Oireachtas Joint and Select Committees

Wednesday, 24 April 2024

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Estimates for Public Services 2024
Vote 1 - President's Establishment (Revised)
Vote 2 - Department of the Taoiseach (Revised)
Vote 3 - Office of the Attorney General (Revised)
Vote 5 - Office of the Director of Public Prosecutions (Revised)
Vote 6 - Chief State Solicitor's Office (Revised)

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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That is not the case. The reason I raise this is that it falls under the Taoiseach’s Department, but also that the previous Taoiseach deleted records in the past from WhatsApp and, therefore, they were outside the reach of FOI. Deleting a FOI document or record, whether it is a text message or on WhatsApp, is an offence if it falls into that category of communication.

I might just inform the Taoiseach of the central policy unit guidance note 24, which was issued in 2015. It refers to information held on non-official systems, email accounts and devices. It states official information that is subject to FOI and is transmitted via non-official systems or external devices such as email or a mobile phone is subject to the provisions of the FOI Act, as the Taoiseach acknowledged. Where non-official systems are used, the employee must ensure a copy is made available when the transmission is made in the first instance.

Circular 09/2019 goes further and sets out the requirements relating to the use of private email and other private messaging services to conduct official Government business, stating:

Any communications relating to official government business issued or received through a private email account or other private messaging service must be forwarded from such account or service to an organisation issued email account or service as soon as is practicable.