Anne Ferris (Wicklow, Labour)
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Question 300: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that some local authorities are refusing to answer representations from public representatives on behalf of constituents; if his attention has further been drawn to the fact that the councils are using the Data Protection Act as the reason they are not responding to public representatives; his views that public representatives need to receive replies when they are acting on behalf of their constituents; if he will investigate the situation and report back; and if he will make a statement on the matter. [19598/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am not aware of the practice as outlined in the Question. Local authorities are committed to the delivery of a quality service to public representatives and the public in general, including in relation to access to information. It is a matter in the first instance for each local authority to keep under review its own systems and procedures with a view to improving standards of service and addressing any deficiencies which may come to light at local level.

In the context of the ending of the dual mandate, local authorities are required under the Local Government Act 2001 (Section 237A) Regulations 2003 to put in place arrangements to provide, inter alia, for the supply of specified documentation to Oireachtas members by the local authority such as the local authority budget, draft development plan, etc. Local authorities are also required to deal with requests for access to information by a parliamentary representative as expeditiously as possible and in accordance with a proper level of customer service. In this regard, local authorities are obliged to put in place arrangements to ensure that systems, procedures and time frames equivalent to those used by them in relation to correspondence from local authority members also apply in respect of parliamentary representatives.

My Department has gathered information from local authorities on a periodic basis, on the practical application of the arrangements established by the above Regulations. Based on the information received, I understand that local authorities are generally complying with these arrangements. I will, however, continue to monitor compliance by local authorities in this regard. In all of this, local authorities, as public bodies, are obliged to comply with the Data Protection Act 1988 as amended and any associated Regulations. Consequently great care must be taken in ensuring that personal information is not released in contravention of this legislation.