DID YOU KNOW that using the \u2018wrong\u2019 \u00a0word in a Freedom of Information (FOI) request can be enough for a public body to refuse it?<\/p>\n
That is what happened to wildlife campaigner Ruair\u00ed \u00d3 Leoch\u00e1in when he asked the Department of Agriculture, Food and the Marine (DAFM) for records about a tender connected to the capture of badgers.<\/p>\n
The department refused his request not once, but twice \u2013 even after the Information Commissioner overturned its first decision.<\/p>\n
The problem was one word \u2013 \u201csnaring\u201d.<\/p>\n
DAFM insisted the devices it uses to capture badgers are not snares, but \u201cstopped body restraints\u201d.<\/p>\n
It therefore claimed that records concerning the \u201csnaring of badgers\u201d did not exist. Yet correspondence released during the appeals process shows the department understood exactly which tender \u00d3 Leoch\u00e1in meant.<\/p>\n
It also acknowledged holding further records relating to it, including tender submissions, a contract with the successful bidder and payment records.<\/p>\n
Despite this, DAFM continued to rely on an FOI provision intended for records that cannot be found or do not exist \u2013 a decision the Information Commissioner ultimately found was \u201cnot justified\u201d.<\/p>\n
The snare dispute<\/p>\n
In March 2025, \u00d3 Leoch\u00e1in asked DAFM for records relating to a tender for services connected to the capture of badgers.<\/p>\n
Badgers are captured in Ireland as part of the State\u2019s bovine tuberculosis eradication programme, which seeks to control the spread of bovine TB between badgers and cattle.<\/p>\n
Some badgers are vaccinated against the disease, while others are culled.<\/p>\n
The devices used by DAFM to capture the protected animals are made from multi-strand steel wire and include a swivel, metal runner, shackle and a ferrule \u2013 a type of metal ring. The wire is designed to tighten around the badger\u2019s body to prevent it from escaping.<\/p>\n
They are placed near badger setts by contractors operating under licences issued by the National Parks and Wildlife Service (NPWS).<\/p>\n
In correspondence with DAFM, which he shared with The Journal Investigates, \u00d3 Leoch\u00e1in amended the wording of his request to refer to the tender for the \u201csnaring of badgers\u201d.<\/p>\n
The department responded that there was no such tender because it does not use snares. It said badgers are captured using cages and devices described in the relevant regulations as \u201cstopped body restraints\u201d.<\/p>\n
It\u2019s important to note that the Wildlife Act 1976 and the relevant 2003 regulations do not define the word \u201csnare\u201d. Although the regulations describe the wire devices used to capture badgers as \u201cstopped body restraints\u201d, they do not expressly state that the devices are not snares.<\/p>\n
DAFM confirmed to the requester that there was a tender for auxiliary services connected to its TB eradication programme and released some documents.<\/p>\n
However, it maintained that records concerning the \u201csnaring\u201d of badgers did not exist.<\/p>\n
It formally refused the request under section 15(1)(a) of the FOI Act, a provision which allows a public body to refuse access where records do not exist or cannot be found after reasonable searches.<\/p>\n
\u00d3 Leoch\u00e1in sought an internal review, but DAFM stood over its decision. He then decided to appeal the refusal to the Office of the Information Commissioner (OIC).<\/p>\n
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\n Wildlife campaigner Ruair\u00ed \u00d3 Leoch\u00e1in feels the department treated his request with \u201cextraordinary obstinacy\u201d. Ruair\u00ed \u00d3 Leoch\u00e1in<\/p>\n
Ruair\u00ed \u00d3 Leoch\u00e1in\n<\/p>\n
The records existed<\/p>\n
During the OIC\u2019s first investigation, DAFM acknowledged that it held further records connected to the tender.<\/p>\n
These included draft tender documents, submissions from bidders, the contract with the successful company, payment records and records showing the number of badgers captured.<\/p>\n
The department also stated some of the material contained commercially sensitive information.<\/p>\n
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