Brian Cowen (Laois-Offaly, Fianna Fail)

I do not accept application of the Act has been further restricted given we have been extending the numbers of bodies to which it applies. I have just explained to the Deputy that in 2006 alone, during my time as Minister for Finance, I extended it to a further 137 bodies. I do not accept, therefore, that our attempt is to restrict it.

Deputy Gilmore referred to fees which are, in the first instance, a matter for the Minister for Finance. I understand there are no plans to review fees. The current system of fees was introduced in 2003. A fee of €15 is modest particularly when compared with the estimated average administrative cost of €485 for processing a freedom of information request. I do not believe anyone could argue this is unreasonable or that it discourages responsible FOI requests.

It is important to point out that there is no charge for the time taken to examine the records sought with a view to determining whether they should be released. There is no charge for access to personal information. The fees have not been increased since their introduction in July 2003. Regarding appeal fees, it is €75 for an internal appeal and €150 for an appeal to the Information Commissioner. There are significant reductions for medical card holders, the fees for whom are €25 and €50 respectively. Appeals concerning personal information are entirely exempt from these fees.

An appeal to the Information Commissioner is a quasi judicial process that can require many months to complete and can entail a considerable amount of work. The fee in this regard is a fair reflection of the nature of the appeals process and of the costs and time involved. It is important to note that a person who appeals to the commissioner receives a preliminary decision which is a fairly good indication of the likely final outcome. Even at this late stage in the process, the requester can withdraw an appeal and obtain a full refund of fees paid. I understand that approximately 30% of appeals made to the Office of the Information Commissioner are withdrawn.

Arrangements are in place to examine whether the Act can be extended to other groups of bodies including the Law Reform Commission, the last remaining body under the aegis of my Department to be included. The Minister for Finance reviews these matters on an ongoing basis. As I understand it, there are no proposals to extend the Act to the Garda Síochána. While this has not been ruled out in the future, the matter is not currently under consideration.

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