Enda Kenny (Mayo, Fine Gael)
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Question 7: To ask the Taoiseach the number of freedom of information requests received by his Department during February 2006; and if he will make a statement on the matter. [9143/06]

Trevor Sargent (Dublin North, Green Party)
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Question 8: To ask the Taoiseach if the year to date figures for freedom of information requests received by his Department will be updated; the way in which this compares with the comparable figures in 2004-05; and if he will make a statement on the matter. [10188/06]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 9: To ask the Taoiseach the number of officials within his Department responsible for dealing with freedom of information requests; the separate responsibilities of each in this regard; and if he will make a statement on the matter. [10568/06]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 7 to 9, inclusive, together.

Following is the information requested by the Deputies on the statistics regarding freedom of information requests received in my Department. In my Department, the number of staff allocated to deal with freedom of information requests is one higher executive officer, who is the freedom of information liaison officer and is responsible for receiving and monitoring requests and co-ordination generally of requirements under the Act as they relate to this Department; 18 key decision makers across divisions, mainly at assistant principal level, who are responsible for general examination and primary decision making; and two assistant secretaries and two principal officers who are responsible for the internal review process. 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 the processing of individual applications.

Enda Kenny (Mayo, Fine Gael)
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I wish to ask the Taoiseach two questions about this. In February last I questioned him about the situation which had occurred whereby the Health and Safety Authority's enforcement functions had been removed from the provisions of the Act and that the Information Commissioner was only told that by a member of the public. I understand that since then the Department of Finance has written to all Secretaries General——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The question relates to the Taoiseach's Department.

Enda Kenny (Mayo, Fine Gael)
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——including the Secretary General of the Department of the Taoiseach.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is where this question belongs.

Enda Kenny (Mayo, Fine Gael)
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Yes. I knew the Ceann Comhairle would come around at me some way or other. That is why I wanted to put that in. My question to the Taoiseach is this. Can he confirm that the Department of Finance has written to the Secretary General of his Department requesting that any development within his Department which might impact upon the Freedom of Information Act would be made known to the Department of Finance forthwith?

My second question relates to the issue of fees for appeals in respect of the Taoiseach's Department and, indeed, all others. If somebody applies to his Department under the Freedom of Information Act, is refused for whatever reason and appeals that decision, the cost of appeal is €150. If the Information Commissioner allows the appeal, there is no rebate to the person who makes that successful appeal.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is a matter for the Minister for Finance.

Enda Kenny (Mayo, Fine Gael)
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Is it practical, commonsense and fair if an appeal is allowed by the Information Commissioner in the case of a freedom of information request to the Taoiseach's Department, where there are a small number of refusals, that the appeal charge be repaid to the person who lodged the successful appeal?

Bertie Ahern (Dublin Central, Fianna Fail)
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Deputy Kenny did raise the first issue with me. As he will recall, I was not aware of it either. I understand the situation was changed in that regard to facilitate litigation. Action has been taken since then to highlight the matter. A further process exists through which aspects of legislation that curtail freedom of information are examined by the Joint Committee on Finance and the Public Service and reported to the Department of Finance and the Information Commissioner. The latter has considered the reports made by each Department and Minister to the joint committee. I have outlined the areas of non-disclosure in my Department, which pertain to the National Archives Act 1986, and I understand that the commissioner has no problem with these because the information in question is usually withheld for security reasons.

On the second issue, an internal appeal to my Department costs €75 at most, while an appeal to the Information Commissioner costs €150. The cost for medical card holders is €25 and €50, respectively. Appeals concerning personal information are entirely exempt from those fees. An appeal to the Information Commissioner is a quasi-judicial process, the completion of which can take many months involving a considerable amount of work. The procedure followed by my Department is a fair reflection of the system. The cost of a first appeal is €15 and there is no cost for personal information. As the cost of processing is in the order of €425, I do not think the charge is unreasonable.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Does the Taoiseach share the concern of many in this House about the report of the Information Commissioner on the working of the Freedom of Information Act, in particular, the continued exclusion of critical areas——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise from this question. We will proceed with questions to the Minister for Defence.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With respect, why is that so?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should put a question to the Minister for Finance. This is a very narrow question, referring specifically to the Taoiseach's Department.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Taoiseach either shares the concern or he does not. I will ask a different question, although the Ceann Comhairle may rule it out of order. Does the Taoiseach share the concern of Members about the use of the public-private partnership approach to conceal information on public policy and the utilisation of public money?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise from this question.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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If the Taoiseach does not have a response, I ask him to give some thought to this important issue. He should consult Ulick O'Connor the next time he meets him.