Brendan Howlin (Wexford, Labour)
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I thank members for their contributions. It speaks volumes as to how we are in a whole new regime in that the freedom of information provisions now apply to everybody unless this committee discusses exceptions and both Houses agree to them. That has transformed the system. I do my best not to be discordant but it is difficult to listen to lectures from Deputy Fleming on broadening the application of freedom of information. I am confident that the 2014 Act we enacted as an Oireachtas last year will stand the test of time. It is already regarded as one of the best internationally, unlike the 2003 Act which eviscerated the good work done in 1997. As I outlined, the changes I am proposing fall into two categories. I am changing the retrospective date applying to a couple of organisations for very practical reasons. One of the points we made right through the debate on freedom of information was that we must avoid, within reason, creating burdens that are just too much for any organisation. These are modest changes involving a couple of organisations out of the many hundreds of bodies that are now subject to FOI.

Deputies Fleming and McDonald focused on the slight movement of the date for the retrospective application of FOI to the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, and there was a suggestion that I did not convey the full briefing note in this regard. That note is as comprehensive as we can make it given that I have been asked by the clerk to confine my comments to ten minutes. One has to do some editing in such circumstances. Either I restrict the quantum of information I give in a briefing note or I exceed the instructions as to the time allocated. I cannot do both and it is important to give members as much information as I can. Of course I have an absolute focus on ensuring the refugee bodies deal with applications as expeditiously as possible. I am obliged to heed them and their parent Department when they say that if there is too much backdating and we divert personnel to the processing of FOI rather than the processing of applications, then there will be a negative impact for asylum seekers who need to have their case heard and, where there is a coherent case to be made, need to have their applications approved so they can get on with their life rather than being caught in direct provision.

I share Deputy McDonald's concern regarding the direct provision system. As she knows, the Government has established a review group and the Minister of State at the Department of Justice and Equality, Deputy Aodhán Ó Ríordáin, will report on that matter very shortly. The Office of the Refugee Applications Commissioner estimates that the number of records it holds amounts to 4 million, including paper files and databases, both live and archived. We are going back to 2012 in all of this but any individual who has a concern about his or her own records will not be affected by the change. All individuals will be able access their own records. Likewise, a lawyer acting on behalf of an individual will not be debarred from accessing that person's records.

I am conscious that staff have been squeezed both in the refugee area and in the Private Residential Tenancies Board. All such public bodies have been subject to recruitment embargoes in recent times. We have had to deploy staff more effectively in an effort to save money and reduce the public sector pay bill, as people were advocating for. The burden we place on personnel must be very carefully measured in the public interest.