Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I am not familiar with the specifics of the freedom of information request to which Deputy Micheál Martin referred. I imagine there has been little contact with media owners and probably a lot with individual journalists and editors. I will, however, check on that because it is not something that I am familiar with or that I have been briefed about. Regarding personal emails, the Department has a policy on the use of personal emails. I am complying with it and I expect everyone in the Department to be complying with it. There is no absolute prohibition on the use of personal emails. That is not practical. Occasionally, the email system is down but, more often, people email other people on their personal email when they really should not be doing that. They should be using their work email. It is the practice, however, that where something is a matter of public record then a public record must be created. That is usually done by forwarding or copying the email to an official to ensure that the public record is created.

I am not fully briefed on the case law to which the Deputies have referred. I understand that one of those cases may already be on appeal. I got a note on it, which I read last week. This is complicated legislation that does not fall directly under my remit and I am not sure that I fully understand the implications of the legislation. My colleague, the Minister for Public Expenditure and Reform, Deputy Donohoe, is responsible for the Freedom of Information Acts. I am told that he is well aware of the recent court judgments and he has informed me that the central policy unit for freedom of information at his Department is closely monitoring the situation to determine the impact these judgments will have on the system in reality and in practice. I also understand that the Minister is satisfied that the updated and consolidated freedom of information system introduced under the 2014 Act is operating well. He does not see a basis on the currently available evidence to consider amending legislation at this time. He assures me, however, that appropriate action will be taken, if necessary, in order to ensure its effective functioning now and in the future.

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