between advisory and training services.

Teagasc employs 1500 staff at 100 locations throughout Ireland.

Research services are provided by 200 research scientists and 300 research technicians at nine dedicated centres
There are 550 advisors and regional specialists located at Regional, County and Local Offices
The 8 colleges and 45 local training/research centres are staffed by college lecturers, technicians and education officers

3. How To Access Information Held By Teagasc

3.1 Routinely Available Information

Teagasc's business is information. Its researchers seek out new facts on Irish food production and processing. Its advisors and teachers disseminate those findings, in the context of a pre-existing body of knowledge and prevailing market conditions, to farmers, other stakeholders in rural society and people involved in the food industry. All of these activities give rise to, and are supported by, a great deal of informational material, most of which is routinely available to the public in the form of leaflets, reports, newsletters, press releases and articles published in journals and/or on the Teagasc website (http:// www.teagasc.ie ).

Material routinely available to the public in this way is not covered by the Freedom of Information Act 1997 so, if you think the information you require is likely to be routinely available, you should enquire first at one of our local offices or contact,

Public Relations and Information Department
Teagasc Headquarters, Oak Park
Carlow

Tel: 059 9170200
Fax: 059 9183498

3.2 Access to Information under the Freedom of Information Acts 1997 and 2003

Under the FOI Acts, everyone is entitled to apply for access to information not otherwise publicly available.

Each person has a legal right to:

access records held by Teagasc
correction of personal information relating to him/herself held by Teagasc where it is inaccurate, incomplete or misleading
be supplied with reasons for decisions made by Teagasc directly affecting him/herself

The following records are covered by the Act:

all records relating to personal information held by Teagasc, irrespective of when created
all other records created since commencement of the Act on 21 April 1998
any records created before commencement of the Act that are necessary to the understanding of a record created after 21 April 1998

3.3 Applying for Information under the FOI Act

Applications must be made in writing to

Freedom of Information Officer
Teagasc
The Development Centre
Mellows Campus
Athenry
Co. Galway

and must specify that the information is sought under the FOI Act. A valid enquiry must also contain sufficient particulars to enable the records sought to be identified.

If you have difficulty in identifying the records which you require the Teagasc Freedom of Information Officer, or another staff member designated by him, will assist you in focusing your enquiry. A standard FOI application form is available from Teagasc on request.

The Freedom of Information Officer is obliged to acknowledge valid requests within two weeks of receipt. Teagasc must normally communicate its decision on each valid request within four weeks of receipt.

3.4 Rights of Review and Appeal

The FOI Acts set out a number of exemptions to protect sensitive information where disclosure may damage key interests of the State or third parties. In cases where Teagasc invokes these provisions to withhold information, the decision may be appealed. Decisions on charges for record retrieval and copying, forms of access offered or deferral of access may also be appealed.

The appeals mechanisms are as follows

(a) Internal Review

This will be carried out by a Teagasc officer at a higher level than the person who made the initial decision. An internal review must be requested within four weeks of the initial decision. It may be sought if you are dissatisfied with the initial response received or if you have not received a reply within four weeks of your application. To apply for an internal review, contact the Teagasc FOI Officer.

(b) Review by the Information Commissioner

An internal review must normally be completed before an appeal may be made to the Information Commissioner. If you are dissatisfied with the outcome of the internal review, or if you have not received a reply to your application for internal review within three weeks, you may appeal the matter to the Information Commissioner at:

Office of the Information Commissioner
18 Lower Leeson Street
Dublin 2.

Application for review by the Commissioner must generally be made within six months of Teagasc's decision. The Commissioner's findings can be appealed to the High Court.

3.5 Fees

The following charges apply in relation to requests for records made to Teagasc under the FOI Acts:

Application Fees

There is no application fee if your request is for personal information only. If your request is for a records containing non-personal information, an application fee of €15 (€10 if you are a medical card holder) must accompany your request.

Search and Retrieval and Copying Fees

Fees may also be applied in respect of the time spent searching and retrieving records that are released to you and in respect of copying of such records. These fees are unlikely to arise if your request is for personal information except where a large volume of records is involved.

