Mairéad Farrell (Galway West, Sinn Fein)
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96. To ask the Minister for Public Expenditure and Reform his plans for the reform of the FOI system; the recommendations from the last review that have been implemented; and if he will make a statement on the matter. [15896/25]

Mairéad Farrell (Galway West, Sinn Fein)
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What plans does the Minister have for reform of the FOI system, which of the recommendations from the last review have been implemented and will he make a statement on the matter?

Jack Chambers (Dublin West, Fianna Fail)
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A comprehensive review of the FOI regime has been undertaken and is nearing completion. The review was undertaken in the context of a system that appeared to be operating well on its own terms. Since the introduction of the updated legislation in 2014, there has been a large expansion in FOI usage. The number of organisations covered by the legislation has increased significantly and the number of requests received annually has almost doubled. Approximately four out of every five requests decided upon are granted. Reviews are available where requesters are dissatisfied with the outcome of their requests. However, these are availed of in approximately 3% of cases annually, while an independent review by the Information Commissioner is sought in slightly over 1% of cases. Key indicators remain consistent from year to year.

However, this does not mean that there is no room for improvement. Against this backdrop, a thorough and careful review has been undertaken, assessing the current regime and identifying challenges and opportunities to build on and update the system, aiming to deliver transparency in more effective ways. The review process has been an open and collaborative one, taking in the views of a wide range of stakeholders. It commenced with a scoping process that sought the views of stakeholders across all sectors in setting the direction of the review and included a customer satisfaction survey as well as a full public consultation.

This was supplemented by engagement with all the key stakeholders and accompanied by a review of international approaches to FOI seeking to identify best practices and innovations globally. The review draws on this evidence to inform its findings and recommendations. Broadly speaking, the key strands in the review involve considering potential reforms leading to a more coherent approach to information governance and access, supplementing formal FOI requests and improving the request process. I expect to receive the final report shortly and then intend to bring it to Government for approval in due course. If amending legislation is required on foot of the report, this will be progressed together with some of the recommendations.

Mairéad Farrell (Galway West, Sinn Fein)
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One of the Minister's predecessors, who is now a European Commissioner, undertook a significant review of the FOI system. There are still issues with certain public bodies refusing requests or redacting large volumes of information. Sometimes, it comes out through appeals that this was done incorrectly. There is a view that this is done based on trying to deter people in the hope they will not appeal, in which case the decision is likely to be overturned. I was dealing with one request recently and it was kind of new to me. The request was not submitted by me, but I was asked my views on it. The public body concerned said it could not release the information under FOI because one of the requesters had a connection to the information being sought. They were told it was a conflict of interest. That was bizarre and not something I had seen before. I am not aware of any provision in the legislation that states information can only be released to disinterested parties. Is the Minister?

Jack Chambers (Dublin West, Fianna Fail)
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It was prudent that a review took place. It was very open-ended on public consultation and structured stakeholder engagement. There is also the international metric, which is important in that context. It has been established with very strong engagement in the recent period. We want to assess the feedback from the broader political system and, indeed, public interest parties that want to extract information in the interest of transparency, which does help to strengthen evidence-based public policy. It has been a force for good in overall public policy over many years. The spirit in which I will bring forward this review will be very much in that light. It will take into account the feedback we are getting from the public.

Turning to the Deputy's point concerning appeals and consistency of decision-making, as I said, there is a low rate of review decisions, at 3%, while 1% are submitted to the Information Commissioner. This has been consistent over many years. I have not seen the report yet so we will see what it recommends.

Mairéad Farrell (Galway West, Sinn Fein)
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I worked very constructively with former Minister, Michael McGrath, on this matter and other issues. I hope the Minister and I can do the same. Regarding this issue, we also need to consider solutions. Sometimes when people are refused an FOI request, they do not think they have the grounds to appeal the decision. I also encourage people who believe they are entitled to some information to make sure they go forward and appeal the decision. One of the solutions I suggest is if an FOI appeal to the Information Commissioner concerning the refusal or redaction of information sees the initial decision overturned, then the cost of the process should be refunded to the person who submitted the appeal. If we required public bodies to disclose in their annual reports the amount paid out in such successful appeals, this would highlight those that have had an issue with transparency or whose FOI officers may need additional types of training. I proposed a Bill in this regard. Sometimes it is just about getting proposals we can work on together constructively and try to get them over the line so the system works better.

Jack Chambers (Dublin West, Fianna Fail)
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I am happy to do that. If we look at the existing scheme, the fact that the requests have doubled is a good sign that people are engaging with the broader FOI system. One thing that also needs to be strengthened across public bodies is the work we are doing with the Minister of State, Deputy Higgins, on data and digitalisation. A great deal of public information can be published properly and proactively that should be in the public domain without people having to go through an FOI process. That line of work needs to be strengthened across State agencies and Departments to ensure people can access information and do their own independent data analysis of much of the work to strengthen public policy and evidenced-based decision-making. That would help. When I was a Minister of State in the Department of Transport, the fragmentation of certain information somewhat inhibited transport research in certain areas where it was necessary to go through a protracted process to extract the information.

Mairéad Farrell (Galway West, Sinn Fein)
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Yes.

Jack Chambers (Dublin West, Fianna Fail)
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The more information we can publish and allow academics and the public interest to interact with it, the better it will be for public policymaking. This needs to sit in parallel with the FOI system itself in respect of how we get better proactive publication across the board.