Written answers

Tuesday, 8 July 2014

Department of Public Expenditure and Reform

Freedom of Information Remit

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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333. To ask the Minister for Public Expenditure and Reform if he will consider extending the freedom of information legislation to cover records that are kept by religious institutions. [29774/14]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Freedom of Information legislation is primarily designed to provide access for the public to records of public bodies. Certain hospitals, third level institutions and other bodies providing services in the health sector, run by or in the ownership of religious congregations, are also covered by FOI.

A new Freedom of Information Bill is currently proceeding through the Oireachtas and is expected to be enacted before the end of the year.  This Bill provides at Section 7 that a non-public body, which receives significant funding from the Exchequer, may be prescribed by order as an FOI body under this Act, either in whole or in part.  These bodies are referred to in the Bill as prescribed bodies.  Although it is too early to say, it may be that some religious institutions or additional bodies run by religious congregations and providing a service to the public, could be prescribed as FOI bodies under section 7 of the FOI Bill when enacted. 

The issue of prescribing bodies under section 7 will be discussed and agreed with the relevant line Departments in accordance with agreed criteria in due course following enactment of the Bill.  While this analysis and decision-making cannot be pre-empted, it is likely that there will be circumstances where the level of State funding provided to particular bodies will not be the over-riding consideration but where the extension of FOI may be warranted because of a necessity for appropriate public oversight and accountability of the services these bodies provide to the public. 

Other than in the context of Section 7 of the FOI Bill 2013 I have no plans to extend FOI to religious institutions. 

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