Oireachtas Joint and Select Committees

Wednesday, 13 November 2013

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

Freedom of Information Bill 2013: Committee Stage (Resumed)

5:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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As we have seen, there will be cases of completely unreasonable requests, for example, a person who wants to do a PhD and would like somebody to research it for him or her. Where there is a decision that the request is so unreasonable that it would be disruptive of the work and that is a discernment made, the correct approach is to address it at that level.

One aspect in all the discussions I have had of late is something I have instituted in my own Department. Sometimes one gets FOIs which are not clear on what the requester is looking for. What happens is that significant chunks of information are gathered on the basis the staff hopes that within all of this the information is there. What I hope we will be working towards instead is that the freedom of information officer - this will be a matter for the training - will telephone, for instance, Deputy McDonald, to ask what specifically she needs so that the officer can identify it, and address it in that way. If it is not possible in terms of a request like this and it would be disruptive, then the correct procedure is for that to be appealed to the independent Information Commissioner. That is the process.

There should not be a parallel process. It certainly should not involve the Minister. I do not want to be involved at all in those determinations. I have enough on my plate, but I thank Deputy McDonald very much. It would not be proper in any event.

Even with somebody else involved, there is an established mechanism for determining these matters, namely the mechanism of appeal to the Information Commissioner.