Vol. 482 No. 3
1 Mr. R. Bruton asked the Taoiseach whether he has met with the Information Society Commission; if he will set a target for increasing the proportion of Government business conducted with the public which can be conducted electronically; and if he will make a statement on the matter. [17603/97]
The terms of reference of the Information Society Commission, which I discussed at a meeting with the commission's chairperson, encompass both the public and private sectors. The delivery of quality customer service is a cornerstone of the public service change programme under the strategic management initiative. Among the key issues being considered are the methods of service provision, including payment methods, location of contact points, opening hours and delivery times. It is against this background that the scope for increasing the proportion of Government business with the public that can be conducted electronically is being considered.
The SMI working group on information technology has examined the implications of the information society for the Civil Service and the public service. The areas identified by the group regarding the potential for service delivery in a number of areas include greater use of websites by Departments and offices to provide information to the public, including data on structures, organisation, functions and services which will be legally required to be published under the Freedom of Information Act, 1997; access to public procurement information electronically through websites and e-mail, including notices of tenders; use of electronic media to process actual business, including taxation returns, planning applications, licence applications, and to communicate with various sectoral economic groups required to regularly submit group-specific information to Government Departments and agencies, for example, motor traders, industrial groups and representative bodies. However, the whole area of electronic service provision must be approached with caution. The absence of suitable public standards regarding unique identification and privacy constrains the types of electronically-based services that can currently be provided.
Legal issues also need to be addressed, including the evidential value of electronically-based transactions in Irish courts. These legal questions are common to all administrations. They are beginning to be addressed in other administrations in Europe, and it is likely that EU-wide solutions will emerge over the next few years.
For these reasons, there are difficulties in setting a target on the lines suggested by the Deputy. The issue of standards and a legal framework are now being examined by the Information Society Commission and I look forward to receiving the advice of the commission in due course. In the meantime, consideration of how best to exploit the potential of information technology in meeting the needs of their customers and clients in the context of the strategic management initiative is being advanced through the new SMI Implementation Group.
What is the state of work with regard to the evidential value of electronic transactions in courts given that a resolution of this issue is crucial to any serious use of electronic mail for commercial purposes?
This matter has not been tested but the commission is examining precisely how it could be undertaken. It is looking at what is taking place in other administrations although there has been little movement elsewhere. The Deputy is correct in saying it is vital. While much progress has been made on straightforward issues such as Revenue returns, social welfare benefits and compliance with various licences, we must await until the court issue is resolved.
The taxation of technology information, a "bit tax", is a separate issue which is also being examined. Both issues are fundamental to what will happen over the next few years. The technology companies, the Information Society Commission and the regulatory bodies are anxious for progress on this matter.
Would the Taoiseach agree that there is a potential opening for Ireland in being the first country to introduce clear legislation establishing the evidential value of electronic transactions? This could make us the location for similar work which would have the protection of the courts. Would he not agree that, in addition to relying on the Information Society Commission to work on this matter, he should direct the Department of Justice, Equality and Law Reform, the Law Reform Commission or both to prepare draft legislation as a priority?
Is there not a problem in that there are no laws governing libel, slander and decency in terms of what may be transmitted by electronic mail and other information disseminated electronically? This area needs legal attention in so far as other media are subject to proper protections yet there are no protections for persons' reputations regarding electronically transmitted material.
The Deputy is correct in pointing out the opportunities available for the future. Members of the commission and other commercial interests have pointed this out. I have had discussions since the beginning of September regarding regulatory control to examine whether we could establish it here and lead the way. Some useful work has been done but I would not wish to overstate that work. Some private companies have provided useful papers which could be used by the Information Society Commission and the Government. The Deputy will also be aware of the Forfás report which was presented some time ago. A report was commissioned by the former Minister for Enterprise and Employment, Deputy Richard Bruton, which sought to examine aspects of this issue. That report has been taken on board by officials in the Department of Public Enterprise, Forfás and the Information Society Commission itself.
In relation to the legal aspects of this issue and the controls which are in place, the Department of Justice is looking at those, particularly in relation to child pornography, and will examine the possibility of introducing legislative demands. Such legislation could also cover areas other than child pornography.
Informal and formal talks are ongoing in Brussels on precisely how the legal issue can be dealt with. Some countries have started to take in data on web sites and subsequently sublet the information. They have run into great difficulties because of the legal consequences involved. I will ask the Department of Justice and the Attorney General to give particular attention to that issue.
