Sorca Clarke (Longford-Westmeath, Sinn Fein) | Oireachtas source

I move: "That the Bill be now read a Second Time."

A well-functioning freedom of information regime is essential to any state that considers itself democratic because the fundamental principle that the public have a right to know must prevail. There is no denying or defending the poor track record that this State has when it comes to access to official State information and documentation. Just ask any of the residents who were adopted from a mother and baby home or a journalist. It is an attitude that feeds into this lack of transparency and accountability. When we have a situation where a Minister deletes official correspondence and admits to doing so, or Ministers admitting to using disappearing messaging phone apps, it must be considered that our freedom of information regime is essentially disregarded by those who should know better and those who are in power.

We cannot have a situation where Ministers are deleting correspondence or engaging with vested interests with prior agreement to not keep detailed notes. There is not even a passing resemblance of transparency in that, yet it happened. It is one thing to talk about transparency and openness in politics and it is an oft-repeated refrain from members of the Government. However, the irony that seems lost on them is that while they talk about it, they preside over Departments that treat freedom of information, FOI, requests almost as a personal affront.

The variability in the level of disclosure among Departments is astounding. Decisions to refuse FOI requests returned on appeal are astounding. In some instances, we have been told that information does not exist only for it to be discovered later. Some would call this approach obstructionist.

In a swiftly becoming time-honoured tradition, the Government wants to kick this Bill down the road. It is the same old story. The Standards in Public Office Commission, SIPO, has been calling for increased powers for years yet unfortunately these calls have falling on the deaf ears of successive Governments. My party's Bill seeks to allow SIPO to investigate those who recklessly and repeatedly fail in their FOI obligations.

Increased accountability is not a bad thing unless you have something to hide. This Bill will help broaden the current remit of FOI by requiring the Minister to conduct an annual review of public bodies to see whether they need to be brought more fully under FOI's remit. This would allow the Minister to bring public bodies that are only partially under FOI more fully under the Act. It would help to ensure that public bodies act consistently and appropriately when fulfilling their FOI duties. It would also ensure there is no time gap in FOI coverage. Where a company becomes a public body, it would be immediately brought under the Freedom of Information Act. There would be no period of six months' exclusion, as we have seen with the Land Development Agency.

We need to provide SIPO with the power to investigate those who are failing in their obligations. There is simply no justification in the Government amendment to put this off for nine months. The freedom of information regime is failing and that is recognised, not only in this House but where the impact is felt most, that is, by the public.

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