Bertie Ahern (Dublin Central, Fianna Fail)

I noted the points which the Information Commissioner highlighted in her report of last year on the operation of the Act. My understanding was that she was more concerned about the costs of appeal to her office than about the €15 application fee, which is generally not seen as a large amount. It is important to point out there is no charge for the time undertaken in making a decision on a freedom of information request and most other jurisdictions impose such a charge in addition to the application fee.

It is important to note that a person who appeals to the commissioner receives a preliminary decision, which is a good indication of the likely final decision. Even at that stage of the process, the requester can withdraw the appeal and obtain a full refund of the fees.

With regard to the cost of appeal to the Information Commissioner, practice differs internationally. For example, while a fee of approximately €360 is charged by the Australian Government, regional states in Australia do not charge for an appeal to the commissioner.

In the case of my Department, the reality is that the main change has occurred at the application stage. It is unclear whether that is due to the introduction of an application fee or a working through of pent-up demand in the early years, which I believe is the reason. No doubt fees have had an impact but I do not believe that in the case of my Department the size of an application fee of €15 is the reason for that. As I have outlined, not many of these from my Department go to appeal. A small number of applications go to appeal. I do not believe the fee is the difficulty. No doubt the Minister for Finance will look carefully at any points that the commissioner makes.

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