Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

Is the Taoiseach considering any changes to the Freedom of Information Act, in particular, in respect of the claims expressed in the OECD's recent report that requests for freedom of information should be free? Has that particular section of the OECD report been brought to the Taoiseach's attention? It acknowledges that applying fees has addressed some of the frivolity involved in requests but it also knows and has evidence that it is a prohibition to genuine information being sought and accessed. I know the Taoiseach is holding to one line of reply, but this is not only about the Information Commissioner. The OECD report and substantial independent opinion believe the fee structuring is prohibitive. How will the Taoiseach reply to the OECD report recommendations?

Is the Taoiseach aware of the issues highlighted by the Information Commissioner with regard to the roles and functions of Departments or other bodies prescribed under the FOI Act being moved to newly established bodies with the records moving with them? Heretofore, the records were under the attention of the FOI Act and were accessible. Now that they are under a new body not yet listed they are not accessible for FOI inquiries.

Two examples were cited. Records previously held by the Department of Transport transferred to the Road Safety Authority on its establishment in September 2006. The Road Safety Authority is not one of the listed bodies. Records once accessible under the FOI Act are no longer so. The establishment in 2006 of the Property Registration Authority which took over the functions of the Land Registry and the Registry of Deeds is another example of public record information previously accessible under the FOI Act no longer being the case. Does the Taoiseach consider that part of the core criteria of establishment of new bodies such as the Road Safety Authority and the Property Registration Authority should be that they are automatically registerable under the terms of the FOI Act?

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