Eur20.95 per hour for search and retrieval of records
Eur0.04 per sheet for photocopies
Eur0.51 for a 3.5 inch computer diskette
Eur10.16 for a CD-ROM

Fees, where charged, have to be paid before the information is made available. A deposit may be payable where the total fee is likely to exceed €50.79. In these circumstances Teagasc will, if requested, assist you to amend the request so as, if possible, to reduce or eliminate the fees involved.

Charges may be waived in the following circumstances

where the cost of collecting and accounting for the fee would exceed the fee itself
where the information sought would be of particular assistance to the understanding of an issue of national importance; or
in the case of personal information, where such charges would not be reasonable having regard to the means of the requester

4. Teagasc Divisions/Departments and Records Held

Teagasc is structured in four divisions:

Research
Advisory and Training
Development
Administration

4.1 Research

4.1.1 Summary

Teagasc is the leading organisation in the fields of agriculture and food research in Ireland.

Our annual research portfolio comprises some 300 research projects, carried out by 500 scientific and technical staff in eight research centres.

The key goals of the programme are to provide the scientific, technological and analytical capabilities required in:

Agriculture: To support internationally competitive and environmentally sustainable farm production.

Food Processing: To enable the highest standards of consumer safety, food quality and nutrition to be consistently achieved in existing and new food products.

Biotechnology: To evaluate the risks associated with new GM crops and to produce new fundamental knowledge to increase the efficiency of production of livestock, crops and innovative food products.

Rural Economics: To develop and project the impact of policy and markets on agriculture and the food industries and analyse the dynamics of economic and structural changes in rural areas.

We collaborate extensively with our colleagues in Irish universities and participate extensively in EU Framework Programmes. We have developed bilateral agreements with research organisations in Europe, the USA and New Zealand.

4.1.2 Teagasc's Research Centres are

Ashtown Food Research Centre, Ashtown Dublin 15.
Moorepark Food Research Centre, Fermoy, Co. Cork.
Moorepark Dairy Production Research Centre, Fermoy, Co. Cork.
Grange Beef Research Centre, Dunsany, Co. Meath.
Oak Park Crops Research Centre, Carlow.
Kinsealy Research Centre, Malahide Road, Dublin 17 (Horticulture).
Athenry, Rural Economy Research Centre, Co. Galway.
Athenry Animal Production Research Centre, Co. Galway.
Johnstown Castle Environment Research Centre, Wexford.

4.1.3 Records Held

Teagasc Research Centres maintain records of:

current and completed research projects
purchases of equipment, supplies, services and materials
local staff personnel information

4.2 Advisory and Training

4.2.1 Advisory Services

Teagasc advisory services are in contact with some 80,000 farmers and rural dwellers each year, of which 40,000 avail of our intensive on farm consultancy service. Some 500 advisers and specialists, located at 100 centres throughout Ireland, help farmers maximise profit through applying the latest results from the Teagasc research programme, making full use of the EU and national income support measures and fully utilising all opportunities for on-farm and off-farm development. The current advisory programme priorities are available on the Teagasc website (http://www.teagasc.ie).

The Teagasc advisory service is divided into a Business and Technology Service and a Rural Viability Service.

Advisers in the Rural Viability Service support smaller and increasingly part-time farmers to maximise their income from a combination of efficient farming and direct income supports. This service also advises on the new Opportunities for Farm Families Programme and other investment schemes.

Advisers in the Technology and Business Service deliver the vital technology and financial services to improve farm profits and family income in relation to each of the major enterprises; Dairying, Tillage, Cattle, Sheep, Pigs and Horticulture.

The culture of the advisory service is one which ensures that the adviser gives the advice that is in the best interest of the individual farmer.

Teagasc has evolved a successful range of advisory methods, tailored to the needs of groups and individual clients, which facilitate the transfer of technology and make the best use of resources.

Teagasc works closely with a large number of food processors and co-operatives on joint development programmes with the aim of improving productivity and quality together with providing food safety assurance to consumers.

