Mr. Ger Deering:

The two issues the Deputy raised are linked. He will probably appreciate that I will not comment on any individual case because it is something that could come before me that I might have to make a decision on at a later stage. I will talk in general terms. The issues the Deputy raised are linked. They revolve around resources and taking the FOI function seriously within an organisation. One can measure an organisation's seriously, as it were, about a function by the resources it puts into it. If there is a very large Department and a person spends half their time dealing with FOI, one will probably not get the output and outcome one needs. More than that, the training and the information that are provided within that organisation will determine the quality of the way the information is presented and made available and the way it is actually made available under an FOI request.

The important that I can do as Information Commissioner is to draw attention to any areas where I believe that bodies are not properly resourcing, are not reacting properly and are not dealing requests in time. Then, obviously, there is the appeal process, where it will ultimately be decided whether something that was not released should have been. It is not a coincidence that area of most litigation involving the office is where the Information Commissioner would have determined that information should be released. Then we find that the matter was ultimately appealed to the High Court for decision.

The Deputy rightly pointed out that FOI was designed in a different time. It started with documents and technical documents that were created in soft copy. We also had hard copy at that time. However, we have moved on so much now. The communication methods that we are dealing with have moved on light years from that. The legislation being reviewed gives an opportunity to tighten up the areas that the Deputy talked about. It is a double-barrelled approach. It may be that there is a need to tighten the legislation and the requirements relating to it - in addition to the role of the Information Commissioner - and ensuring that everything is adhered to.