Bertie Ahern (Dublin Central, Fianna Fail)

In my Department, the figure has levelled out at approximately 50 to 60. When the Freedom of Information (Amendment) Act 2003 was enacted, there was quite a number of people endeavouring to obtain information and there was a huge surge of applications. Second, companies and individuals were doing trawling exercises with a view to using the information they obtained commercially to the benefit of a client base. This is partly why the changes were made.

The FOI system is a matter for the Department of Finance in the first instance and I have no plans to review it. The system that was introduced in 2003 followed a review that considered carefully all the options that were available, as stated correctly by Deputy Gilmore. A fee of €15 is very modest, particularly when compared to the administrative fee for processing an application in 2003, that is, €425. I am not sure if it has been updated since then. Nobody would agree that the fee is unreasonable and discourages responsible FOI requests.

One should remember that all FOI requests for personal information are free. It is also important to point out that there is no charge for the time taken in making a decision on an FOI request. In most other jurisdictions there is a charge levied in addition to the application fee. This would be a bit unreasonable but we do not have it here. There was a significant decline in the number of requests in my Department but the figure has increased again.

It costs €75 for an internal appeal and €150 for an appeal to the Information Commissioner. There are significant reductions for medical card holders, for whom the fees for internal appeals and appeals to the Information Commissioner amount to €25 and €50, respectively. Appeals for personal information are entirely exempt from fees. An appeal to the Information Commissioner involves a quasi-judicial process and in most cases it can take many months and entail considerable work and effort back and forward. The fee is a fair reflection of the work done.

It is important to note that a person who appeals to the Information Commissioner receives a preliminary decision that represents a fairly accurate reflection of the likely final decision. This is the point I was making to Deputy Kenny. Even towards the very end of the process, the requester can withdraw the appeal and obtain a full refund of the fees charged. Some 30% of the appeals made to the Information Commissioner are withdrawn at this stage. The system is fair and not unduly expensive. Requests are entirely free if personal information is being sought. Most requests concern individuals or staff issues.

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