Brendan Howlin (Wexford, Labour) | Oireachtas source

A number of different issues were raised and I will deal with them on a Deputy by Deputy basis. On the amendments submitted and spoken to by Deputy McDonald, Nos. 13, 43 and 48, as I indicated previously I am not inclined to accept Deputy McDonald's proposal to appoint an FOI data manager. I agree with the Deputy, however, that the role of the FOI central policy unit, which lies within my Department, needs to be significantly enhanced in terms of establishing, supporting and securing compliance with good practice across all public bodies subjected to FOI.

A strong, expert and authoritative leadership of the FOI central policy unit is critical to the effective and efficient operation of FOI across public bodies. One of the deficiencies I discovered, and I have been using FOI over the years, is the lack of consistency in application and the lack of proper training for FOI officers. As I have indicated previously, the Department of Social Protection gives out a great deal of information but it is very difficult to extract information from others. We need to have uniformity and a common practice and understood code.

The central policy unit is responsible, in consultation with public bodies and working with the newly established FOI networks, to ensure the policy and legislative framework that supports FOI is effective and operates across all public bodies.

In particular I expect that the strengthened system which is intended to be put in place for dealing with requests in public bodies and the measures to promote the proactive publication of information without FOI, which is also important - we should be putting up more - would lead to a substantial increase not only in the data available but a diminution in the need for FOI requests.

I have also considered Deputy McDonald's proposal that all FOI decisions and determinations, and all extensions of time for consideration of FOI requests, should be submitted to a data manager. Notwithstanding the fact that I am not in favour of the appointment of a data manager per se, I have provided in the draft code of practice that I published - I think I circulated it to everybody - that statistics should be collected, including statistics on the proportion of requests answered within the statutory timescales, the number of requests that had been refused, the number of reviews that have been carried out and so on and provided by organisations subjected to FOI.

I have also provided that all public bodies would publish disclosure logs which would set out, for example, the date of the request, what was sought, the decision made and the date of release. That goes a long way to meeting the needs expressed eloquently on Committee Stage by Deputy McDonald.

Regarding Deputy Fleming's amendments Nos. 37, 38, 80 and 81, much of what the Deputy said fits into what I regard as the most exciting initiative that I am determined to drive, which is not FOI but open data. We need to have, as a matter of routine, data sets available. That is a separate but very important discussion.

Deputy Fleming's amendment No. 37 proposes to establish a database to include all information released under the Act. As Deputy Fleming will be aware, a review of the implementation of the FOI Act was carried out and in that context, consideration was given to the publication of all records which are released. It is something I thought might be a good idea. The report of the external review group set out that some Government Departments, such as the Department of the Taoiseach and the Department of the Environment, Community and Local Government, already publish a disclosure log. Other Departments, such as the Department of Communications, Energy and Natural Resources and the Department of Transport, Tourism and Sport, as well as publishing details of what has been requested, also publish the actual records disclosed.

While the external review group recognised the benefits of publishing such information, they all acknowledged the potential legal, administrative and practical difficulties of widely publishing information released under FOI. In addition, the Department in question advised that there is no evidence that the publication of the records led to a more efficient FOI regime, which reduced the number of FOI requests received on the same topics or issues.

As already outlined, I proposed in the draft code of practice for FOI that all public bodies would publish disclosure logs on the nature of the information requested and so on and setting out exactly what such logs should include. Furthermore, when someone seeks the records released under FOI, the same record will be provided to the new requester with only the cost of literally reproducing them. As such, the records which have been released can be provided if requested without imposing any additional administrative burden on bodies.

Regarding Deputy Fleming's amendment No. 38, I agree with the sentiment of the proposal and I am happy to advise the Deputy that section 8(11) of the Bill provides that in accordance with the code of practice for FOI, each Minister shall ensure that appropriate measures are taken by public bodies under his or her aegis in respect of training of staff.

In addition, the draft code, which I have already published for consultation, contains detailed information on the training and the obligation of public bodies in this regard. That meets the objective set out, certainly, on Committee Stage by Deputy Fleming.

In amendment No. 80, Deputy Fleming asks that a code of practice be published within three months of the enactment of the Bill. As outlined, a draft code of practice has been developed based on the findings of the review that I have already circulated to Deputies opposite. I published that draft code recently. It is my intention that the draft code would be finalised on enactment of the Bill. The code, together with the accompanying manuals on the nuts and bolts of the administration of FOI requests and any guidance notes made under the code, will of necessity be living documents that will require to be updated, refined and extended over time.

I also share Deputy Fleming's view as expressed in his other amendment, amendment No. 81, regarding the publication of official information. I am pleased to advise the House and Deputy Fleming that the draft code contains provisions providing proactive publication of information. It is intended to promote much greater access to information outside of FOI - this is the point I am making about open data - than is currently the case. Greater publication of official data and information is also consistent with the Government's commitment to participate in the multilateral open government partnership, the European element of which I was privileged to host here. In politics, certainly, in an administrative Department such as my own, one does not get excited about new initiatives too often, but I am very excited about the open government partnership. It is a basis for reforming the way Government and agencies of Government operate and providing for much greater openness. For those reasons, I do not see the necessity for the Deputy's amendments and I will not be accepting them.

Moving on to Deputy Catherine Murphy's request, it is going back to a debate we had at Committee Stage on legislation governing access to birth, death, and marriage certificates held in the General Register Office, GRO. Section 61 of the Civil Registration Act 2004 sets out the governing rules in that regard. Following an application to the GRO, a person may search an index which is open to the public and, following payment of a prescribed fee which is currently €20, can obtain a copy, for example, of anyone's birth certificate. Clearly a certain amount of information would need to be known in order for that search to be carried out - one would have to have the basic data to conduct the search concerned.

The GRO is part of the Department of Social Protection - I note what Deputy Murphy stated in terms of the comments of the Tánaiste and Minister for Social Protection, Deputy Burton - but the GRO is subject to FOI and will remain subject to this Bill when enacted. The proposed legislation will not prevent access to the registers as provided for under the Civil Registration Act. There is complementarity between legislation in that regard. I am not quite certain of what additional legislative changes the Tánaiste is proposing. I would say Deputy Catherine Murphy is probably more up to speed on that, if she has listened to the utterance of the Tánaiste, than myself. I am sure we will discuss that when the relvevant legislative provision, if it is new, comes before the Houses. Certainly, it would have to come to Cabinet in the first instance.

See this speech in context