Ivor Callely (Fianna Fail)

I commend the Labour Party on bringing the Bill forward and there are many points in it worthy of discussion and debate. As I read it, the primary purpose of the Bill is to extend the remit of freedom of information to include the key authorities and public bodies, to amend section 32 of the 1997 Act and to revoke the statutory instrument under which fees are charged due to applying for records under the Act.

A number of speakers have put forward their argument for and against on these issues, and the Bill is a little wider than the points to which I have referred. I have listened with interest to the various comments. We all agree with the consensus that the Freedom of Information Act 1997 was a milestone on the road to good governance and best practice in terms of openness and accountability. The Freedom of Information Act has secured transparency, not only in Government but with public bodies as well. A commonly-held belief is that business conducted in an open manner tends to be more proficient and well-managed. Many will agree the 1997 Act has brought about these results.

I avail of this opportunity to reassert my commitment to freedom of information in the best public interest and, equally, measures to prevent certain abuses. The current Freedom of Information Act confers the right to access records held by public bodies, the right to amend records of personal information held by public bodies where such information is incorrect, incomplete or misleading and the right to obtain reasons for decisions made that affect the individual.

The Act also sets out a number of exemptions that are not available to FOI requests. Disclosure depends on whether the potential harm is outweighed by the benefit of potential disclosure. Some records may be withheld as they may belong to a particular class or disclosure would be harmful to third-party interests.

In considering this remit it is very difficult to strike the right balance. Going back to where we were in 1997 and the preparation and later enactment of the Bill, we have come a long way in the broader sense. Information officers are available, customer care provisions have been put in place in the various institutions and bodies and there has been development of Internet resources and website pages, etc.

There have been similar developments across the globe. Freedom of information is available in many different countries, giving right of access to public documents under individual legislative bases in jurisdictions. Regardless of where such legislation is enacted, it is the same broad principles which apply. Equally, the problems encountered are broadly similar, regardless of jurisdiction.

I listened to the Minister of State's opening remarks. I support his view, to a certain extent, that it is important to get the right balance in the operation of the Act. That is what we are trying to achieve in this debate. What is the balance between facilitating public access to information and allowing the Government, public bodies and key authorities to function effectively? Where in the Act are alterations to the regulations required? That should be spelt out.

It is just over ten years since the Freedom of Information Act 1997 came into force. During that period its provisions have, by and large, operated well and not too many of those who have utilised them have run up against a brick wall. Some 130,000 people have availed of the provisions of the Act and a high number of their requests have been granted.

Freedom of information has brought about greater openness and accountability in the context of the way public business is conducted. It has complemented a range of other measures to which I referred earlier, such as those relating to customer care, etc. Institutions such as the Standards in Public Office Commission, which was established under the ethics legislation, have also assisted a great deal in this regard.

As already stated, there have been major advances in information technology. These have made available to the public a level of information that could not have been envisaged when the freedom of information legislation was originally drafted in 1997. We have come a long way. Congratulations are due to the individual sections of most Departments and public bodies that have made vast amounts of information available.

When I served as Minister of State at the Department of Health and Children, I worked closely with the Citizens Information Board — formerly Comhairle — which has a tremendous website that is always up to date and is one to watch for those anxious to avail of services or facilities. Departments and agencies across the board provide people with major volumes of information and give them access to a high level of facilities.

The previous speaker referred to the Garda Síochána. I am not sold on the need for FOI across the board in respect of the force. The Garda Síochána has a website and this can be used by those who wish to obtain information on the processes to which the previous speaker referred. Whenever I have been in contact with the Garda and its press office, I have found them to be fantastic in the context of providing information. I have no doubt that under Garda Commissioner Fachtna Murphy we will see a continuing improvement in the force's customer support and information services.

I wholeheartedly support the Labour Party's introduction of this Private Members' Bill for the sake of debate. Senator Hannigan highlighted that the Information Commissioner and her predecessors put forward a series of proposals relating to the improvement of the freedom of information legislation. I am not sure whether the Minister of State provided clarity in respect of this matter. Perhaps at some stage he might inform the House as to the amendments in the Information Commissioner's report that are "technical in nature and relate to the practical operation of the Freedom of Information Act". If they relate to the practical operation of the Act, it should be spelled out. Either this House or the appropriate committee should be provided with the relevant information in that regard.