Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

In 1997 the then Government enacted the Freedom of Information Bill 1997 which was identified as a key to delivering openness and transparency in government. In April 2003 the Act was amended by the Freedom of Information (Amendment) Act 2003. The changes made in the Act were widely criticised. The Bill before us seeks to restore freedom of information legislation to its pre-2003 state and extend its remit to all public bodies, subject to some exceptions.

In the 2011 programme for Government the Government committed to introducing freedom of information reform legislation. The general scheme of the Freedom of Information Bill 2012 was announced on 25 July 2012. A pre-legislative scrutiny process was conducted on the general scheme by the Oireachtas Joint Committee on Finance, Public Expenditure and Reform.

The Bill seeks to reverse certain provisions of the Freedom of Information (Amendment) Act 2003. These include provisions on the mandatory protection of Government records but power is now discretionary, and the period of protection for Government records. Certain changes to the fees regime will be introduced by way of order following enactment of the Bill. Provision is made to extend freedom of information to public bodies, subject to some exemptions, and non-public bodies significantly funded by the Exchequer. For example, the Bill extends freedom of information to records relating to the administrative functions of An Garda Síochána. The Bill consolidates and updates freedom of information legislation. It has been cautiously welcomed by stakeholders and commentators. Ms Emily O'Reilly has said changes introduced by the Bill will only become clear once information is sought under the new regime.

Enacting the Bill may result in additional pressure on the Office of the Information Commissioner in processing appeals owing to the addition of further public bodies under the legislation. The reduction in fees will make information more accessible but will result in greater freedom of information costs for the State. However, it has been noted that a cost-benefit analysis of freedom of information arrangements must include the estimated savings generated through preventing errors and wrongdoing.

Freedom of information derives from the following broad principles. Decisions made by public bodies should be more open to public scrutiny, thus providing greater appreciation of issues associated with policy decisions and stronger public ownership and acceptance of decisions made.

Those affected by decisions of public bodies should have the right to know the criteria used in making those decisions. Every individual has the right to know what information is held in Government records about him or her, subject to certain exemptions to protect key interests, to have an inaccurate personal file corrected and to obtain the reason for a decision that affects him or her personally. Citizens, as shareholders in public bodies, should have the right to examine and review the deliberations and processes of public bodies.

The world's first freedom of information legislation was adopted by the Swedish Parliament in 1766. Key achievements of the 1766 Act were the abolition of political censorship and the granting of public access to Government documents. Over the past ten years, the right to freedom of information has been recognised by an increasing number of countries, including many in the developing world, through the adoption of a wave of freedom of information laws. In 1990 only 13 countries had laws providing for access to information held by public bodies. Today more than 95 countries, with more than 5 billion inhabitants, have laws granting a general right to access information held by public bodies. International bodies such as the World Bank and various regional development banks have also adopted information disclosure policies. There has been a variety of internal and external pressures on governments to adopt freedom of information laws, including the promotion of such laws by civil society, media and environmental groups, demands for improvement by international organisations as well as a recognition by governments themselves of the usefulness of freedom of information in the context of modernisation.

See this speech in context