Written answers

Thursday, 30 March 2006

Department of Finance

Freedom of Information

5:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 27: To ask the Minister for Finance if he has received the report of the Information Commissioner for the purpose of review of non-disclosure provisions in accordance with the Freedom of Information Act 1997; and if he will make a statement on the matter. [12284/06]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 34: To ask the Minister for Finance if his attention has been drawn to the comments made by the Information Commissioner, Ms Emily O'Reilly, at a meeting of the Joint Committee on Finance and the Public Service in which she expressed the view that the scope of the Freedom of Information Act 1997 needed to be extended further; if he intends to extend the scope of the Act further; if the 109 additional bodies have been brought within the scope of the Act; and if he will make a statement on the matter. [12371/06]

Photo of Liam TwomeyLiam Twomey (Wexford, Fine Gael)
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Question 50: To ask the Minister for Finance his views on a consolidation of exclusions from the Freedom of Information Act 1997 as recommended by the Information Commissioner and to make arrangements whereby new exclusions being proposed would be brought to the notice of the commissioner for observation before they are enacted. [12522/06]

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)
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Question 69: To ask the Minister for Finance if arrangements will be made that the Information Commissioner is consulted in assessing the merits of extending the Freedom of Information Act 1997 to the vocational educational committees, IFSRA, the Adoption Board, the Garda Síochána and so on in order that the Government has access to the full range of expertise available in making such decisions. [12534/06]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 27, 34, 50 and 69 together.

I have seen the report of the Information Commissioner concerning non-disclosure provisions. The report was submitted to the Joint Committee on Finance and the Public Service as part of the process under section 32 of the Freedom of Information Acts whereby an authorised joint committee of both Houses of the Oireachtas is required to review from time to time the operation of non-disclosure provisions in other enactments that are not listed in the Third Schedule to the Freedom of Information Acts. I understand the joint committee is undertaking such a review at present and is dealing with reports it has received from Ministers and the Information Commissioner's report in this context.

I am aware of the views expressed by the Information Commissioner on extension of the Freedom of Information Acts. Freedom of information has been extended from 67 bodies since April 1998 to almost 400 today. Regulations to extend the Acts to more than 100 other bodies will be brought forward shortly. As regards further extensions, I would refer to the reply I gave the House on 28 February in which I indicated that extension of the Acts to a number of other bodies is being considered. The question of observations being sought from the Information Commissioner on draft legislation would be determined on a case-by-case basis. I see no reason to change that approach. I have no proposals for the Information Commissioner to be consulted on the merits of applying the Acts to particular bodies.

Regarding the Information Commissioner's suggestion for a non-disclosure Act, this clearly represents the Commissioner's view and what she believes should be in place for freedom of information purposes. However, the suggestion may not take fully into account the existence of the legal frameworks covering the large number of other legislative regimes that include non-disclosure provisions. I am not convinced that it would assist transparency, accessibility or legal clarity for those legal structures to have all non-disclosure provisions codified into a separate Act. The legislative change suggested by the Information Commissioner would also require a major review of the Statute Book and amendments to a wide range of acts to achieve the cross references needed. The existing arrangement appears to be clearer, whereby the Oireachtas addresses all new legislation separately and a non-disclosure provision is included or not according to the scheme of the particular Bill; if a non-disclosure provision is not listed in the Third Schedule to the Freedom of Information Acts, it is subject to review under section 32.

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