Seán Kyne (Galway West, Fine Gael) | Oireachtas source

The Freedom of Information Bill should rightfully be renamed the freedom of information restoration Bill because it aims to restore the legislation to its original position, prior to its curtailment by the Fianna Fáil and Progressive Democrats Government of 2002 to 2007. The Bill before us now actually goes further than the original 1997 Bill to provide a new, consolidated freedom of information framework.

I have previously made use of Freedom of Information Acts to ask questions about processes and procedures at the then Department of Social and Family Affairs. The Act was the only real and substantive way of securing information on the IT system, for example, underpinning the social welfare system. This was information that I believed was of interest to any citizen concerned with how taxpayers' money was being spent by the Department. It revealed that several social welfare schemes were administered using a computer programme that was nearly 20 years old and that had been created for use on visual display units, VDUs, rather than personal computers, PCs. To the best of my knowledge, that system is still in place today. My experience is one of access to information in the public interest as distinct from personal requests for information held by public bodies. Both are equally valid, with one important difference - namely, that there should be no fees for requests for personal information.

When first enacted in 1997, the freedom of information legislation represented a significant departure from the historical norm in Ireland. It is fair to say that Government and, as we know now, other large and powerful institutions were troubled little by transparency and openness. Without doubt, the isolation experienced in the 1930s, 1940s and 1950s created a very inward-looking Administration, with a suspicion of openness and public decision-making. Our membership of the EEC radically altered mindsets in this and so many other areas and gradually freedom of information became a necessity rather than an optional extra. Similarly, the Irish people began to demand answers and explanations on a variety of issues. It became unacceptable for administrators, representatives, civil servants and others to provide meaningless or scant answers, with little or no explanation of the reasoning underpinning decisions. In this context, the 1997 Act was transformative and was hugely welcome. However, the circumstances surrounding the decision to curtail the 1997 Act in 2002 and 2003 are themselves worthy of a freedom of information request.

Government must have the ability to govern, debate, reason and deliberate independently. That is democracy. The Government cannot and should not have to govern to the tune of the pages of newspapers or the web pages of social media. The concern that Cabinet records could become available under the Freedom of Information Act was genuine. The response, however, in the Freedom of Information (Amendment) Act of 2003 was disproportionate and went against the spirit of the original Act.

This new Freedom of Information Bill achieves a number of important objectives. It reverses many of the objectionable amendments made in 2003 and extends the scope of the Act to a significant number of public bodies previously excluded, including An Garda Síochána, the National Treasury Management Agency, the National Asset Management Agency, the Central Bank, the Education and Training Boards and the Refugee Appeals Tribunal. It also extends the scope of the Act to non-public bodies which receive significant funding from the State, which is a very welcome development because State funding is, after all, public money.

While this Bill contains very important and positive measures, the objective of all public bodies and organisations providing services to the public should be one of maximum transparency and openness. We should aim for a reduction in the number of freedom of information requests, not out of secrecy or suspicion but because our Departments, State agencies and public bodies are more open and transparent and more willing to provide information from the outset. While there are many naysayers and detractors, we can already see the positive effects brought about by a new approach to Dáil business. This Bill has been subject to the new pre-legislative scrutiny which opens up consultation and brings in stakeholders at the earliest possible stage of law-making. The report compiled by the Joint Committee on Finance, Public Expenditure and Reform demonstrates the input of a wide range of interested parties from across society.

It is apt to note the interaction between this Bill and parliamentary questions. In a sense, parliamentary questions are freedom of information requests. In my experience, parliamentary questions, while much maligned because of their cost, are an invaluable way of seeking answers and information in a timely manner. I have learned from my time in this House that, just as with freedom of information requests, the effectiveness and usefulness of parliamentary questions depends very much on the contents of the question. The exemption of draft parliamentary questions and parliamentary briefings from freedom of information requests is important but must be considered in the context of the fact that all parliamentary questions are published within hours of their delivery.

I welcome this Bill for a variety of reasons. It promotes openness, transparency and better access to information. It also restores, as committed to in the programme for Government, Ireland's freedom of information laws.

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