Enda Kenny (Mayo, Fine Gael)
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Question 1: To ask the Taoiseach the number of freedom of information requests received by his Department during November 2007; and if he will make a statement on the matter. [34140/07]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 2: To ask the Taoiseach the number of freedom of information requests received by his Department during November 2007 and the comparable figure for November 2002; and if he will make a statement on the matter. [35285/07]

Enda Kenny (Mayo, Fine Gael)
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Question 3: To ask the Taoiseach the number of freedom of information requests which were processed by his Department during 2007; the number which have been acceded to; and if he will make a statement on the matter. [3535/08]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 4: To ask the Taoiseach the number of freedom of information applications received in his Department during 2007; the way these figures compare with the same period in each year since 2002; and if he will make a statement on the matter. [36122/07]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 1 to 4, inclusive, together.

I propose to circulate in the Official Report the information sought by the Deputies regarding the statistics on 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 1997 and the 2003 Acts and, in accordance with those statutes, I have no role in regard to processing individual applications.

Enda Kenny (Mayo, Fine Gael)
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The Taoiseach has rehearsed that reply on several occasions. Does he have a view on whether the time has come to review the charges for freedom of information requests, which appear to be a significant factor in people deciding against submitting requests? Is there any intention of reconsidering the question or am I to grow tired asking it?

Does the Taoiseach wish to comment on the freedom of information released by the Department of Finance which revealed that an acquaintance of his, a gentlemen by the name of Mr. Turner, claimed that he received tacit approval from the Taoiseach for the construction of a major project in the Phoenix Park. I am aware the issue does not strictly concern the Department of the Taoiseach but he may wish to comment.

Arising from his reply to Deputy Gilmore, can we find out when the Minister for Health and Children was made aware of the theft of the laptop in the United States? I am aware the matter does not directly concern the Taoiseach's Department.

Bertie Ahern (Dublin Central, Fianna Fail)
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The dates I gave on that issue were the dates I got from the Irish Blood Transfusion Service. I would say the Department of Health and Children was informed at the same time. In fairness to the organisation, it acted promptly. It is clearly concerned about its own security and credibility and the importance of the good work it does. It has been very careful. Its representatives have said they would be happy today to answer questions. To the best of my knowledge, the organisation worked promptly and speedily to deal with the issue because of its importance.

As Deputy Kenny said, I answered this question on numerous occasions. The fees are a matter for the Minister for Finance, who has made clear that he has no plans to review them. The prices have not changed for the past five years and I do not think he is reviewing them upwards. The current system was introduced almost exactly five years ago. At €15, the fee is modest, particularly when compared with the estimated average cost of processing freedom of information applications, which was €425 at the time. The cost has not remained at that level but has probably increased to €600. Requests for personal data are free. The Deputy will be glad or sad to hear that the number of requests made to my Department is drifting upwards again. The figures were very high in the first few years and they have increased again to more than 70 compared to 45 made when the fees were first introduced. The figures in respect of the first year or year and a half were false because people made requests about old data. The number of requests subsequently fell to the 40 to 50 range but it has increased again to more than 70.

On the other issue, which is not strictly relevant but in case the Deputy thinks I will not answer it, the development planned at the time minus the casino probably would have been better than what is currently on the site. The casino was never a runner in the form proposed by Mr. Turner. I often wonder, as a matter of interest, what would have happened if he had done what everyone else did. We all argued at the time that we could not change the law for casinos but now we seem to have casinos all over the place even though we never changed the law, so it is an interesting point.

Enda Kenny (Mayo, Fine Gael)
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Acres of slot machines were not to my liking. Will the Taoiseach categorise the 70 claims made to his Department? Were they made in respect of questions to the Department of the Taoiseach? How many are personal requests from employees of the Department or are they inquiries about the Department's obligations and responsibilities?

Bertie Ahern (Dublin Central, Fianna Fail)
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The breakdown is usually between individuals and journalists. Personal data comprises approximately half the requests. Other Departments receive a large number of requests from business interests but that is not relevant to my Department.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What is the procedure in the Department of the Taoiseach for reviewing the operation of the Freedom of Information Act? Is there a cross-departmental process for monitoring and reviewing freedom of information requests either in place or planned?

It is almost a year since we received the report of the Information Commissioner wherein she outlined a list of suggestions aimed at improving the operation of the Freedom of Information Act. What view has the Taoiseach taken of some of her specific suggestions? What was his reaction to the recommendation that fees for internal review of freedom of information decisions and appeals to her office should be brought into line with that applying in other jurisdictions, where there is either no charges or a nominal fee? What is his position on her recommendation that such fees should be refunded in the event of a successful appeal of a decision made by a public body?

