Seanad debates

Wednesday, 30 April 2008

Freedom of Information (Amendment) Bill 2008: Second Stage.

 

7:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

I welcome the Minister of State, Deputy Noel Ahern, one of my local Deputies to this House. I thank the Labour Party for proposing this Bill. This is an important issue and it is essential in a democratic society that there is transparency and that people are entitled, as a matter of principle, to access information — not just about themselves — about the workings of public bodies. It is a good thing, to state the obvious, that we have a freedom of information regime in Ireland.

The Government will refer to the extension of the freedom of information regime to public bodies and the proposed extension of the legislation to further public bodies. Naturally, the Labour Party has issues with the restrictions of the freedom of information regime. This reflects the necessary balance to be struck between preventing, as far as possible, vexatious and trivial applications under the freedom of information legislation on the one hand, but also keeping in mind the presumption of a real openness that enables people to carry out their duty and exercise their rights as citizens and to access information about the workings of state and public bodies.

There are several issues deserving of special consideration with the current operation of the freedom of information regime. The imposition of fees for FOI requests is totally out of line with comparable legislation in other countries which seek to make the administration more accountable in this manner. The fall-off in the number of FOI requests since the amending legislation in 2003 illustrates the extent to which fees have curbed the number of people seeking information from the Government.

There is also an issue with the practice of creating, through stealth enactments, a series of exemptions to FOI provisions and hiving off areas of departmental competence, declaring them off limits for the purposes of freedom of information applications under section 32 of the Freedom of Information Act 1997. In drafting certain legislation, the Government has created non-disclosure enactments which authorise, or require, the non-disclosure of a record which might be the subject of an FOI request. Moreover, it has been reportedly standard practice for the Government not to properly notify the Information Commissioner as to which exemptions are being inserted in such enactments. For example, in a report to a joint Oireachtas committee concerned with the operation of the FOI Act, the commissioner stated: "in mid September 2005 my Office became aware that the FOI Act had been amended by the Safety, Health and Welfare at Work Act 2005 which had commenced on 1 September 2005". The commissioner goes on to state:

This information was given to one of my staff by a member of the public while dealing with an inquiry. The effect of the amendment is that, for all practical purposes, the Health and Safety Authority is no longer subject to the FOI Act. While I, as Information Commissioner, have no statutory entitlement to be consulted in relation to amendments to the FOI Act, it would seem sensible (and indeed many would assume this would happen) that some such consultation should take place.

The Commissioner goes on to state: "I think it is undesirable that the FOI Act should be amended in a piecemeal fashion; such an approach tends to favour the sectional interests of particular public bodies over and above the purpose and principles of the FOI Act generally". As has been said earlier about this trend, it is disquieting that Ministers can bring in legislation which essentially guts the intent and spirit of earlier legislation without reference to that statute. Given that the FOI Act is specifically intended to increase the openness and transparency of government, ongoing governmental interference seems even more troubling. A state of affairs where there is what the Information Commissioner describes as "a growing list of non-disclosure provisions" which appears to be dismantling the Freedom of Information Act, is a cause for serious concern.

It is necessary to keep under review the extent to which there is respect for the right of the public to gain access to information to allow them fully discharge their duties as citizens. The presumption must always be in favour of making information available. I grant there is a need to limit it by reference to preventing vexatious requests and important matters which need to be undisclosed and remain confidential in the interests of fairness, security, justice and so on. It is important that we do not have a stingy and mealy-mouthed attitude to the right of the public to access information. I commend the Labour Party for raising this matter.

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