These programmes ensure that the combined resources of Teagasc and industry are fully utilised in the national interest.

Teagasc advisory services are funded from a national government grant, the National Development Plan 2000-2006 and from client fees. This two-way funding ensures that advisory activities are focused on issues of importance both to individual clients and to the community at large.

Income from client fees currently represents about 30% of the cost of running the advisory services.

Teagasc operates a sophisticated scale of charges whereby the cost of the service increases with the scale of the farm business. In this way smaller farmers are guaranteed access to services at lower rates while larger commercial farmers pay significantly higher charges.

4.2.1.2 Teagasc Advisory Offices are located in every county, as indicated below

4.2.1.3 Records Held

Teagasc Advisory Offices maintain records of:

Client details
purchases of equipment, supplies, services and materials
local staff personnel information

4.2.2 Training

Teagasc provides the full suite of training for the agricultural sector. We offer third level and vocational courses for young people entering careers in agriculture, horticulture, related land based enterprises and the agri-food industry. These courses have undergone a radical overhaul with all courses now nationally accredited and with the opportunity to progress to degree level.

Adult farmers are catered for with a variety of courses in areas such as financial management, opportunities for farm families, computer training and the environment. Rural diversification is represented with courses in forestry, tourism and organics. We provide training for food industry personnel in food safety, quality, process and product development.

We have a resource of over 200 teachers and trainers operating from 8 colleges and an e-learning facility, 45 local training centres and research centres. More than 10,000 people attend Teagasc training courses each year.

4.2.2.1 Agricultural and Horticultural Colleges

Teagasc, Ballyhaise Agricultural College, Ballyhaise, Co.Cavan.
Teagasc, Clonakilty Agricultural College, Darrara, Clonakilty, Co.Cork.
Teagasc, Kildalton Agricultural & Horticultural College, Piltown Co. Kilkenny.
Teagasc, College of Amenity Horticulture, National Botanic Gardens, Glasnevin, Dublin 9.
Teagasc eCollege, Kinsealy, Malahide Road, Dublin 17. ecollege@teagasc.ie
Gurteen Agricultural College, Ballingarry, Roscrea, Co. Tipperary.
Mountbellew Agricultural College, Mountbellew, Co. Galway.
Pallaskenry Agricultural College, Pallaskenry, Co. Limerick.
Warrenstown Salesian Horticultural College, Warrenstown, Drumree, Co. Meath.

4.2.2.2 Records Held

Teagasc Colleges and Training centres maintain records of:

Student details
Classes and programmes
Examination and test results
local staff personnel information
purchases of equipment, supplies, services and materials

4.3 Development

Development comprises the national strategy development and support units for the following functions:

4.3.1 Advisory Services, which deals with and holds records on

Advisory Service Clients' Accounts
Advisory Services strategy
Development planning for the Advisory Service
Reviews of goals and processes

4.3.2 Training Services, which deals with and holds records on

Strategy for development and delivery of Agricultural and Horticultural Training Services
Reviews of training-related goals and processes
Student enrolments, progress and examination results; these include a computerised database relating to younger students - the Education Management Sytem (EMS), and for adult trainees - the Adult Management System (AMS)

4.3.3 Research Development Services, which deals with and holds records on

Planning and review of research projects
Evaluation of the research programme
Programme outputs
Programme inputs
Strategy for development and delivery of research

4.3.4 Public Relations and Information, which deals with and holds records on

Press releases, newsletters and other information dissemination methods
Production of printed material relating to Teagasc's activities
Management of Teagasc's public Internet site
Teagasc's internal library system

4.3.5 Management Services, which deals with and holds records on

Performance evaluation (of Teagasc programmes)
Quality Customer Service
Contracts relating to building work
Plans and designs of existing and proposed buildings
The National Farm Survey
Risk Management
Overseas consultancy

