Written answers

Wednesday, 14 January 2015

Department of Public Expenditure and Reform

Freedom of Information Remit

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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191. To ask the Minister for Public Expenditure and Reform in view of his stated commitment to transparency and accountability in the spending of public moneys, his views that it is acceptable for a public body fully funded by the Exchequer to withhold from the public record details of public service pension arrangements on retirement for senior managers; and if he will legislate to require all publicly funded bodies to make such information public in the interests of open Government. [49527/14]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Under the Freedom of Information Act  2014, as was the case in the original Freedom of Information Act in 1997, an exemption from the provisions of Freedom Of Information (FOI) is provided for personal information.  The 2014 Act also expanded the definition of what does not constitute personal information in the context of FOI.  

Under the 2014 Act, the terms and conditions of any individual who holds or held any office or other position remunerated from public funds in a public body, rather than just those of a Director or member of staff as provided for under the 1997 Act, are not afforded the protections under the Act in relation to personal information. On that basis, the type of information to which the Deputy's question refers i.e. public service pension arrangements on retirement for senior managers which would be part of remuneration, would be available from a public body that was subject to FOI, other than where a specific exemption applies against the release of such information. 

The decision on the release of any information under FOI is the legal responsibility of the relevant decision-maker in the public body concerned. Their decisions are subject to appeal and independent review. 

Given the matter is already provided for by the Freedom of  Information Act 2014, I do not consider further legislative action is required.

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