Martin Ferris (Kerry North, Sinn Fein)
Link to this: Individually | In context

Question 180: To ask the Minister for Finance if it is his policy to refuse Freedom of Information requests; if Government Departments have been instructed accordingly; and if he will make a statement on the matter. [4193/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The broad purpose of the Freedom of Information Act (FOI) 1997 as amended in 2003, is to enable citizens to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy.

As Minister for Finance I am responsible under section 15(5) of the Freedom of Information Act for ensuring that appropriate measures are taken by public bodies to facilitate compliance with the Act. I am also required under section 15(6) of the Act to prepare an annual report on the operation of the Act.

I am satisfied that Freedom of Information is well embedded in our public administration and that it is operated in accordance with the strict provisions of the FOI Act.

Martin Ferris (Kerry North, Sinn Fein)
Link to this: Individually | In context

Question 181: To ask the Minister for Finance the number and percentage of Freedom of Information requests which have been turned down by his Department but subsequently overturned by the Information Commissioner's Office. [4194/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

My Department received 180 requests in 2008. Of these, 123 were "part-granted" and 10 were refused. Five of those 133 requests (74% of total received) were appealed to the Information Commissioner. In one case a settlement was reached. My Department's position on two other appeals was upheld and there are two cases pending.

Martin Ferris (Kerry North, Sinn Fein)
Link to this: Individually | In context

Question 182: To ask the Minister for Finance if disciplinary action has been taken by any Government Department against staff who have wrongfully refused a Freedom of Information request. [4195/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

A decision to refuse a Freedom of Information (FOI) request can only be made on the basis that the information is exempt or the refusal of the information is allowed under the provisions of the Freedom of Information Act 1997, as amended in 2003. In view of this, it is not accurate to suggest that a decision maker can wrongfully refuse a request as any such refusal must be based in law.

If information is refused the requester can have the decision referred for internal review, and, if the information is still refused, the requester can appeal the decision to the Information Commissioner.