Micheál Martin (Cork South Central, Fianna Fail)
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Question 12: To ask the Taoiseach if he has reviewed the policy implications of decisions by him on freedom of information requests since the matter was last discussed in Dáil Éireann; and if he will make a statement on the matter. [34388/11]

Gerry Adams (Louth, Sinn Fein)
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Question 13: To ask the Taoiseach if he will provide an update of decisions he has made on freedom of information requests since the issue was last discussed in Dáil Éireann. [35963/11]

Enda Kenny (Mayo, Fine Gael)
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I propose to take Questions Nos. 12 and 13 together.

The functions relating to the Freedom of Information Act are carried out in my Department by statutorily designated officials, as envisaged in the Act. These officials follow the guidelines set out in the Department of Public Expenditure and Reform's decision makers manual and there are no plans to change this process. As I have stated previously in the House, the statutory framework relating to freedom of information is constructed in such a way as to keep the decision making process at arm's length from the political head of the Department. Accordingly, I have no role in regard to the processing of freedom of information requests.

My Department received a total of 19 freedom of information requests since the matter was last discussed in the Dáil in September. Twelve requests were granted or part-granted, in three cases the Department held no records and four requests are being processed.

Micheál Martin (Cork South Central, Fianna Fail)
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The reason I asked this question is that the Taoiseach came to office promising a more open freedom of information system but, from my experience, he has done the opposite. Last March the Taoiseach said after a meeting in Brussels that he had fought hard to counter a proposal to destroy our corporation tax and he talked about how tough he had been defending the nation. At the time, we asked to see the proposal he was speaking of and he refused to publish it. He may recall that President Van Rompuy produced a compromise.

The Taoiseach admitted in the House that there was documentation about this but he said his account of it was all we could get. We then made the freedom of information request. The Taoiseach invoked a series of extreme defences to withhold it, and he has done the same on appeal. One of the major issues arising is the absurd situation that the Taoiseach has now claimed that European rules prevent him from releasing the documentation and that its release would damage the Government's international relations. We checked this with the European Council-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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A question, please.

Micheál Martin (Cork South Central, Fianna Fail)
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-----and it said it was up to the national Government to release the document and that it would encourage the national Government to do so.

I put it to the Taoiseach that this is a ridiculous situation. His position seems to be that he describes the document as okay but that having people see it would destroy our relations with other states. That is the response we got and it is why I tabled the question, "To ask the Taoiseach if he has reviewed the policy implications of decisions by him on freedom of information requests since the matter was last discussed in Dáil Éireann; and if he will make a statement on the matter." It should be changed and I ask the Taoiseach whether he will change it.

Enda Kenny (Mayo, Fine Gael)
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Deputy Martin submitted an FOI request relating to briefing material prepared in advance of the European Council meeting in March. That request was part-granted, as I understand it, by the freedom of information officer. On appeal by Deputy Martin, the request was considered by somebody of high rank in the Department, as provided for in the Freedom of Information Act. I understand that two further documents were released, with minor redactions. The Deputy has since appealed that request to the Information Commissioner, again as is provided for in the Freedom of Information Act, in respect of which I have no connection whatsoever. That appeal is currently being processed by her.

Two other requests were received from the Fianna Fáil research office. The first, some time ago, related to the pensions levy. The second, in July, related to contacts with the Ceann Comhairle's office regarding the disallowance or transfer of parliamentary questions. Both were part-granted and were answered within the freedom of information timeframe, as set out.

I am aware a number of Departments have released the replies to freedom of information requests on their websites, although it is also clear that most complaints in regard to freedom of information relate not to the process of obtaining information but to the restrictions which apply to the information that can be released. This is why it is a commitment in the programme for Government to restore the Freedom of Information Acts to what they were prior to 2003 and to extend their remit to additional public bodies. The Minister for Public Expenditure and Reform is working on that.

Micheál Martin (Cork South Central, Fianna Fail)
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On a supplementary question, this relates to the offer that President Van Rompuy made at that March meeting. The situation is that the European Council has said it would encourage the Government, as a national Government, to release that document. The Taoiseach has admitted the document is in existence yet he is refusing to release it. Any claim to transform freedom of information and make it better lacks credibility if the Taoiseach is not prepared, nine months on, to release that document and give the truth of what happened. All I am asking for is the document, the existence of which the Taoiseach has admitted. We have gone all over the houses to try to get a copy of it and many journalists have tried to get a copy of it. The Taoiseach has been very reticent and has been, if one likes, protecting the document from publication.

It is a ridiculous situation. The Taoiseach has not answered the question I have tabled. In the light of our experience, does the Taoiseach not agree that a document like that should be released to the public?

Enda Kenny (Mayo, Fine Gael)
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As I said, Deputy Martin has appealed this to Information Commissioner and that office has completely independent authority in this regard. I have no function at all in regard to interfering in any way with the Freedom of Information Acts, as they are set down. There is a Government commitment to change the Act back to what it was prior to 2003, which would make it far more flexible and open, and also to extend its remit to other public bodies. We will do that and the Minister of Public Expenditure and Reform, Deputy Howlin, is working on it. It is of the Information Commissioner to make her decision. I have no hand, act or part in influencing that in any way.

Gerry Adams (Louth, Sinn Fein)
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The Government is committed, or at least it stated a commitment, to restore the Act to its status before 2003 and to extend its remit to other public bodies, and the Taoiseach has just repeated that commitment. Will he update us on the progress that has been made thus far in introducing legislation to broaden the remit of the Act? Will he tell us the bodies to which the remit of the Act will apply? When does he expect legislation to come forward? Is the progress of this legislation being delayed because of the relationship with the demands and requirements of the EU-IMF?

Enda Kenny (Mayo, Fine Gael)
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It is a commitment of Government to restore the Act to what it was prior to 2003 and to extend its remit further than it is at present. I understand from the Minister, Deputy Howlin, that he would expect to be able to bring a legislative measure to the House in the new year. Clearly, we have had discussions about the legislative programme from September until the end of this year, which was very packed because of the timeline requirements on a number of pieces of legislation, as demanded under the troika agreement.

The programme for Government provides that the Government will legislate to restore the Act to what it was before 2003 and to extend its remit to other public bodies, including the administrative side of the Garda Síochána, subject to security exceptions. It also proposes to extend freedom of information and the Ombudsman Act to ensure that all statutory bodies, and all bodies significantly funded from the public purse, are covered. The Department of Public Expenditure and Reform has embarked on preparatory work to implement the commitments contained in the programme. When this is completed, the Minister will bring his proposals before Government. These proposals will include consideration of the position in regard to the Central Bank and Financial Services Authority, NAMA and the NTMA. There are no proposals at present to bring the nationalised or partly nationalised banking sector within the Freedom of Information Act.