I selected the aforementioned recommendations from the several made by the Information Commissioner, who also recommended that the Freedom of Information Act should apply to all records held by the Health and Safety Authority. The Taoiseach will recall that the authority's enforcement records were removed from the scope of this Act in 2005. These are very important recommendations. What position has the Taoiseach, his Department and the Government taken in relation to the recommendations of the Information Commissioner in her report of just a year ago and will changes be introduced on foot of them?

John O'Donoghue (Kerry South, Ceann Comhairle)
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I remind Deputy Ó Caoláin that overall responsibility for the management of the Freedom of Information Act rests with the Minister for Finance and the determination of fees is also a matter for the Minister.

Bertie Ahern (Dublin Central, Fianna Fail)
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That is true of most of the questions asked by Deputy Ó Caoláin. Specific recommendations about appeals, access and other issues that have been made by the Information Commissioner are for the Department of Finance and a question to that Department will elicit considerations it has on them.

In my Department, designated senior people act as freedom of information adjudicators. Freedom of information requests come into a central location and a designated officer circulates the information to designated persons in the various sections. The information is supplied from the sections for co-ordination purposes and a reply is issued. The Department does all it can to provide as much information as possible. In my Department, only one or two areas are excluded from the archives Act of 1935 and all the other information is permissible. If it has the information, it is provided through an individual who acts as co-ordinator. That is how the system works.

An issue arises with regard to cases where records either do not exist or cannot be found. The Information Commissioner made a number of recommendations that are relevant to my Department and other Departments. My Department closely follows the records management guidelines set out by the Department of Finance and has access to the services of a fully qualified archivist to advise on all aspects of records management. Of a total of 1,274 applications, the number of cases where records could not be found stands in single figures. When processing requests the Department follows the guidelines set out in the FOI decision makers manual. It is seldom that the relevant officials are not able to provide the information requested, particularly if there are no barriers to such information being released.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I appreciate the note of caution sounded by the Ceann Comhairle in respect of this matter. Have the Taoiseach and his officials considered the recommendations of the Information Commissioner in the context of their effect on FOI vis-À-vis his Department? Has an assessment been carried out in respect of the impact of the introduction or implementation of her recommendations regarding the operation of FOI within the Department? Does the Taoiseach, as head of his Department, have a view on her recommendations regarding fee structure changes, particularly her assertion that fees be refunded in the event of a successful appeal in respect of a decision made by any public body?

I do not believe all of these matters can be kicked to touch in the Department of Finance but I accept the Ceann Comhairle's point. In the case of the Department of the Taoiseach, surely some consideration — even if it only amounted to a scant examination of the potential effect of the introduction of these changes — has been given to this issue.

Bertie Ahern (Dublin Central, Fianna Fail)
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The ninth report of the Information Commissioner is her most recent. All of the issues relevant to my Department would have been examined by the relevant officials. There are 18 key decision makers at assistant principal level across the divisions of my Department. Outside of the directives issued by the Department of Finance, any of the commissioner's recommendations relating to processing, retrieval, etc., would be considered and taken into account. Cognisance is taken at all times of the recommendations of the Information Commissioner. That is done as a matter of course by the individuals in the Department who are involved in this process.

Deputy Kenny requested the most recent figures. During the past year a significant majority of requests — 62% — were submitted by journalists. Other interests account for 25%, while between 5% and 8% of applicants were Oireachtas Members.

Joan Burton (Dublin West, Labour)
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Does the Taoiseach believe that the original Freedom of Information Act, introduced on behalf of the rainbow coalition by former Minister of State and Deputy, Eithne Fitzgerald, contributed to the climate of openness in this country that has been extremely important to our economic and social development? Does he agree that since the gutting of the Act by his Government in 2003 — pandering to senior civil servants who do not want the files to be opened — there has been, at massive cost to the public, a spiralling increase in the number of tribunals and inquiries? To date, €1.7 billion has been paid out in respect of various inquiries. In many cases, if people had received the necessary information, explanation, apology and, perhaps, restitution, the Government would not have been obliged to spend money at the level it has been spending it.

