Seanad debates

Wednesday, 30 April 2008

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

 

7:00 pm

Photo of Dan BoyleDan Boyle (Green Party)

Beyond the ten-year moratorium, which contains some logic given multi-term and five-year Governments, the 2003 changes were not particularly politically inspired. The formation of the high-level Secretary Generals group provided as much of the impetus as anything else. The Secretary Generals involved were motivated by administrative convenience and a culture within the Civil Service, namely, that doing a job effectively on behalf of the country requires working in the shadows as much as possible. Given modern technology, this attitude need not pertain. On Committee Stage, I complained to the Secretary General of the Department of the Taoiseach, who is still in situ, that what was being proposed was the administrative equivalent of dribbling towards the corner flag in a soccer match to use up time without playing the game.

The nature of any vibrant democracy is access to information. Since participative democracy depends on the active involvement of all citizens, the legislation should be based on them having access to relevant information. Strides have been made. The original Act, the extension of the number of bodies covered and the role of the Information Commissioner comprise progress in access to information and participative democracy.

The legislation must be embellished. The Government's position is not set in stone. While this matter was mentioned but not agreed on during the negotiations on the programme for Government, it is the nature of coalition Governments that issues be revisited. I hope that discussions between parties in the Government allow new legislation, but certain changes must be made anyway given the review mechanisms in the Act. A provision in the programme for Government will change this issue radically, namely, the commitment to enshrine in legislation the Aarhus Convention on freedom of information in respect of environmental matters. This commitment, which will be fulfilled in the coming months, means the practice of access to information will exist on a level not previously seen but extant in other European countries. This Government decision must be welcomed because it pushes the boundaries of freedom of information and citizens' participation in the practice of government.

A fair comment was made, namely, that fees prevent people from participating and making full use of information. There are two arguments. I am of the opinion that fees should be minimal and not act as a barrier, but the alternative argument is that, because accessing information carries a cost, our political society must decide the extent to which the State can and should subsidise the citizen in accessing information. The level between minimal and exorbitant fees is open to legitimate debate.

We must be honest concerning the abuses of freedom of information requests, including lazy journalism. Our political system contributes to this by withholding information that should be public.

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