Seirbhisi Corpardideacha Corporate Services Kerry County Council, County Buildings, Trae, Co. Kerry. Comhairle Contae Chiarra, ‘rasan Chontae, es ce Caer COMHAIRLE CONTAE CHIARRAI KERRY COUNTY COUNCIL Guthén | Tel 066 7183514 Faies | Fax 0667183043. Rphost | Email secretar@kerrycoco.ie Suiomh | Web. www:kerrycocoie 8" February 2016 Mr. Joe Leogue, The Irish Examiner. By email to : Joe.Leogue@examiner.ie Re: FOI request 16003 Dear Mr Leogue, | refer to your request, made under the Freedom of Information Act 2014, for records held by this FO! body. Your request sought “....to find out how many parking tickets have been issued by the local authority for the specific offence of driving or parking on a cycle lane for the whole of 2015. If there were no fines issued by the local authority for this offence in 2015 for offence | would appreciate if the council would indicate if this is due to no offences being detected by its staff, or if it is a case that the council's wardens do not enforce this law’. As decision maker for Kerry County Council | have now made a final decision to refuse your request as the records do not exist. The purpose of this letter is to explain that decision and this explanation has the following parts: 1. an explanation of the relevant findings concerning the records to which access is denied, and 2. a statement of how you can appeal this decision should you wish to do so. This letter addresses each of these parts in turn, GABILGE AGUS FAILTE1. Findings, particulars and reasons for decisions to deny access The sections of the Act which can apply to deny access to documents are known as its exemption provisions. ‘Section 15(a) of the Act allows for a request to be refused where: the record concerned does not exist or cannot be found after all reasonable steps to ascertain its whereabouts have been taken, In this instance, | am advised that the Traffic Fines Management System used by Kerry County Council does not record a specific offence of driving or parking on a cycle lane. Such offences would generally be recorded as ‘parking in a manner obstructing traffic’. Accordingly it is not possible to provide the information requested. 2. Rights of appeal In the event that you are unhappy with this decision you may appeal it, in writing, to the Freedom of Information Unit, Kerry County Council, Aras an Chontae, Rathass, Tralee, Co. Kerry or by e-mail to FOI@kerrycoco.ie You should make your appeal within 4 weeks from the date of this notification, where a day is defined as a working day excluding, the weekend and public holidays. 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 body. The fee for an internal review is €30 (€10 for a medical card holder or dependant), Should you require any further assistance, please contact me. Yours sincerely, K. O'Malley = Cifigeach um Shaordil Faisnéise Freedom of Information Officer Comhairle Contae Chiarrai Kerry County Council