4.4 Administration comprises

4.4.1 Finance Department, which deals with, and holds records on

Bad Debts
Bank reconciliations
Banking correspondence
Construction Industry Tax returns
Farmer Direct Debit database
Finance Leases database
Financial Accounts files
General Ledger
INTRASTAT returns
PAYE/PRSI returns
Payroll
Payroll grants to Private Colleges
Pensions
Prompt Payments Act data
Tax Clearance records
VAT returns
Withholding Tax returns
EU Framework Contracts **
Purchase Ledger **
Receipts and Lodgements **
Sales Ledger **
Travel and Subsistence **
Fixed Assets Register ##

** Many accounting transactions are completed at Teagasc locations and records are retained locally.

## Since 2002, each Teagasc location maintains records of its assets.

4.4.2 Human Resources Department, which deals with, and holds records on

Transfer Requests and Opportunities
External (Open Competitions) Recruitment in Teagasc
Performance Reports
Leave
Career Breaks
Pay Rates and Conditions
Pension
Planning for Retirement
Equal Opportunities in Teagasc
Bullying/Intimidation and Harassment
Rules for Email and Internet Use from within Teagasc
Infringements/Disciplinary Procedures
Meetings of Regional Participation For a Performance Management and Development System (PMDS)
Promotions
Relevant personal details of staff members

4.4.3 Corporate Affairs Department, which deals with, and holds records on

Code of Practice for the Governance of State Bodies
Purchasing and Procurement
Authority Meetings
Legal Issues
Insurance
Programme Measurement in Teagasc
Health and Safety Issues
Reports from the Comptroller and Auditor General

4.4.4 The Information Technology (I.T.) Services Unit, which deals with, and holds records on

Planning and Operation of Headquarters Computer Systems and Telecommunications
Network
Data Back-up and I.T. Security Issues
Design and implementation of computer-based systems

4.4.5 The Staff Development Unit, which deals with, and holds records on

Formulation and implementation of staff training policy
Best practice checklists
Health and safety information
Induction training
I.T. training
Management development training
Newsletters and other promotional material
Safety training
Staff Development Fund records
Third level opportunities
Training opportunities
Training policy for different staff categories
Training delivery records
Walsh Fellows training

4.4.6 The Freedom of Information (FOI) Unit, which deals with, and holds records on

Compliance with the Freedom of Information (FOI) Act 1997
Requests under the FOI Act

5. Section 16: Acts, Regulations, Procedures Governing Teagasc Decisions

Authority

The Agriculture (Research, Training and Advice) Act, 1988
State Bodies Guidelines - March 1992 (Department of Finance)
Code of Practice for the Governance of State Bodies - October 2001 (Department of Finance) includes requirement for Code of Conduct, reserved functions and other matters
Ethics in Public Office Acts, 1995 and 2001

Purchasing

Regulations issued in May 2003 (available on request)
Sale of Goods Act, 1893 and Sale of Goods and Supply of Services Act, 1980
Consumer Information Act, 1978
Code of Practice for the Governance of State Bodies - October 2001
Government e-tenders/public procurement procedures
Various EU Directives concerning procurement
Public Procurement 1994 (Government of Ireland)
Engaging Management Consultants - A Code of Practice for the Civil Service 1995 (Department of Finance)
Engaging Consultants - Guidelines for the Civil Service 1999 (Department of Finance)
Guide to public procurement in Ireland, North/South - 1991. Coras Tractala
Public Buyer Guide. Kieran McCourt, IIPMM and Bord Tractala. 1996
Public Sector Purchasing in the Internal Market of 1992
Public Financial Procedures - 1996 edition. Section C7: Government Procurement. (Department of Finance)
Comptroller and Auditor General: Value for Money Examinations
Procurement in Universities - Nov 1996
Consultancies in the Civil Service - March 1998

Building works contracts

Regulations issued in May 2003. Copy available on request. (Note it is part of Teagasc procedure to place tenders on the Dept. of Finance eTenders website – http://www.eTenders.gov.ie
Guidelines for the Appraisal and Management of Capital Expenditure Proposals in the Public Sector - July 1994. (Department of Finance)
An Outline of Government Contracts Procedures - July 1986. (Department of Finance)
Public Financial Procedures - 1996 edition. Section D3: capital project appraisal. (Department of Finance)

