Enda Kenny (Mayo, Fine Gael)
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Question 9: To ask the Taoiseach the number of freedom of information requests received by his Department during February 2004; the way in which this figure compares with the same month in 2003; the fees paid to his Department; and if he will make a statement on the matter. [7583/04]

Trevor Sargent (Dublin North, Green Party)
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Question 10: To ask the Taoiseach the number of freedom of information requests received by his Department for the first three months of 2004; the number acceded to by his Department; the way these figures compare with the figures in 2003; the fees paid to his Department; and if he will make a statement on the matter. [8597/04]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 9 and 10 together.

There were 11 freedom of information requests received in my Department for the first three months of this year as compared with 80 requests received for the same period last year. All requests for the first three months of this year have been acceded to. Eight freedom of information requests were received during February 2004 compared with 29 for the same period last year.

A total of €435 in application fees has been paid to my Department since the introduction of the fee charge in July 2003. All requests received in my Department are processed in accordance with both the 1997 Act and the 2003 Act, and their implementation is kept under constant review.

Enda Kenny (Mayo, Fine Gael)
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In the past five months of 2003, there were 21 freedom of information requests received in the Department of the Taoiseach. That compared with 61 requests received from August to December 2002, which represents a net reduction of approximately 66%. The Information Commissioner stated that she has concerns about the decrease in the number of requests and, if the decline continues, it will have serious implications for the Freedom of Information Act.

Given that there was a 66% reduction in requests to his Department, does the Taoiseach feel the expression of concern by the Information Commissioner impacts on his Department? Does he feel the regulations and conditions of change introduced by the Government have strangled the Freedom of Information Act? Does he propose to ease the regulations or restore the flexibility which existed heretofore?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That question is more appropriate to the Minister for Finance.

Bertie Ahern (Dublin Central, Fianna Fail)
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As the Deputy knows, the numbers were in decline. The areas of the Act with which we thought there might be difficulties, namely, sections 19 and 20, have not presented any. As can be seen from the total figure of €435 which I gave, it cannot have had much effect on the personal applications. As the Deputy knows, there is no cost for cases or appeals in which people seek personal information. Therefore, there is no change. Furthermore, no certificates have been issued under section 19, which we debated in the House, in respect of exempt records of Government meetings. No certificates have been issued under section 20 by my Department and I do not think any have been issued by other Departments. However, that is a matter for the Department of Finance. It is apparent from the figures that the main change is that the Act is being used less as a scoping method.

Trevor Sargent (Dublin North, Green Party)
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The Information Commissioner has been highly critical of the 2003 changes. Has the Taoiseach met Ms O'Reilly on this issue and when does he expect her report? I understand she has promised a review of the amended Act in June. Is it now time to re-examine the charges which have been made? One individual spent more than €3,000 trying to extract information which was not for personal gain. Does the Taoiseach not agree that a refund might be in order if — as is the case in this instance — the person in question is found to be operating in the public interest without any agenda, either from a journalistic or any other point of view? It is too much to ask a person to pay €3,000 to get a right to information. Is this not more like a pay-per-view service rather than a right to information service?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This question relates specifically to the Department of the Taoiseach and the Act itself is the responsibility of the Minister for Finance.

Bertie Ahern (Dublin Central, Fianna Fail)
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That is the point. Any meetings will be between the Information Commissioner and the Department of Finance.

We based the Act on the experience in other countries and when one compares the charges in those other countries against those here, they are still very low. Admittedly, it is a great deal if someone spends €3,000. I do not know the circumstances of that case but even though there is an enormous burden of information, the entire figure in my Department is €400 for almost a year.

Pat Rabbitte (Dublin South West, Labour)
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Has the Government made any assessment of the impact of the legislative amendments made to the original Act? What is the Taoiseach's impression of commercial enterprises or professionals who were said to be using the Act to assimilate and accumulate information which was commercially advantageous to them in the cheapest possible way? Is that practice continuing or has it fallen off?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The question refers specifically to the Department of the Taoiseach.

Bertie Ahern (Dublin Central, Fianna Fail)
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I can answer for my own Department because it is easy to do so. The answer is "yes". Companies have stopped using the Act even though the costs are low. Due to the practice being highlighted so much in the debate and in various discussions, it is not being used by commercial interests. Some companies were using it as a service to gather the information but that practice has ceased.