Dáil debates

Wednesday, 12 January 2011

Ceisteanna - Questions (Resumed)

Freedom of Information

2:30 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 6: To ask the Taoiseach the number of freedom of information requests received by him in November 2010; and if he will make a statement on the matter. [46020/10]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 7: To ask the Taoiseach the number of applications made to his Department under the Freedom of Information Act during 2010; the way this compares with each year since 2002; and if he will make a statement on the matter. [48346/10]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 8: To ask the Taoiseach the number of freedom of information requests processed by his Department during 2010; the number which have been acceded to; and if he will make a statement on the matter. [48365/10]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 9: To ask the Taoiseach the number of freedom of information requests received by his Department in the year 2010, the number acceded to and the number refused; and if he will make a statement on the matter. [1132/11]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 6 to 9, inclusive, together.

A total of 110 requests were received during 2010, of which 14 were received in November. Of the total of 110 requests, 74 were granted or part-granted and four were refused. In 11 cases no records were held, while four requests were withdrawn. Seventeen requests are ongoing.

The comparative figures for each year since 2002 are:

YearTotal
2002162
2003142
200445
200560
200655
200771
200883
200999
2010110

All FOI requests received in my Department are processed by statutorily designated officials in accordance with the Freedom of Information Acts. I have no role in processing requests.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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On the last occasion we asked such questions, I asked the Taoiseach about a number of agencies that are not subject to the Freedom of Information Act. Has there been any consideration given to extending it? As it is, it is quite extensive but there are always persons stating they cannot get information about this, that or the other. Is there any consideration being given to an extension of the list for freedom of information requests?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The question of the operation of the Freedom of Information Act is a matter for the Department of Finance. The question as to whether there are any policy issues arising or to be implemented would be best directed to the Minister for Finance. I do not have that information.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The latest raft of information here is on the usual questions.

I suppose one of the iconic pictures of this Government was the occasion on which it held the meeting in Farmleigh where Minister after Minister rolled up there. Was there a reason that had to happen? Why was the meeting was not held in Government Buildings, which would be the normal venue for such meetings?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It was the day of the marathon.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Information Commissioner called some time ago for a thorough review of the freedom of information legislation. Does the Government accept that recommendation and has any review been carried out of the freedom of information legislation?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not know. As I stated, the operation of the legislation is with the line Minister, who is the Minister for Finance. I only have the detailed data on the question on my Department.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Does the Taoiseach share Deputies' concerns at the fact that the Information Commissioner has indicated that it is causing her considerable alarm that particular functions of bodies that have been under the Freedom of Information Acts' cover are being removed from these bodies without any reference to that office - no indication, no prior notice, no consultation?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Ó Caoláin should submit a parliamentary question to the Minister for Finance who has direct responsibility for the legislation.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I appreciate that, but I am asking the Taoiseach, as the leader of Government, because this is a hugely important issue. It is not merely a line Minister issue. This is the Information Commissioner outlining repeatedly concerns about a number of functions and responsibilities that have been moved outside of the freedom of information cover. There was at no time advice, engagement or consultation up to the announcement itself. Where does the Taoiseach believe his office and position as head of the Cabinet can intervene to ensure this anomaly is addressed so that the Information Commissioner's role can be respected and fully engaged with?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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As a member of the Government one assesses memorandums coming from various Ministers with line responsibilities in these areas. There is a considered analysis of approach into what is required or the pluses and minuses of a particular proposal. It would only be in such a context that I could give an opinion. As Taoiseach I can only give the considered opinion of the Government if it considered the matter. Speaking as Taoiseach and speculating on something where there was no prior notice and where there is no supplementary material would not be very sensible.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I ask if the Taoiseach will take an active interest in the areas we are speaking about. These are bodies such as the Health and Safety Authority, the Road Safety Authority and the Land Registry, to name but three. Critical areas of responsibility have been highlighted under each of these authorities' functions-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy is broadening the basis of the question.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----and taken out of the ambit of freedom of information.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We should move on.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am asking the Taoiseach that if he is not happy with that - as many are not - will he undertake as Taoiseach to address the matter with the appropriate Minister and Cabinet colleagues? This covers a number of such colleagues-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy should pursue the matter with the Minister for Finance by way of a parliamentary question.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----and their responsibilities. Will he undertake to have the matter further addressed? We are particularly asking for engagement with the Office of the Information Commissioner, which is surely not a significant request.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Information Commissioner has the right and entitlement to make her views known and it is a matter for the Minister for Finance, in his capacity, to decide how to proceed. There is a relationship between the Information Commissioner and the Department of Finance for the purpose of considering these policy initiatives. I can bring the matter to the attention of the Minister but I must leave it within his preserve to decide what, if anything, can be done about it.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I thank the Taoiseach.