Our Ref: FoI/Req/21/057
Mr. Mark Boomer
EMAIL: mark.boomer@9habu.com
Date: 08/02/2023
Dear Mr. Boomer,
I refer to the request which you have made under the Freedom of Information Act 2014 for access to records held by this Department, as follows:
“This request is being made under the Freedom of Information Act 2014.
I would like to have access to all information relating to the disappearance of my brother Desmond Boomer on flight 9H-ABU from Djerba, Tunisia to Malta on December 3rd 1995.”
I refer also to the acknowledgement of your request which was sent to you on 24 March 2021.
I have identified 328 records that fall within the scope of your request. The records are listed in the schedules attached. I have made a decision to grant 27, part-grant 32, and refuse 269 of the records.
The records I am granting are available to download from the links included in the accompanying email. These ShareFile links will remain accessible for download until 09/03/2023.
Schedule Of FOI Documents - Part 1
Schedule Of FOI Documents - Part 2
Where access has been refused, the records are exempt from release under section 33 (2) (b) (ii), and section 37 of the Freedom of Information Act 2014. The Freedom of Information Act 2014 covers records dated from 1998 onwards. I have decided to apply the same principles of the FOI Act to those 247 records which were dated before 1998. The records being released constitute public records and open documents.
Section 33 (2) (b) (ii) applies to a record that;
“contains a communication between a Minister of the Government or his or her Department or Office and a diplomatic mission or consular post in the State or of the State or a communication between the Government or an officer of a Minister of the Government or another person acting on behalf of such a Minister and another government or a person acting on behalf of another government”
The records redacted under this exemption are diplomatic communications. There is an expectation that such communications be treated as confidential.
Section 37 (1) of the FOI Act states that;
“a head shall refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would involve the disclosure of personal information (including personal information relating to a deceased individual).”
Section 37(1) is a mandatory exemption. It is my view in this instance that the public interest does not outweigh the rights of individuals to have their personal information remain private.
Right of Appeal
Should you wish to appeal this decision, you may do so in writing to the Freedom of Information Unit, Department of Foreign Affairs and Trade, 76-78 Harcourt Street, Dublin 2 or by email to foi@dfa.ie.
You should make your appeal within 4 weeks (20 working days) 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
Emily McCormack
Consular Directorate