Thomas Pringle (Donegal, Independent)
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66. To ask the Minister for Public Expenditure and Reform the status of the public consultation process on the Freedom of Information Act 2014; when a further round of submissions will open; and if he will make a statement on the matter. [11027/22]

Thomas Pringle (Donegal, Independent)
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Recently, I got some woefully inadequate freedom of information, FOI, responses from a number of Departments. I note the Minister's FOI review roadmap indicates quarter 1 of 2022 for the publication of the consultation paper and commencement of the public consultation.

We are fast approaching the end of quarter 1. Is the Minister on schedule to meet this target?

Michael McGrath (Cork South Central, Fianna Fail)
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I thank Deputy Pringle for raising this important issue. I am pleased to have the opportunity to update the House on the progress of the review of the Freedom of Information Act. The opening public consultation on the review closed shortly before Christmas. This preliminary consultation was designed as an opportunity for all interested stakeholders to have their say in setting the direction of the review at an early stage of the process. Stakeholders in the public sector, journalism, academia, the political domain, as well as individual members of the public, were asked to briefly identify key issues with the current FOI system in Ireland as they see it.

Close to 1,200 responses were received from a diverse range of stakeholders, which demonstrates the high level of interest in this matter. These responses are currently being analysed by my officials and will inform a further consultation paper. It is expected that this paper, which will set out the key themes and issues to be addressed in the review, will be published in the coming weeks. Once it is published, individuals and organisations will have an opportunity to make further detailed submissions around the themes identified in the initial consultation.

We will again make every effort to ensure that this next phase of consultation has the broadest possible reach to ensure the diverse perspectives of all interested parties are represented. In announcing this review, I indicated that it should be an open and collaborative process involving all sectors. I am glad to report that the review to date has progressed in that manner and will continue to do so.

Alongside this, an independent customer satisfaction survey to be conducted on my Department's behalf by Ipsos, which is designed to assess the attitudes of requesters and staff members of public bodies towards the FOI process, is at an advanced stage of preparation and will be launched shortly. Further work will take place later in the spring and into the summer, including a review of international best practices, ongoing engagement with key stakeholders, including the Office of the Information Commissioner, OIC, and an exercise to estimate the cost of processing FOI requests. Once these strands have been completed, a final report with recommendations will be prepared for publication later in the year.

Thomas Pringle (Donegal, Independent)
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I thank the Minister for the update on the process as it stands. I wrote to him approximately four weeks ago in general terms regarding a recent response to an FOI request I submitted to the Department of Housing, Local Government and Heritage on the mica issue. I am still awaiting a response from the Minister's office in that regard. As I indicated in my correspondence to the Minister, I am not looking for a generic response outlining the appeals process that is open to me and I do not want such a response today either. What I was doing was highlighting what I consider to be a negative institutional attitude taken by organisations of the State to the FOI process, and especially the FOI applicant, which is very important. I note the Minister stated in his review that he might have something on that. That is very important. Will that be part of the review process that is to take place?

Michael McGrath (Cork South Central, Fianna Fail)
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To what is the Deputy referring?

Thomas Pringle (Donegal, Independent)
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Will the way in which the FOI bodies look at applicants be part of the review?

Michael McGrath (Cork South Central, Fianna Fail)
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Yes. I will follow up on Deputy Pringle's correspondence and make sure he gets a comprehensive reply.

Without going into any individual case, it is important to point out that the Information Commissioner is fully independent in the performance of his functions and his office is currently the ultimate recourse for adjudicating on a complaint or appeal in relation to FOI. I believe the review, which is well advanced, is the most comprehensive and open review that has ever taken place. I am coming at this from the perspective of not trying to narrow or limit the operation of FOI but to open it up and make sure it meets the requirements of people and that where information should be made available, it is provided in a timely manner and with a minimum amount of hassle. That must be the objective.

I would like to see more information published in the normal course of events to avoid having to refer to FOI but that will take some time to work through. This reform process is now well advanced and will result in very significant reforming legislation in the area of freedom of information.

Thomas Pringle (Donegal, Independent)
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The review should also examine how FOI officers deal with FOI requests across different Departments, bodies and such. The standard of response people get and the way requests are dealt with are very mixed. That is very important.

The Minister spoke about the costs of an FOI project. That is true. The raw cost to the Exchequer can be calculated with a very high degree of certainty. There is no doubt about that. I hope the Minister intends to look at the intentions in his Department to use proposals to restrict access to information or gut the already weak and inadequate legislation as a cost-cutting measure. We should be providing more information. The Minister mentioned that information should be widely available. If the Departments published everything, they would have very little to do with FOI. The information would be provided in order that people would be able to get it if they wanted it. That is ultimately what this is about. The cost of operating this FOI system is prohibitive and unnecessary and leads to a mistrust in the State.

Michael McGrath (Cork South Central, Fianna Fail)
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I can understand why some people would be sceptical when they hear a Government is carrying out a review of freedom of information. The assumption might be that its purpose is to restrict the operation of FOI in some way. That is not where I am coming from on this issue. I also assure the Deputy that it is certainly not a cost-cutting initiative either.

The Deputy raised a point about freedom of information officers. I think the issue he is getting at is one of consistency. The feedback and role of FOI officers will be very much part of the review process. In quarter 2 of this year, officials in my Department will facilitate focus groups and interviews with a number of key stakeholders to ensure a comprehensive insight into the broad range of perspectives and the operation of the system in Ireland is secured. That will include engaging with freedom of information officers. We can learn a lot from them and their experience. They can share some valuable insights. All this is working towards a final report. Ultimately, I anticipate that I will bring the general scheme of a Bill to Government, which will go to pre-legislative scrutiny later in the year.

Catherine Connolly (Galway West, Independent)
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None of the Deputies who tabled subsequent questions up to Question No. 83 is present.

Michael McGrath (Cork South Central, Fianna Fail)
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What is the next question the Leas-Cheann Comhairle has for which a Deputy is present?

Catherine Connolly (Galway West, Independent)
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The next one is Question No. 88 from Deputy Máiread Farrell.