Mick Wallace (Wexford, Independent)
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22. To ask the Minister for Public Expenditure and Reform his plans to amend the current legislation governing freedom of information to include a requirement that all freedom of information requests and responses be published as is the position in the UK; and if he will make a statement on the matter. [26054/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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As the Deputy will be aware, section 8 of the Freedom of Information Act 2014 obliges FOI bodies to prepare and publish a publication scheme, setting out information that they will publish as a matter of course.  My Department has prepared a Model Publication Scheme pursuant to this section, which includes among the information to be published on an ongoing basis, a disclosure log containing details of FOI requests received for non-personal information.  The Deputy will agree that the publication of requests relating to personal information would be inappropriate.

The Guidelines to the Model Publication Scheme and the FOI Code of Practice for all public bodies on the implementation of FOI which are available at set out details of what should be disclosed on a disclosure log.  There is no requirement to publish responses to requests though some public bodies choose to do so.  It is open to requesters to seek the information which has already been disclosed on foot of the information provided on the disclosure log. 

I am advised by my officials that there is no requirement to publish requests and responses in the comparable legislation in the UK.  There are however broadly similar provisions in relation to publication schemes, though the model scheme produced by that jurisdiction’s Information Commissioner does not require, rather recommends, that a disclosure log should be put in place.  Moreover, in practice where a public body in the UK chooses to operate a disclosure log, not all requests responded to are published, only those that meet certain criteria.  It would seem, therefore, that the framework in this jurisdiction is, if anything, more robust than that operating in the UK.

The Central Policy Unit for Freedom of Information at my Department is in daily contact with FOI bodies in relation to the implementation of the legislation.  In general, indications are that the publication scheme provisions contained in the Act are operating well, with a growing awareness among FOI bodies not only of the obligation to publish information, but also the usefulness of proactive publication of information that is regularly requested, rather than expending resources on processing individual requests as they arrive.

Accordingly, it is not proposed at this time to amend the FOI Act 2014, the model publication scheme or the published guidelines.