Pat Rabbitte (Dublin South West, Labour)
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Question 85: To ask the Minister for Justice, Equality and Law Reform when he will extend the remit of the Freedom of Information Act 1997 to cover An Garda Síochána especially in view of repeated suggestions from the Information Commissioner that this should be done; and if he will make a statement on the matter. [21211/08]

Dermot Ahern (Louth, Fianna Fail)
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As part of a general review of the operation of the Freedom of Information Act 1997 last year, the extension of the Act to An Garda Síochána was considered. That consideration involved an examination of all factors relevant to the governance, oversight and accountability of An Garda Síochána. Since the passage of the Garda Síochána Act 2005, An Garda Síochána and the regulatory and administrative landscape in which it operates have been undergoing massive change. The Garda Ombudsman Commission was established. The Garda inspectorate was established and it has produced three reports with major implications for the structure and operation of the force. In the past year the senior civilian management positions of chief administrative officer and director of communications were created. More civilians are being recruited for key posts as legal adviser, director of information and communications technology and director of change management.

At the same time, the ranks of attested members and the numbers of civilian staff have been expanded. In light of this extensive and fast-moving change, it was decided that to extend the FOI Act to the Garda at this time would place an excessive administrative burden on the its resources as the force continues to discharge its challenging core duties, in particular that of tackling crime. For all these reasons it was decided not to extend the FOI Act to An Garda Síochána at this time, but to keep the matter under review. In this regard, I intend to be guided by the overall public interest which lies in maintaining an appropriately accountable police force which is not distracted from its key tasks of safeguarding public safety and security.

Pat Rabbitte (Dublin South West, Labour)
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Does the Minister not agree it is perverse to plead overdue Garda reforms as a reason for not extending the FOI Act to the force? He is known in the House as a cautious and conservative politician. If he wants to make a name of himself in asserting real accountability, he should extend the Act to the Garda. What is his response to the Information Commissioner's statement that Ireland is out of kilter in this regard with other developed democracies?

Dermot Ahern (Louth, Fianna Fail)
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With regard to making a name for myself in regard to freedom of information, I am the only Minister who was ever threatened with Circuit Court proceedings by the Data Protection Commissioner. When I was Minister for Communications, Marine and Natural Resources, I wanted to provide replies to freedom of information requests but the commissioner had huge problems with what I was doing. On her first day in office, the Information Commissioner during an interview on the Pat Kenny show found fault with what I was doing at the time, which was putting all the FOI requests made of the Department on the Internet as replies became available. I was stymied to a certain extent in this regard. The Data Protection Commissioner served a 20 day notice on me saying he would take me to the Circuit Court unless I changed my ways. As a result of negotiations between him and the Attorney General, thankfully, I more or less got my way. I have, therefore, made my name on freedom on information.

However, the Deputy will have to accept dealing with files in the Department of Justice, Equality and Law Reform is quite different, particularly in the context of my years as Minister for Foreign Affairs when I dealt with many issues relating to subversive activity against the State. It would be ludicrous that the FOI Act would be extended to such activity.

Pat Rabbitte (Dublin South West, Labour)
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I would like to have a cup of tea with the Minister to go over his fascinating trip down memory lane, which is utterly——

Dermot Ahern (Louth, Fianna Fail)
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The Deputy asked me to make my name.

Pat Rabbitte (Dublin South West, Labour)
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The Minister is only flim flamming. What is his reply to the Information Commissioner's repeated request that the FOI Act be extended to the Garda? Nobody is suggesting we put the security of the State at risk and we are not asking for files on subversive activity. What is his response to her recent report?

Dermot Ahern (Louth, Fianna Fail)
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I gave my response in my original reply. It is not feasible at this stage. It would create an unnecessary administrative burden on the Garda even in regard to issues that are not security determined. At the end of the day, Members say in the House that we do not have sufficient gardaí. The Government is on an upward scale recruiting. A total of 1,100 gardaí are in training in order that we reach the commitment that we made to increase the force's strength to 15,000 by 2010. This is partly being done to ensure gardaí are fighting crime. If their time is taken up answering freedom of information requests, Members such as the Deputy will be the first to complain that they are sitting in their offices answering such requests.

Pat Rabbitte (Dublin South West, Labour)
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That is a lamentable reply and it is regrettable the new Minister has a philosophical and ideological opposition to the FOI Act being extended to the Garda. This is an instrument of accountability and if we have learned anything from the Morris tribunal and elsewhere, there is a necessity to improve accountability within the Garda. I ask the Minister to reconsider his position.

Dermot Ahern (Louth, Fianna Fail)
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I do not accept that. There is oodles of accountability in the Garda Ombudsman Commission, the inspectorate and all the other changes that have taken place since the Morris tribunal.