Oireachtas Joint and Select Committees

Tuesday, 12 November 2013

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform

Business of Select Sub-Committee

4:45 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I want to make a point because I did not respond. I know the view of the NUJ on fees generally. They have a strong and coherent view that there should be no fees, that information should be free. There are many experts in the area and Deputy Donnelly name checked some of them who hold that principled view, and it is a noble and fine view.

I made a discernment from the beginning in this, which I stated to this committee in the pre-legislative scrutiny, that I believe that there should be, in the current climate where we are charging for a range of essential services, what in many ways is a token charge. A charge of €15 towards a cost on average of €600 is little more than a token and is justified in these circumstances. In better economic times, it is something we might come back on.

If we are to have a fee, obviously, we must ensure that it is applied and not have the pretence that there is a fee that really does not apply because one could put in any number of requests and call it one. If that is the view of the committee, then there is no point in having fees. That undermines the principle of it. I wanted to make the point in relation to the experts. I know what the NUJ will say. They will say, "Have no fees."

It would be worth looking at the practice in other OECD countries because there are different types of fees. I do not want to get bogged down on this one net issue because there is so much good in this Bill, but some countries charge up-front fees such as my proposal of €15 here. I am suggesting that we give free two hours search and retrieval for that. Many other countries have no up-front fee but then they charge search and retrieval fees at an hourly rate and they charge for photocopying. If one goes through all the OECD countries, world leaders in this, such as Canada and New Zealand, charge for this using different mechanisms because there is a real cost to the system of some of the complex demands that are made.

In this, I propose: first, that we hold on to the €15 up-front fee; and second, that one will get two hours' free research for that, which accounts for the vast bulk of non-personal matters - all personal matters, or 70% of all FOIs, are free. On top of that, I am suggesting that we cap the search and retrieval fees at €500 - at present, it is open-ended. In addition, I am reducing all the appeal fees to go to the Information Commissioner, etc. If one looks at it in the round, it is a reasonable set of proposals.

I am open to hear the views of the committee when we get to these matters. I refer to amendment No. 33. I would suggest we proceed, at least up to that. If members want to reflect when we get to that, I am in the hands of the committee. Let us make-----