Council refuse FOI request from Mayo pyrite residents

MAYO County Council has refused a Freedom of Information request from the residents of a pyrite-affected estate in Westport who were seeking the release of documents relating to what the council knew about the presence of pyrite in the estate.

Solicitors acting on behalf of homeowners in the pyrite-affected Páirc na Coille estate in Westport sought inspection reports, building condition assessments, reports sent to the Department of Housing or Pyrite Resolution Board relating to houses at Páirc na Coille and certain other correspondence, emails and memos.

The residents of the 54-house estate, which was built in the early 2000s, claimed they were issued with a €6,900 bill by Mayo County Council for the release of documents requested by them under the Freedom of Information Act.

However, in a response to The Mayo News, a spokesperson for the council stated that while the 'estimated cost of the search and retrieval effort was calculated', it was never charged in this case as the FOI request was refused.

To date, 32 houses in the estate have tested positive for pyrite.

A spokesperson for the residents told The Mayo News that it was ‘astonishing and gut-wrenching’ to be asked to pay such a huge bill for the release of documents already on file in Mayo County Council.

“It is disingenuous and condescending,” he said. “The Council has no empathy for us. They are washing their hands of us and the problem. Yes, the Council is processing the Pyrite Remediation Scheme for the Government, but it is leaving homeowners in financial dire straits, as the scheme excludes so much and we have to pay the difference to make up the shortfall. This is costing homeowners somewhere between €50,000 and €100,000 depending. And now the County Council wants us to pay them a significant sum of money to release documentation that they hold on their own files.

'Utterly appalling'

“The homeowners are not surprised, as Mayo County Council haven’t treated us with any dignity. They don’t care about us. We are a thorn in their side right now, and it is not fair. What we have to go through and what we have yet to go through is utterly appalling.”

A spokesperson for Mayo County Council said that the documents and records requested were extensive relating to all housing units in the estate, covering a number of issues, and dating back over 20 years.

“Much of the documentation requested were records considered to be already in the possession of the relevant homeowners and/or their legal advisors,” the spokesperson stated.

“As per the provisions of the Freedom of Information Act such retrieval and examination efforts as would be required in relation to such a large volume of records could reasonably be considered to cause a substantial and unreasonable administrative burden on Mayo County Council.

“Mayo County Council engaged with the requester in an effort to assist them in narrowing the scope of the request in order that it may be processed by the council. These efforts were however unsuccessful, and while further assistance was offered to the requester, no further correspondence was received by the council prior to a decision to refuse the request.

“The Freedom of Information Act provides that a public body shall charge a fee where a request will take longer than five hours to process and as per the provisions of the Act the estimated cost of the search and retrieval effort was calculated and communicated to the requester.

“However it should be noted that the charging of a fee does not arise in this case, as the decision was to refuse the request due to the volume of records sought to be provided within the statutory timeframe set out in the Act.

“The decision to refuse the request is still within the period for the seeking of an Internal Review by the requester and may be the subject of an appeal to the Office of the Information Commissioner.

“It is Mayo County Councils position that there is scope to focus the information requested in a way which achieves the residents aims while bringing it within an appropriate administrative burden for the local authority,” the spokesperson concluded.

Local Fianna Fáil councillor Brendan Mulroy said that Mayo County Council should be supporting the residents of Páirc na Coille in every way possible which includes releasing the documents requested.

'Extremely disappointed'

“I am extremely disappointed, and my heart goes out to the residents of Páirc na Coille who have been hit with a fee for a Freedom of Information request. It sets out a very bad precedent for Mayo County Council to be treating people in this manner,” Cllr Mulroy told The Mayo News.

Westport councillor Brendan Mulroy disappointed with response from Mayo County Council to FOI request

“When we met with the council originally about Páirc na Coille, they stated they would help them in any way they could, and now we are charging them €7,000. That is not helping them, it is putting another block in their way.”

The Westport-based councillor said he has written to Chief Executive Kevin Kelly outlining his disgust at the local authority’s treatment of residents who have had their lives turned upside down by the scourge of pyrite.

He explained that he has called on Mr Kelly to waive the fee, adding that if he refuses to do so he should consider his position and resign.

“Kevin Kelly has an [decision] to make, because charging people €7,000 for documents is ridiculous stuff. How can Mayo County Council expect them to find this significant sum of money when they are already in debt and despair, as their houses are falling down around them.

“It is awfully important that the politicians look after the people they represent and stand up to council management, and I will be standing by the people of Páirc na Coille. There is provision in the Freedom of Information Act for the fee to be waived, and I hope that will happen,” he said.

Cllr Mulroy added that some homeowners in Páirc na Coille are already very suspicious as to when Mayo County Council actually became aware of the presence of pyrite in the estate, and the latest developments does nothing to ease those suspicions.

The Páirc na Coille spokesperson added that residents now believe that the council engaged in a ‘PR stunt’ when they met and offered to help them. He added he is concerned for the mental health of a number of residents who are going through this crisis.

“It is devastating. Our lives have been on hold for the last two to three years, and it is impacting our health and our families. Instead of coming to a stage in life where we are debt free, we are now back into debt, and it is horrendous. Many of us don’t know where we will get the money from,” he said.