Dáil debates

Tuesday, 28 June 2011

Ceisteanna - Questions

Freedom of Information

2:30 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Question 1: To ask the Taoiseach the number of freedom of information requests that have been received by his Department since he took office; the number that have been acceded to; the number that have been refused; and if he will make a statement on the matter. [17021/11]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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A total of 27 requests were received by my Department between 9 March and the end of May 2011, of which 19 were granted or part granted while one was refused. A further three were withdrawn while four are being processed. All requests received by my Department are processed statutorily by designated officials in accordance with the Freedom of Information Acts. I have absolutely no role in processing requests.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Last week, the Taoiseach restated his determination to restore the Freedom of Information Act to its status before 2003, but he also stated he could not do this due to pressure on the Office of the Attorney General from the EU-IMF deal. Seo geallúint eile. Gheall an Taoiseach don phobal go bhfuil seo mar chuid den trédhearcacht, agus is léir ón bhfreagra seo nach bhfuil an Taoiseach chun cloí le geallúint a thug sé. Is this another broken promise? When does the Taoiseach believe this legislation will be brought forward? He committed in the programme for Government to widen the remit of the Freedom of Information Act to other public bodies. Could he name those other bodies?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Strictly speaking, questions on the Freedom of Information Act should be to the Minister for Finance.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The programme for Government sets out the propositions from the Government parties to be implemented during the lifetime of the Government. I have outlined several times to the House the issues surrounding a number of Bills that are on timelines, that is, Bills which must be published in accordance with the conditions and timescales of the IMF-EU bailout deal.

The Minister for Public Expenditure and Reform is examining which additional bodies might be included under the reform and restructuring of the Freedom of Information Act. In consultation with the Minister for Justice and Equality, he will also examine the administrative element of the Garda Síochána that can be included under a revised Freedom of Information Act. I have not put a date on this, but the Deputy can take it from me that the matter is being pursued.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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On a point of order, a Cheann Comhairle, did you say that questions about the Freedom of Information Act should be put to the Minister for Finance?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Yes, in respect of legislation. Individual Ministers must deal with requests for their own Department, but the legislation is the responsibility of the Minister for Finance.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I know it is not your fault or that of the Taoiseach, but it is difficult to get information. I have put forward questions to the Taoiseach that have been referred to other Ministers. It is very difficult to get information and to get a flow between the Opposition and the Government.

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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Deputy Adams is good at giving information.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Just ignore the backbenches for a moment. I call on Deputy Martin.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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That is a favourite tactic of mine in Cork South-Central.

Has the Taoiseach considered the time in which the processing of such requests is taking within his Department? He states in his reply that four such requests are currently being processed. The Department of Social Protection replied to a request for documents relating to the pension levy two week ago, yet a similar request to the Department of the Taoiseach is still awaiting reply, even though it was lodged at the same time. There seems to be a certain tardiness or reluctance to provide documentation or any briefing material that his Department has received on the pension levy. This is a very important levy, because it is reducing benefits payable to pensioners and it also puts the solvency of pension funds into question. Perhaps he might indicate to me why that delay exists in his Department.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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When did the Deputy make his application for a freedom of information request?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I think it was over two weeks ago.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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As I said to Deputy Adams, only 27 requests were received between 9 March and 31 May 2011. I do not have the answer to the question but I will find out. I have no function in the statutory response to the Freedom of Information Act, nor should I. In keeping with the efficiency of the House, Deputies should be given available information in a timely fashion. I will query it from that perspective.