Pearse Doherty (Sinn Fein)

Government information belongs to the public. It is the Government that is the trustee of that information on the public's behalf. State secrecy hides bad decision making, inefficiencies and corruption. The Freedom of Information Act 1997 was a long overdue attempt to address the tradition of secrecy.

The 2003 amending legislation represents a considerable setback for participatory democracy and the practising of active citizenship. I welcome the fact that the Labour Party's Bill seeks to repeal many of the worst aspects of the 2003 amending legislation. In particular, I am glad it seeks to repeal the change introduced in the Freedom of Information (Amendment) Act 2003 under which fees were made chargeable where one applies for records under the Act. Previously, fees were charged only where access was granted. This undoubtedly represents a deterrent for those contemplating making freedom of information requests.

I also welcome the fact that the Bill seeks to implement proposals put forward by the Information Commissioner and her predecessors in their statutory commentaries on the Acts. It is important that the views of the Information Commissioner, including proposals to delete some of the changes introduced in 2003, are taken on board and acted on. Section 3 contains some important amendments, such as those to provide for an annual statistical review of the operation of the freedom of information apparatus and to delete the exemptions from disclosure of material prepared for the purpose of replying to parliamentary questions and records relating to the enforcement functions of the Health and Safety Authority.

In light of the failure to introduce orders — as required under existing legislation — to apply the legislation to certain public bodies, it makes sense that the definition of "public body" be amended as proposed in the Bill in order to apply freedom of information automatically to many public bodies rather than their having to await their individual designation by the Minister for Finance. If freedom of information legislation is to perform the function for which it is intended, it is crucial that it applies to the public bodies listed in the Bill.

I again commend the Labour Party on bringing forward the Bill. I hope it will not merely serve for the purposes of debate but that people across the political divide will support it and allow it to proceed to the next Stage.