Written answers

Tuesday, 15 November 2022

Department of Public Expenditure and Reform

Freedom of Information

Photo of Gerald NashGerald Nash (Louth, Labour)
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112. To ask the Minister for Public Expenditure and Reform the reason for the delay in publishing the report on the review of the Freedom of Information Act 2014, which was scheduled for early in quarter 3 of 2022, according to the roadmap; if he has received the review report and recommendations yet; when he intends to publish it; if he will be bringing forward changes to the law; and if he will make a statement on the matter. [56435/22]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The review of the Freedom of Information Act is now at an advanced stage. As outlined in the roadmap document, it took the form of an open and collaborative process, taking in the views of a diverse range of stakeholders. Almost 1,300 submissions were received from individuals and organisations in the course of my Department's consultations in the review, which took place in two phases: an initial consultation on the scope of the review and a more detailed consultation that closed in September.

Alongside this work, my Department held focus group sessions with key stakeholders, such as the National Union of Journalists and Patient Advocacy Service, as well as with public bodies in various sectors and around various topics. A customer satisfaction survey was undertaken to gauge perceptions of the legislation among requesters and public servants, which additionally received a little over 1,000 responses. Yet another strand to this process has been an analysis of comparable legislation elsewhere.

The review has been a thorough and careful one, aimed at improving the FOI regime. The information-gathering phase of the process has been completed, and initial findings and recommendations are under consideration at the present time. While such a step would of course require Government approval, it would appear likely that amending legislation will be required in 2023. Alongside this, it is also likely that the review will inform a longer programme of work around FOI and transparency policy to address some of the issues that have been identified in this process. I confirm that my Department will publish the review report once it has been approved by Government.

While, under the circumstances, I am not in a position at this time to provide significant detail in relation to the findings and outcome of the review, I would like to take the opportunity to reiterate comments I previously made in this House in relation to the review. In my view, the goal for FOI into the future should be not only to ensure that the request mechanism is robust, but also to move in a direction whereby we reduce the need for more and more FOI requests.

This would mean that by default we publish more information and that we entrench an open and transparent approach within the public sector in doing its work on a daily basis, in order to reduce the need for the public to formally apply under FOI to access records that should be published or routinely made available in the normal course of events.

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