Catherine Murphy (Kildare North, Social Democrats)
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199. To ask the Minister for Public Expenditure and Reform his plans to review the Freedom of Information Act 2014 in 2021; and the status of the progress made on drafting a new freedom of information Act and or amendments to the existing legislation. [33965/21]

Michael McGrath (Cork South Central, Fianna Fail)
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From the outset, I wish to welcome the Deputy's ongoing interest in the Freedom of Information Act and related issues. Since the last questions she asked on this topic, having considered the issues, I have directed my Officials to commence work on a comprehensive review of the FOI legislation.

My view remains that the FOI system as it stands is robust and functioning well. This puts us on a strong footing from which to move forward.  However, I also have noted issues that have arisen with the operation some provisions of the Act, as well as calls for a review from various stakeholders, including the Information Commissioner.

The fact that no urgent interventions are required to ensure the effective operation of the FOI system allows the scope for a careful and thorough review. I am firmly of the view that the review should involve a close collaboration between my Department and the full range of interested stakeholders, from public bodies and FOI Officers to journalists, academics, activists, TDs, and perhaps most importantly the general public.

Given that I have only recently directed that a review should be commenced, work is at a very early stage. My Department will shortly publish a road-map setting out the review process and anticipated time-frames.

I can also confirm for the avoidance of doubt that no drafting work has been undertaken by my Department on a replacement or amendment of the Freedom of Information Act.  Once the review has been completed, consideration will be given to what changes, if any, might be made so as to improve the legislation and ensure that it continues to deliver on its goals of openness, transparency and accountability in public administration.

I look forward to considering the Deputy's input as the review process moves forward.

Catherine Murphy (Kildare North, Social Democrats)
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200. To ask the Minister for Public Expenditure and Reform if he and or his officials have undertaken and or completed work on a project and or research regarding the cost related to freedom of information for public bodies; if he will provide the report or research undertaken regarding this work; and his plans to broaden the scope of bodies that the Act applies to in view of the fact that some public bodies fall outside its reach. [33966/21]

Michael McGrath (Cork South Central, Fianna Fail)
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From the outset, I wish to welcome the Deputy's ongoing interest in the Freedom of Information Act and related issues. Since the last questions she asked on this topic, having considered the issues, I have directed my Officials to commence work on a comprehensive review of the FOI legislation.

In relation to the costing of FOI, the position remains as stated in my previous response to a similar question from the Deputy. While preparatory work was undertaken by my Officials on such a project, and a methodology was developed, the project was put on hold due to the onset of the pandemic.  However, I anticipate that costing FOI will form part of the review process that my Department is undertaking. 

My Department will shortly publish a road-map setting out the review process and anticipated time-frames.

Similarly, issues around the bodies that are covered by the legislation may form part of the review. However, I would highlight that in fact the material scope of the legislation as it stands is very extensive, with approximately 600 bodies covered. Moreover, the legislation provides that FOI applies where a public body engages a contractor, even where the contractor rather than the body may have physical custody of the records concerned. 

With that said, while in my view the FOI system as it stands is robust and provides a solid footing from which to move forward, I welcome the opportunity to consider any proposals as to how the legislation might be improved.  I look forward to considering the Deputy's input as the review process moves forward.