Dáil debates

Tuesday, 14 June 2005

Ceisteanna — Questions.

Freedom of Information.

2:30 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

Question 1: To ask the Taoiseach the number of freedom of information requests received by his Department during April 2005; and if he will make a statement on the matter. [15904/05]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

Question 2: To ask the Taoiseach the number of freedom of information requests received by his Department during May 2005; and if he will make a statement on the matter. [19038/05]

Photo of Trevor SargentTrevor Sargent (Dublin North, Green Party)
Link to this: Individually | In context

Question 3: To ask the Taoiseach the number of freedom of information requests received by his Department during April and May 2005; the way in which this number compares with the comparable periods in 2003 and 2004; and if he will make a statement on the matter. [19366/05]

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 1 to 3, inclusive, together.

Two freedom of information requests were received in my Department during April 2005. During April 2004 four requests were received and ten requests were received during April 2003. During May 2005 two requests were received. During May 2004 one request was received and 11 requests were received in May 2003.

All freedom of information applications to my Department are processed by statutorily designated officials in accordance with the 1997 and 2003 Acts and, in accordance with those statutes, I have no role in relation to the processing of individual applications.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

I suppose the Taoiseach has to try to find a different form of words to deal with these questions which come up on a regular basis, no more than supplementary questions. When a case for a claim under the Freedom of Information Act is referred to the Taoiseach's Department and refused, an applicant may appeal to the Information Commissioner at a cost of €150. Where the appeal is allowed, no refund is given to the person who made the request of, for instance, the Department of the Taoiseach. Does the Taoiseach think that adheres to the principle of fair play and fair administration? Will he consider looking at this aspect where if someone makes a request of the Department of the Taoiseach and it is refused but subsequently awarded on appeal to the Information Commissioner——

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
Link to this: Individually | In context

This question would be more appropriate for the Minister for Finance.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

This question is for the Taoiseach, and the Ceann Comhairle knows that.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
Link to this: Individually | In context

The costs involved are a matter for the Minister for Finance.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

No, the question relates to the principle of fair play and fair administration.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
Link to this: Individually | In context

Yes, it is for the Minister for Finance, even when the costs relate to the Department of the Taoiseach.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

The Chair is starting very early today. There are only three weeks left.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
Link to this: Individually | In context

The Chair is concerned because there are many questions on Northern Ireland and the Deputy is going outside the Taoiseach's remit.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

The Taoiseach is on his feet and he wants to answer. He is well able to answer the question.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

This question arose last year and the Information Commissioner highlighted it previously in a special report on the operation of the Act, which she published. I understand the Information Commissioner is more concerned about the cost of the appeal to her office than the original fee. That is the point Deputy Kenny is making. None of the changes made affected this. The cost of an appeal is approximately €150 and is similar to that in other jurisdictions. It does not seem unreasonable but it has been raised in the report of the commissioner. All these matters are examined carefully in the Department of Finance and by an interdepartmental team and this matter was also examined during the course of the year.

Photo of Trevor SargentTrevor Sargent (Dublin North, Green Party)
Link to this: Individually | In context

Will the Taoiseach indicate whether the reduction in the number of freedom of information requests to his Department have allowed him to bring about the 4% reduction in staff? Is the work related to the reduction in staff?

There were 80 freedom of information inquiries in the first quarter of 2003 but the number of requests is now in single figures. Does the Taoiseach see a need to amend the Act on the basis of the experience in his Department? It is supposed to underpin openness in government but it does not seem transparent to many people.

In his reply in April, the Taoiseach stated there were no records in respect of one of the six freedom of information requests. Was there a problem with information going missing or is there another reason that no information existed for the request?

Cuirim fáilte roimh stádas oifigiúil don Ghaeilge. An bhfuil an Taoiseach in ann a rá go bhfuil na hacmhainní Gaeilge ina Roinn le ceisteanna a fhreagairt faoin Acht agus an mbeidh sé ag súil le tuilleadh ceisteanna as Gaeilge?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

Normally if there is no information, it means there is no file in the Department, not that anything is lost. If that happened, I would specifically say so, but as far as I can recall, that has not happened since the Act was introduced.

On amendment of the legislation, each year the Department of Finance looks at the reports of the Information Commissioner and the interdepartmental group, and neither group has recommended changes this year.

My Department, in correspondence by way of telephone calls, e-mails and freedom of information requests, communicates in Irish when necessary. No extra staff were allocated to the Department for the additional work involved in freedom of information requests. It was taken on by approximately 18 people across the Department. It was divided out among key decision makers across departmental divisions. This is still the position but I assume it helps that less work is now involved. However, when one looks back over the records in my Department, many of them were in the early period where people wanted information. When personal information is involved, no fee is charged and people can still get that information. There has been a major reduction in the number of cases in the last 18 months.