If the Government had a positive approach to freedom of information, we could reintroduce the climate of openness to which I refer. I accept that pesky journalists might ask detailed questions about particular elements of Government. Is that a major price to pay for restoring a climate of confidence and openness and a sense that the country is going places? When the Government gave in to senior civil servants, it allowed them to regain control of the files and restore the type of secrecy many of them have been trained to love.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I remind Deputy Burton that the management of the Freedom of Information Act is a matter for the Minister for Finance. In such circumstances, the Deputy's questions to the Taoiseach are somewhat inappropriate. However, I will allow the Taoiseach to pick and choose which questions he wishes to answer.

Joan Burton (Dublin West, Labour)
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The Taoiseach is the leader of the Government. This matter revolves around how the Government does its business with the public. We want an open democracy, the key element of which is accountability. It is not possible to have accountability unless there is a degree of openness. The Taoiseach is hiding.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The principle is——

Joan Burton (Dublin West, Labour)
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Last year, 70 people asked questions of his Department.

John O'Donoghue (Kerry South, Ceann Comhairle)
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——not at issue here. The question is whether——

Joan Burton (Dublin West, Labour)
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The principle is at issue.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is not at issue because no one is arguing with the Deputy.

Joan Burton (Dublin West, Labour)
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The Freedom of Information Act has been gutted. It has been closed down.

Micheál Martin (Cork South Central, Fianna Fail)
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It has not been gutted. The Deputy should stop misleading the House.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is a question of the Chair enforcing Standing Orders. The management of the Freedom of Information Act is a matter for the Minister for Finance. I am merely stating the factual position for the Deputy. I am taking no sides, I am merely outlining the situation for her.

Joan Burton (Dublin West, Labour)
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Does the Government propose, in line with the recommendations of the Information Commissioner, to extend the Freedom of Information Act to a number of bodies such as the Garda Síochána? If it does not propose to do so, will the Taoiseach indicate why that is the case?

John O'Donoghue (Kerry South, Ceann Comhairle)
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As already stated, it is a matter for the Minister for Finance of the day.

Bertie Ahern (Dublin Central, Fianna Fail)
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The extension of the Freedom of Information Act is an ongoing process involving the Department of Finance. Last year and the year before — in the largest ever extension of the Act — its provisions were extended to 137 further bodies. As a result, more than 520 bodies are now covered by the Act. This compares with a figure of 67 when it came into operation a decade ago. In such circumstances, I am afraid the Deputy's argument falls.

Deputy Burton is probably not aware that the only significant change made to the Act in 2003 relates to the protection of what are considered exempt records, namely, those relating to meetings of Government in respect of which the deliberative process has not been completed. This extends to the records of certain committees where the committee concerned is certified by the Secretary General as being established in direct support of such deliberations. The Deputy made the point that this amounts to a regaining of control on the part of certain individuals. Since the introduction of the change in 2003, the number of issues that have been signed off on and certified is none.

Joan Burton (Dublin West, Labour)
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Deputy Kenny referred earlier to the case of Mrs. Murphy and her son, Luka. I raised this matter on three occasions on the Adjournment and I was not able to obtain answers. We cannot obtain an indication from the Departments of Education and Science and Health and Children regarding when this little boy can access the education and services to which he is entitled. The Taoiseach can come before the House and impugn the reputation of the board of management of Castleknock Educate Together national school but there is no recourse, via the provisions of the Freedom of Information Act, to discover what has occurred within the confines of Government.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot travel down those roads at this stage.

Joan Burton (Dublin West, Labour)
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That is the practical impact. Why should the Garda not be subject to the Freedom of Information Act? It would be of enormous assistance if the provisions of the Act were extended to the force.

Bertie Ahern (Dublin Central, Fianna Fail)
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That is a question for the Minister for Justice, Equality and Law Reform.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is actually a question for the Minister for Finance, who is responsible for the management of the Freedom of Information Act.

Joan Burton (Dublin West, Labour)
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Is the Taoiseach stating that he has no views on the extension of the Freedom of Information Act to the Garda or on the rights of citizens to obtain information from the force?

Bertie Ahern (Dublin Central, Fianna Fail)
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What I stated is that in each of the past number of years, we have increased the number of bodies to which the Act applies. From the low number covered at the outset, more than 520 bodies now come under the Act. The process is ongoing and any individual issues should be taken up with the relevant Minister, namely, the Minister for Finance. Issues relating to the Garda should be taken up with the Minister for Justice, Equality and Law Reform.

Joan Burton (Dublin West, Labour)
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Does the Taoiseach have plans to extend the provisions of the Act to the Garda over the next decade?

Bertie Ahern (Dublin Central, Fianna Fail)
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That is a matter for the Ministers for Finance and Justice, Equality and Law Reform.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It certainly is a matter for the Minister for Finance.