Réada Cronin (Kildare North, Sinn Fein) | Oireachtas source

It is really disappointing to see the Government's amendment, which kicks the can down the road for another nine months. It is another example of the approach of "pretend and extend". It is said that knowledge is power in any Administration, particularly one involving sensitive State documents that may be leaked to personal friends, erased text messages, deletion of official correspondence, sharp violation of the freedom of information legislation and exorbitant pay rises accepted or forgone. The public needs to know about it. The so-called Zapponegate exposed a freedom of information system in crisis. The State has a long and patriarchal view of public information and the public's right to access it. Taking the example of the mother and baby homes, the attitude unfortunately persists in the treatment of adopted people and their access to full information about themselves.

Generally speaking, the launch of the freedom of information process in 1997 was a welcome change to the patriarchal "know better" attitude of the State to citizens seeking information that would become their right. I commend my comrades, Deputies Mairéad Farrell and Clarke, because they are really anxious to broaden that further. We seek greater accountability and specifically we would like to see a distinct role for SIPO. The Office of the Information Commissioner should be able to refer cases and complaints to SIPO where bodies are considered to have failed to have fulfilled their obligations under the relevant Acts, either recklessly or negligently. Such a role for SIPO is necessary and could easily be achieved.

Our Bill also addresses the arbitrary nature of releases from Departments under the freedom of information process, where for the requester luck can sometimes supersede rights, as interpretations differ so widely on what is covered and released, with redactions and the withholding of information being so frequently overturned on appeal. One must wonder what is the process. In a functioning democracy, freedom of information and access to it are critical and every effort should be made for this to be achieved by the public, non-governmental organisations, academics and other interested bodies. It is how power and the use of it can be held to account.

The Maurice McCabe scandal and the public services card trespass into personal data and privacy was mentioned. I ask the Government where is the political will to tackle this? If there is a will to tackle this, there can be a way to do so. The Government should give SIPO a role.

Our Bill also requires the Minister to do an audit on public bodies to assess whether they need to be brought more fully under the remit of freedom of information and therefore into public scrutiny. Within this process, vital bodies such as the Garda and RTÉ could be brought more fully under the scope of the Act. Our Bill also seeks to close the gap in freedom of information coverage. Once a company or body becomes a public body, it would immediately enter the scope of the freedom of information legislation and not be excluded for six months, as is currently the case. I heard the Minister of State's comments but when the Land Development Agency was set up it was initially not subject to freedom of information for six months.

What my comrades are proposing for FOI is important for the public and for democracy itself. We need to move to an inclusive and democratic right to know over the exclusive and sometimes patriarchal need to know. I hope the Minister of State will reconsider his amendment.

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