John McGuinness (Carlow-Kilkenny, Fianna Fail)
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333. To ask the Minister for Public Expenditure and Reform the number of section 37 notices issued by the Information Commissioner in 2015; if he is satisfied with the conduct of State bodies, that have been issued with section 37 notices; if any prosecutions have been taken for breaches of section 37 of the Freedom of Information Acts 1997 to 2003; and if he will make a statement on the matter. [20423/15]

Brendan Howlin (Wexford, Labour)
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The Office of the Information Commissioner was established under the Freedom of Information Act 1997 with its continuance provided for under the Freedom of Information Act 2014. The Information Commissioner is independent in the performance of his or her functions. 

As the Deputy is aware, section 37 of the FOI Act 1997 empowered the Commissioner to require the production of information and-or records, and to enter premises occupied by a public body for the purpose of acquiring any information that is required for the purpose of conducting a review. The equivalent provision of the FOI Act 2014 is section 45. Notices under Section 37 of the FOI Act 1997 are made only in respect of FOI requests that were processed under the 1997 Act and which were appealed to the Information Commissioner. When the Information Commissioner is considering appeals in relation to an FOI request processed under the FOI Act 2014, such notices, if any, will be made under Section 45 of the Act.

My Department has made enquiries to the Office of the Information Commissioner's Office in relation to the issues raised by the Deputy.

I understand that the Commissioner is generally satisfied that a high level of cooperation is forthcoming from public bodies in responding to requests made for information by his Office. Outstanding requests for information are usually resolved quickly and informally. Occasionally, however, an informal follow-up contact does not suffice and the Office will formally invoke its powers by serving a notice on the body under the relevant statutory provision. The Commissioner is satisfied with the powers available to him to address failures by public bodies to respond to requests for information by his Office.

In his Annual Report for 2014, the Commissioner was, however, disappointed to have to report that his Office served nine statutory notices on public bodies in 2014. While this figure is small relative to the number of engagements between the Office and public bodies, he expressed concern that four of the bodies in receipt of section 37 notices in 2014 were also the recipients of such notices in 2013. These are University College Dublin, the National Maternity Hospital, Cork County Council, and the Irish Greyhound Board.

The Office has served three notices on public bodies in 2015 to date, (two under the Act of 2014) arising from their failure to respond to requests for relevant information. The bodies in question are the National Sports Campus Development Authority, the Child and Family Agency (TUSLA), and St. James' Hospital. As the reviews in question have not yet been completed, engagements with the bodies in question are ongoing. 

No prosecutions were taken in 2014 or 2015 for failure to comply with the requirements of section 37 of the FOI Act 1997 (or section 45 of the Act of 2014).