Following the implementation of new payment regulations, the Arts Council will no longer accept cheque payments from organisations/businesses from 19 September 2014. Payments must now be made directly to the Arts Council by electronic transfer. Bank details are available here. Please note this does not apply to individuals.

Under the provisions of the Freedom of Information Act 2014 and of the relevant regulations, the fee structure has been reviewed and changes made. Fees are not payable on submission of a request however there are fees in relation to submitting an internal review and submitting an appeal to the Office of the Information Commissioner. Fees also apply to search and retreival of information and to the cost of copying records. In certain circumstances, reduced fees may apply.

Details of when payment is necessary, and the rates of payment, are set out below:

Search and retrieval

Fees may apply in respect of the search and retrieval and/or copying of records which are the subject of an FOI request. Generally no fee will apply if the records being sought contain only personal information, unless a significant number of records are involved.

Search and retrieval/copying fees are not sought:

• in cases where the search, retrieval and copying cost is €100 or less

• where the release of the records, the subject of the FOI request, would be of particular assistance to any individual or group seeking to understand an issue of 'National Importance'
• where the cost of collecting the fee is greater than the fee itself

Fees charged

Where these fees are sought the following rates apply:

•  Where the cost is €101 or above, full fees apply;
• There is a cap on the amount of search, retrieval and copying fees that can be charged of €500 (appropriate maximum amount).  This means that even if the processing of a request costs €650, the requester can only be charged €500;
• There is a further upper limit on estimated search, retrieval and copying fees at €700 called the “overall ceiling limit” above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the limit;

Search & retrieval: €20 per hour

Copying of records:

• Photocopy 4c per page
• Floppy Disk 51c
• CD ROM €10
• X-ray €6

The number of hours of search and retrieval time which can be charged by a public body is limited to the number of hours it would take to find the records in a well organised filing system. The charge is only imposed in respect of the physical act of searching.

If the search and retrieval fee is likely to exceed €100 a deposit of at least 20% must be sought by the public body. The requester should be notified of this within 2 weeks of their FOI request and should also be provided with an estimate as to how many hours searching will be required. The body will not begin searching until the deposit paid.

The requester can contact the body to see how the deposit could either be reduced or eliminated e.g. by making their request more specific and therefore reducing the number of records which would need to be searched for. If the request is refused or part granted the deposit will be repaid.

What can the requester appeal?

The deposit sought and the amount of the final fee can be appealed. However, only the fee will be considered, the records, which are the subject of the FOI request, will not be examined where a deposit or final fee is appealed