Brian Cowen (Laois-Offaly, Fianna Fail)

The ongoing process of extending the Freedom of Information Acts to public bodies is being undertaken by the Department of Finance. As Minister for Finance, I oversaw the biggest ever extension of the scope of the Freedom of Information Acts, to a further 137 bodies, in 2006. More than 520 bodies are now covered by the freedom of information regime. Just 67 bodies were covered when the original Freedom of Information Act came into operation ten years ago. I do not think anyone can question our commitment to wider transparency and accountability. The Department of Finance is making arrangements to extend the scope of the freedom of information scheme to a further group of bodies, including the Law Reform Commission, which is the only body under the aegis of the Department of the Taoiseach that has yet to be included in the scheme. I expect the Minister for Finance to make an announcement in this regard in due course.

I understand there are no plans to review the freedom of information fee structure, which is a matter for the Minister for Finance in the first instance. The current structure, which was introduced in 2003, provides that a fee of €15 is imposed when a freedom of information request is made. I contend that the fee is modest when compared with the estimated average administrative cost of processing a freedom of information request, which is €485. I remind the House that almost 11,000 such requests were made in 2007. I do not believe anybody would argue that the fee is unreasonable, or that it discourages people from making responsible freedom of information requests. It is important to point out that no charge is imposed in respect of the time that is taken to examine the records sought with a view to determining whether they may be released. Equally, no charge is imposed in respect of access to personal information. The fees charged under the freedom of information scheme have not increased since they were introduced in July 2003.

Deputy Kenny referred in particular to the fees that are charged when appeals are made. I remind him that it costs €75 for an internal appeal and €150 for an appeal to the Office of the Information Commissioner. Significant reductions may be availed of by medical card holders, who are asked to pay fees of €25 and €50, respectively, for appeals in each category. Appeals concerning personal information are entirely exempt from the fee structure. The making of appeals to the Information Commissioner is a quasi-judicial process. It can take many months to complete the process, as it can entail a considerable amount of work. The fee that is charged in such circumstances is a fair reflection of the nature of the appeal process and the costs and time involved. It is important to note that a person who submits an appeal to the Information Commissioner may receive a preliminary decision, which gives a good indication of the likely final decision. Such a person can withdraw his or her appeal and obtain a full refund of fees even at that late stage in the process. I understand that 30% of appeals made to the Office of the Information Commissioner are withdrawn. The appeal fee is returned in such cases.

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