Enda Kenny (Mayo, Fine Gael)
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Question 1: To ask the Taoiseach the number of freedom of information requests which were processed by his Department during 2006; the number which have been acceded to; and if he will make a statement on the matter. [43875/06]

Enda Kenny (Mayo, Fine Gael)
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Question 2: To ask the Taoiseach the number of freedom of information requests received by his Department during 2006; and if he will make a statement on the matter. [43907/06]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 3: To ask the Taoiseach the number of freedom of information requests received by his Department since June 2002; the number granted and the number refused; and if he will make a statement on the matter. [3725/07]

Pat Rabbitte (Dublin South West, Labour)
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Question 4: To ask the Taoiseach the number of freedom of information requests received by his Department in January 2007; if he will provide the figures for the same month in each year from 2002 to 2006; and if he will make a statement on the matter. [3856/07]

Trevor Sargent (Dublin North, Green Party)
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Question 5: To ask the Taoiseach the number of freedom of information requests received by his Department in 2006; and if he will make a statement on the matter. [6306/07]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 1 to 5, inclusive, together.

I propose to circulate in the Official Report the information requested by the Deputies regarding freedom of information requests received in my Department.

All freedom of information applications received in my Department are processed by statutorily designated officials in accordance with the Freedom of Information Act 1997 and the Freedom of Information (Amendment) Act 2003. In accordance with those statutes, I have no role in processing individual applications.

Enda Kenny (Mayo, Fine Gael)
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The Government introduced a number of changes to the Freedom of Information Act 1997. Departments other than the Department of the Taoiseach have made it difficult for people to get information and, in a number of cases, the Information Commissioner has overturned the rulings of those Departments.

Is the Taoiseach satisfied that every request made to the official in his Department responsible for freedom of information is processed in an open and flúirseach manner? While the Department clearly would not want to share sensitive information about national security, is every request treated as openly as possible?

Why does it remain the case when a freedom of information request is allowed on appeal that the person making the application has to pay? It seems somewhat harsh that a person has to pay if he or she is first turned down under the Freedom of Information Act but then receives the requested information on appeal.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is a question for another member of the Government.

Enda Kenny (Mayo, Fine Gael)
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I have a third question. The Ceann Comhairle upset me with a shot from the left wing.

When is it proposed to extend the list of agencies and organisations that are subject to the Freedom of Information Acts?

Bertie Ahern (Dublin Central, Fianna Fail)
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As for the first question, my Department has a centralised system whereby, in the first instance, all freedom of information requests go to a designated official before being sent to the designated officers in various sections. It forms part of their ongoing work and no one is assigned specifically to such duties. While there is a statutorily designated officer in each section, it forms part of his or her duties with a range of other matters.

Last year, only three out of the 54 requests received by my Department were refused. I understand that all the others were either fully or partially granted. Two were withdrawn and three had no records. I am satisfied that such requests are dealt with fairly quickly.

Section 20 certificates provide for a mandatory exemption for records in respect of which the Secretary General of a Department certifies they are part of an ongoing departmental deliberative process. As far as I am aware, no such certificates have issued from my Department and I understand that one was issued by the Department of Justice, Equality and Law Reform. Hence, this feature has not been used widely. Moreover, only a few refusals pertaining to security matters have been made. The issues were genuine and included issues pertaining to the Special Criminal Court.

The fees structure is a matter for the Minister for Finance in the first instance. However, the current system was introduced following a review that considered all the options. A fee of €15 is very modest, particularly when compared to the estimated average cost of the time involved at €425. This figure would be greater now because it has not been updated to take account of increased salary rates during the four-year period.

It is also important to point out there is no charge for the time involved in making a decision on a freedom of information request although most other jurisdictions have such a charge in addition to the application fee. Moreover, there is no charge for access to personal information. While a significant decline took place in such requests to my Department after the changes in 2004, the subsequent figures have increased by 30% and I understand this upward trend continues.

Regarding appeals, it costs €75 for an internal appeal and €150 for an appeal to the Information Commissioner. Significant reductions apply in respect of medical card holders — €25 and €50, respectively — and appeals concerning personal information are entirely exempt from such fees. An appeal to the Information Commissioner is a quasi-judicial process that may require many months of work to complete and can entail a considerable amount of work for officials. The view is that this fee constitutes a fair reflection of the nature of the appeal process and of the costs and time involved.

It is also important to note that a person who appeals to the commissioner will receive a preliminary decision, which is a fairly good indication of the likely final decision. Even at that late stage in the process, the requestor can withdraw the appeal and obtain a full refund of the fees. This system is understood by such appellants because approximately one third of the appeals are now withdrawn at that point. People are entitled to use the system so they withdraw at this point and secure a refund of their fees.

Pat Rabbitte (Dublin South West, Labour)
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Why does the Government not apply the Act to the Garda Síochána?