Insurance

Legislation governing employers and public liability, motor and other insurances
Various EU directives and regulations, including procurement directives
Public Financial Procedures - 1996 edition. Section C8.8: insurances. (Department of Finance)

Property Administration

The Agriculture (Research, Training and Advice) Act, 1988
Various Acts relating to property purchase and sale and necessary procedural requirements
Landlord and Tenant and various Rent Acts
Tenancy agreements

Education/Training

Memorandum on Implementation of FETAC
Vocational Certificate in Agriculture Level 2 and Level 3
Memorandum on Implementation of FETAC
Vocational Certificate in Agriculture Level 2 and Level 3 - Mature Students Only
Memorandum on Implementation of FETAC
Vocational Certificate in Horticulture Level 2 and Level 3

Agricultural and Rural Research and Development

Procedural Manual for Programme Development, Monitoring, Evaluation, Budgeting and Costing.

Appendix I : Frequently Asked Questions

If you cannot find the answer to your question here, or if you require further information, please contact:

The Freedom of Information Officer
Teagasc
The Development Centre
Mellows Campus
Athenry
Co. Galway

Phone: 091 845200
Fax: 091 844296

What does the Freedom of Information Act 1997 (FOI) mean?

The FOI gives everyone legal rights to access information held by public bodies that is not routinely available by other means.

What information is covered by FOI?

The main categories are:

official records created after 21 April 1998.
personal records (accessible by those to whom the records apply and subject to correction/updating by request where information is incomplete, incorrect or misleading).
reasons for decisions affecting the enquirer taken by a public body.

How do I access information under FOI?

Requests for information must be made in writing to Teagasc. The request must mention FOI and contain enough particulars for the records sought to be identified.

If you cannot be sufficiently specific, the Teagasc FOI Officer will offer assistance in focusing your enquiry. Teagasc is obliged to acknowledge all valid FOI requests within two weeks of receipt and an applicant will normally be notified of the decision on a request within four weeks of its receipt.

Can my request for information be refused?

The FOI Act aims to promote transparency in public administration and the spirit of this legislation favours disclosure. However, there are some conditions under which a public body may, or must, refuse a request for information. These exemption conditions include:

confidential and commercially sensitive information, including research in progress
personal information relating to someone other than the person making the request
decisions made before the body concerned was brought under the Act (in Teagasc's case, this means prior to 1 November 2002).

What if I am dissatisfied with a decision on my FOI request?

You can have a decision re-examined by a more senior member of staff within Teagasc.

Applications for review of a decision should be addressed to:

The Freedom of Information Officer
Teagasc
The Development Centre
Mellows Campus
Athenry
Co. Galway.

If, following the involvement of a senior internal Reviewer, you are still unhappy with the decision, you have the right to appeal Teagasc's decision to the Information Commissioner, at the following address:

Office of the Information Commissioner
18 Lower Mount Street
Dublin 2.

What are the FOI Acts?

The FOI Act 1997 and the FOI (Amendment) Act 2003 are cited together as the FOI Acts 1997 and 2003.

Will I be charged for requests under the FOI Act?

There is no application fee if your request is for personal information only. Charges may be applied for the time spent searching for and retrieving records and for any copying costs incurred by Teagasc in meeting your request. It is unlikely that these fees will be charged in respect of personal records, except where a large number of records is involved.

Can I get help when making a request?

Yes. If you need assistance, Teagasc will be happy to assist you in formulating your request. For help in this regard, please contact:

The Freedom of Information Officer
Teagasc
The Development Centre
Mellows Campus
Athenry
Co. Galway.

Phone: 091 845200
Fax: 091 844296

Appendix II : List of Authority Members

Mr. James Beecher
Mr. Jerry Henchy
Mr. Ruaidhri Deasy
Mr. Patrick Kelly
Professor Patrick Fottrell
Mr. James J. Brett
Ms. Anna May McHugh
Mr. Michael O'Dwyer
Mr. Stphen Flynn
Mr. Joe Fitzgerald
Dr. Tom O'Dwyer (Chairman)