Brian Cowen (Laois-Offaly, Fianna Fail)

The Freedom of Information Act provides for citizens to obtain relevant data and information regarding their own particular position, as set out under the legislation. That is fine for people who require their own personal data and information. As the Deputy knows, data protection legislation means that not everyone's personal records or data should or could be available to a wider audience. Various countervailing provisions in legislation ensure those rights are respected as well. The wider issue of the possibility of prejudicing existing legal actions comes into play when decisions are being made on what information is available and when it can be made available. These constraints apply to freedom of information legislation, in line with the general principle that constitutional and natural justice should be afforded to all concerned, including State agencies against which suits have been taken and the individuals concerned, or whatever the case may be. These general principles are applied in each individual case. Therefore, the level of information that is available has to work within the broad legal parameters that exist. The overall position is that freedom of information legislation has been extended to various agencies over many years. That continues to this day. We have seen extensions of the legislation in a whole range of areas. That happened as the legislation bedded down and evolved. We gained experience of how it was working, what way it was working effectively, and how we could move it along. We cannot postpone legal considerations. At the same time, we obviously have to try to ensure there is as much transparency as possible, consistent with those legal principles.

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