Dáil debates

Friday, 6 July 2012

Freedom of Information (Amendment) (No. 2) Bill 2012: Second Stage

 

11:00 am

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)

I welcome the opportunity to contribute to this debate. It is ironic that Fianna Fáil introduced this Bill today given that its Government tied the hands of the freedom of information legislation in 2003. However, it is a case of trying to undo the sins of the past, which should be welcomed.

The original Freedom of Information Act, introduced in 1997, signalled a considerable change of culture within public organisations. It was a tribute to the Rainbow coalition that it introduced it. At the time, I worked in Donegal County Council, albeit not in a senior role, and noted the legislation had an immediate impact in local authorities. It made people very aware of their roles and obligations regarding the provision of information. It is a tribute to the effectiveness of the Act that it took fewer than five years for an amendment to be introduced to tie its hands. The 2003 Act introduced fees and restrictions on the amount of information that could be given out. It has taken time for the number of requests to increase again and for people to regain confidence in the legislation's ability to provide them with the information they require.

It is important that the legislation be amended. I fail to see why the Government could not have introduced a Bill to repeal the 2003 Act and re-establish the 1997 Act very quickly after it came into power. I imagine this would not have been very difficult. It should not have taken 16 months to get to this stage. I am worried that the Bill will now just sit on the Order Paper and that there will be very little movement from now on. We need to strengthen the Freedom of Information Act, reduce the fees to make the system more accessible and bring new organisations under the legislation's remit, as necessary.

Is it the case that the Government wants to be seen to be doing something by accepting this Bill on Second Stage, although it will not allow us to proceed to Committee Stage in the next 16 months, thereby not allowing any changes? The Minister of State, Deputy Brian Hayes, is shaking his head, but I hope what I outline will not be the case and that the Bill will be passed in the next six to eight months so the original powers of the legislation will be restored.

If there is to be a culture of transparency and accountability for all public bodies, it is vital that there be freedom of information. The Information Commissioner has, in her speeches and public engagements, constantly highlighted the difficulties that arise. It is a tribute to her that she has done so. I hope she will be listened to eventually and that the original Act will be restored.

Organisations such as Transparency International Ireland, when they issue reports, constantly criticise Ireland on the cost of freedom of information requests and the difficulty in gaining access to information. It is depressing to see Ireland placed on the red side in such reports, thereby drawing attention to the difficulties involved. Perhaps this is not unusual among countries that organisations report on because there are certainly more countries that make access difficult than make it easy. However, we should aim to be among the countries that allow for ease of access and that have fully transparent and open public services such that people can gain access to personal information or information on decision-making within the public sector. This would make services more accountable in a roundabout way and ensure proper public services and transparency in the decision-making process.

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