Dáil debates

Tuesday, 20 February 2007

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

There is no connection between the Law Reform Commission and the Garda Síochána but as I stated, both bodies, with others, are up for review this year. The Law Reform Commission, while under the aegis of my Department, has a certain independence. I understand discussions are ongoing between my officials and the commission. It is a matter for them to resolve. I do not have any difficulty with it, as I stated previously.

Regarding the issue of procedures, as I understand it, all of the improvements suggested by the Department of Finance have been made in my Department. In the case of the Department of the Taoiseach, the functions of general examination and primary decision making have been delegated by order, as envisaged in the Act, generally to assistant principal officer grade. A few higher executive officers are in specialist areas and the function of internal review has been delegated to officials of not below principal grade. That fulfils the criteria set. The number of staff allocated to deal with FOI requests in addition to normal duties is 18. These are key decision makers across divisions, mainly at assistant principal level.

One higher executive officer, the freedom of information liaison officer I mentioned earlier, is responsible for receiving and monitoring requests and general co-ordination of the requirements under the Act as they relate to this Department. That keeps a flow going and the system together.

Two assistant secretaries and four principal officers are responsible for the internal review process. The various stages laid down by the Act, and the criteria set out by the Department of Finance, leave the primary decision with assistant principals in the Department, internal review with principal officers or higher and a review by the Information Commissioner. If there was an appeal it would go to the High Court.

As I said to Deputy Kenny, having stabilised and declined in 2003 when changes were made to the Act, requests made through the Act are up approximately 30% in my Department.

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