Seanad debates

Thursday, 2 April 2015

Freedom of Information Act 2014 (Effective Date for Certain Bodies) Order 2015: Motion

 

10:30 am

Photo of Kathryn ReillyKathryn Reilly (Sinn Fein) | Oireachtas source

I thank the Leader for amending the Order of Business to allow me to contribute. I will be brief.

At a time when there is a need for greater transparency in public bodies, some have found it perplexing that for bodies such as the Refugee Applications Commissioner and the Refugee Appeals Tribunal there will be an effective date for freedom of information requests, as mentioned, of 14 October 2014. The issues that it is claimed are driving this change are, first, the protection of sensitive personal information against third parties and, second, that if the records remain subject to release under FOI legislation, each record will be subject to review, giving rise to a substantial administrative burden. However, the substantial administrative burden referred to in favour of the passing of the motion might perhaps become obsolete, given that a cost will still be incurred, albeit from a later date. I do not believe the conepts of transparency and fairness should be punished because of a fear of incurring administrative costs. I know that ensuring accountability, transparency and adhering to human rights has a cost, but we should be willing to meet it.

Concerns have been raised that this could be seen as the latest move in a trend that has been developing. For example, prior to this, the Ombudsman and Information Commissioner was not allowed oversight of direct provision centres in spite of the all-party Joint Committee on Public Service Oversight endorsing the request.

Senator Ivana Bacik has mentioned an e-mail we all received this morning from the Irish Refugee Council urging us to oppose the motion on the grounds that no reasons had been given for proposing the date of 14 October 2014. It cannot see any reason records created before that date should not be subject to FOI requests. Will the Minister explain this because many Members do not sit on the committee that he appeared before yesterday and it would be interesting to hear the explanation in the House?

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