Mairead Farrell (Galway West, Sinn Fein) | Oireachtas source

We can see from the Government amendment that it is, at best, kicking the can down the road by having a Second Reading in nine months and, at worst, shooting this legislation down.

As I have said previously to the Minister of State at the Department of Public Expenditure and Reform, Deputy Ossian Smyth, we are here to offer solutions. The Government asks us to offer solutions.

However, it is fair to say the Government just is not interested in our solutions, even on occasions such as today when we explicitly state that we are willing and happy to work with it. The Minister, Deputy Michael McGrath, stated yesterday at committee that he judges each and every Bill on its own merits, but he and the Minister of State should also judge each Bill in light of the Stage it is at in the Dáil. We are here on Second Stage of this Bill brought forward by me and Deputy Clarke. If it is allowed to proceed to Committee Stage, we will be able to work on any issues the Ministers have. We could consider amendments and different provisions. We could work together constructively on this and then everyone would be a winner.

The review of the FOI regime was announced by the Minister, Deputy Michael McGrath, back in June. I made a detailed submission on it, trying to be constructive on my end. It should be noted, however, that when the Minister announced the review, he told us the regime was robust and functioning well. Obviously, we then had the likes of Zapponegate, in which it appears that official correspondence was deleted. It was clear the regime was in crisis well before that but at that point it became extremely clear. I will never forget listening to "Morning Ireland" last September and hearing the Tánaiste state the Minister was due to announce a review of the FOI legislation. Of course, he knew the Minister had already announced the review in June of that year. That showed the lack of urgency and understanding of the importance of FOI there was and is at the Cabinet table. We need to put a new and important emphasis on it.

We have known the regime has been in crisis for a long time. In 2018, The Irish Timescarried the headline, "Freedom of Information: 'Unacceptably high' response-time failures." In 2019, a headlineon thejournal.iestated, "The Freedom of Information Act is dead". In February 2020, the month in which I was elected, the top law firm Byrne Wallace published an article entitled, "Is Ireland’s Freedom of Information Act facing an existential crisis". As the Minister of State is aware, I have had quite an interest in FOI for some time. In 2021, I conducted a survey with some of the top investigative journalists and transparency campaigners in the State. The results were undeniable and damning. That surely made it clear to anyone with any lingering doubts that there had been a lack of emphasis on FOI and the FOI regime was in crisis.

We have a real opportunity with this Bill. The ongoing FOI review and the wider review of the ethics framework are important but we need to look at the role FOI will play in improving transparency and accountability. Will it be broadened, deepened and reinvigorated? What role will the Standards in Public Office Commission play in respect of those who are failing in their obligations under the FOI Act? Will it continue to be a body that regularly asks for increased powers but rarely gets them, or will it become a new force for transparency and accountability, as envisioned by the Public Sector Standards Bill which every party in this House supported? Our Bill would empower SIPO to investigate complaints in respect of those who are failing in their FOI duties. I acknowledge that at the committee yesterday, the Minister, Deputy Michael McGrath, mentioned concerns regarding how exactly that would happen but I again make the point that it is on Committee Stage that those concerns can be addressed. Let us have those conversations and work together to thrash these things out. That is what committees can and should do.

Our Bill would require the Minister to conduct an annual review to ascertain what public bodies need to be brought more fully within the remit of FOI. For example, some public bodies are only partially under FOI. It would also ensure there is no time gap in FOI coverage. As we know, certain bodies do not fall under it for the first six months. That is an issue of concern. Under the Bill, public bodies will come straight under the remit of FOI. The Bill also attempts to bring back within the remit of FOI pension information in respect of retired taoisigh, tánaistí and Ministers. While the Minister also expressed concern in that regard yesterday, we are more than happy to sit down with him and the Minister of State and their officials to listen to their concerns, as would be done if the Bill moved to Committee Stage. We need to allow that to happen. We need to allow the Bill to pass Second Stage because we have a real opportunity here, especially in light of the ongoing FOI review and the review of the ethics frameworks.

I acknowledge the Minister, Deputy Michael McGrath, has a particular interest in this issue and conducted the review in June. However, I am also aware we need quick action on that because not every Minister will always have an interest in FOI. The Minister has such an interest, as does the Minister of State, Deputy Ossian Smyth, so let us do something about this urgently. Let us act on it now and bring the Bill drafted by me and my colleague to the next Stage in order that we can ensure there are amendments and this is progressed. The review was announced in June, many months ago. What we need now is action on it because it is not something new. Anyone who has had an interest in FOI has known there have been concerns and issues. We need to act on it. As the Minister has carried out extensive engagement on the issue, let us act on it. Let us bring the Bill to Committee Stage and have that conversation and we can work together pragmatically. I would like the Minister of State to refrain from moving the proposed amendment in order that we can bring the Bill to Committee Stage. It is important. We can work together. Is that not what this Chamber is all about - Deputies working together to get good legislation for the benefit of people?

See this speech in context