Bertie Ahern (Dublin Central, Fianna Fail)
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While that is a matter for the Minister for Justice, Equality and Law Reform, last summer an additional 130 bodies and groups were brought within its scope. Almost all of the bodies under the aegis of my Department, with the exception of the Law Reform Commission which is still under review, were brought within its scope. Each Department must examine it. To the best of my knowledge, there are no plans to extend the Act to the Garda Síochána but I think the position is due for review this year. I do not know whether any change will be made but it is due to be looked at again this year.

Pat Rabbitte (Dublin South West, Labour)
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Has the time been reached when the Government, consistent with requirements for security, ought to apply the provisions of the Freedom of Information Act to the Garda Síochána?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That matter does not arise from this question. It is a question for the line Minister. I ruled against Deputy Kenny on a similar issue.

Pat Rabbitte (Dublin South West, Labour)
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Is it time that——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to confine himself to questions relating specifically to the Taoiseach's Department.

Pat Rabbitte (Dublin South West, Labour)
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Is the Taoiseach satisfied with the extent to which legislative provisions are inserted in legislation to circumvent the provisions of the Freedom of Information Act?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach on his Department.

Bertie Ahern (Dublin Central, Fianna Fail)
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It is not the case in my Department. We have extended the number of bodies which come within the remit of the Freedom of Information Act and I have only one left, namely, the Law Reform Commission which, as I mentioned, is being examined. Other areas are also being examined this year.

Trevor Sargent (Dublin North, Green Party)
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As the Taoiseach stated, the Law Reform Commission comes within his Department's remit. There is a relationship also with the Garda Síochána. There is reason to ask the question. I support including the Garda Síochána within the remit of the Freedom of Information Act. On the last occasion this issue arose the Taoiseach also stated he was considering extending the Act to the Law Reform Commission. No decision has yet been made. Will he give an indication of the timeframe within which he will make a decision? It seems pointless for us to keep asking the same question and for him to keep giving the same answer. We are going around in circles and wasting valuable time in the process. Will he give an answer as to when we will know the answer to the question on the Law Reform Commission?

Since we last asked this question, the Department of Finance issued a directive on the implementation of freedom of information requests to do with fees and the number of topics which can be covered by one fee, which it is hoped will make the position easier. Will the Taoiseach elaborate on whether his Department will implement this directive? Has it been implemented? Will he make recommendations to the Department of Finance as to what improvements could be made to ensure greater transparency, given the complaints from the Information Commissioner that following the introduction of fees, there was a considerable fall-off in the numbers of requests made. The number of journalists' requests fell from 3,000 in 2001 to 1,000 in 2005.

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

Trevor Sargent (Dublin North, Green Party)
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Indeed. Will the Taoiseach provide us with information on implementing the directive from the Department of Finance?

Bertie Ahern (Dublin Central, Fianna Fail)
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There is no connection between the Law Reform Commission and the Garda Síochána but as I stated, both bodies, with others, are up for review this year. The Law Reform Commission, while under the aegis of my Department, has a certain independence. I understand discussions are ongoing between my officials and the commission. It is a matter for them to resolve. I do not have any difficulty with it, as I stated previously.

Regarding the issue of procedures, as I understand it, all of the improvements suggested by the Department of Finance have been made in my Department. In the case of the Department of the Taoiseach, the functions of general examination and primary decision making have been delegated by order, as envisaged in the Act, generally to assistant principal officer grade. A few higher executive officers are in specialist areas and the function of internal review has been delegated to officials of not below principal grade. That fulfils the criteria set. The number of staff allocated to deal with FOI requests in addition to normal duties is 18. These are key decision makers across divisions, mainly at assistant principal level.

One higher executive officer, the freedom of information liaison officer I mentioned earlier, is responsible for receiving and monitoring requests and general co-ordination of the requirements under the Act as they relate to this Department. That keeps a flow going and the system together.

Two assistant secretaries and four principal officers are responsible for the internal review process. The various stages laid down by the Act, and the criteria set out by the Department of Finance, leave the primary decision with assistant principals in the Department, internal review with principal officers or higher and a review by the Information Commissioner. If there was an appeal it would go to the High Court.

As I said to Deputy Kenny, having stabilised and declined in 2003 when changes were made to the Act, requests made through the Act are up approximately 30% in my Department.

Arthur Morgan (Louth, Sinn Fein)
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Would the Taoiseach agree that requests for information under the Freedom of Information Act are adversely affected by Departments bringing in Bills that effectively change the Act? That is regularly done without reference or consultation with the Information Commissioner. Has the Taoiseach acted on this recently as the Information Commissioner addressed the matter in her 2005 report? In the case of the Safety, Health and Welfare at Work Act 2005, for example——

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

Arthur Morgan (Louth, Sinn Fein)
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——it was only brought to the attention of the Information Commissioner by a member of the public.

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

Arthur Morgan (Louth, Sinn Fein)
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Has the Taoiseach acted to adjust this?

Bertie Ahern (Dublin Central, Fianna Fail)
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I complied with the Information Commissioner's stipulations and the Department of Finance guidelines. I have not done anything to restrict other issues, which have been covered in legislation. To the best of my knowledge I have not heard of any difficulties with any of them.