Bertie Ahern (Dublin Central, Fianna Fail)

As for the first question, my Department has a centralised system whereby, in the first instance, all freedom of information requests go to a designated official before being sent to the designated officers in various sections. It forms part of their ongoing work and no one is assigned specifically to such duties. While there is a statutorily designated officer in each section, it forms part of his or her duties with a range of other matters.

Last year, only three out of the 54 requests received by my Department were refused. I understand that all the others were either fully or partially granted. Two were withdrawn and three had no records. I am satisfied that such requests are dealt with fairly quickly.

Section 20 certificates provide for a mandatory exemption for records in respect of which the Secretary General of a Department certifies they are part of an ongoing departmental deliberative process. As far as I am aware, no such certificates have issued from my Department and I understand that one was issued by the Department of Justice, Equality and Law Reform. Hence, this feature has not been used widely. Moreover, only a few refusals pertaining to security matters have been made. The issues were genuine and included issues pertaining to the Special Criminal Court.

The fees structure is a matter for the Minister for Finance in the first instance. However, the current system was introduced following a review that considered all the options. A fee of €15 is very modest, particularly when compared to the estimated average cost of the time involved at €425. This figure would be greater now because it has not been updated to take account of increased salary rates during the four-year period.

It is also important to point out there is no charge for the time involved in making a decision on a freedom of information request although most other jurisdictions have such a charge in addition to the application fee. Moreover, there is no charge for access to personal information. While a significant decline took place in such requests to my Department after the changes in 2004, the subsequent figures have increased by 30% and I understand this upward trend continues.

Regarding appeals, it costs €75 for an internal appeal and €150 for an appeal to the Information Commissioner. Significant reductions apply in respect of medical card holders — €25 and €50, respectively — and appeals concerning personal information are entirely exempt from such fees. An appeal to the Information Commissioner is a quasi-judicial process that may require many months of work to complete and can entail a considerable amount of work for officials. The view is that this fee constitutes a fair reflection of the nature of the appeal process and of the costs and time involved.

It is also important to note that a person who appeals to the commissioner will receive a preliminary decision, which is a fairly good indication of the likely final decision. Even at that late stage in the process, the requestor can withdraw the appeal and obtain a full refund of the fees. This system is understood by such appellants because approximately one third of the appeals are now withdrawn at that point. People are entitled to use the system so they withdraw at this point and secure a refund of their fees.

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