Vol. 492 No. 2
39 Mr. Rabbitte asked the Minister for Finance the directions or guidelines, if any, he has issued in relation to the operation of the Freedom of Information Act, 1997, as it relates to the answering of parliamentary questions; the documents the questioning Deputy is entitled to; and if he will make a statement on the matter. [12744/98]
The basic rule of the Freedom of Information Act is that requesters can access information sought under that Act unless it is protected by an exemption. This position is no different for records created in the process of responding to parliamentary questions. Under freedom of information a person can obtain background information relating to a parliamentary question, as is protected by an exemption.
In practice this means that material for supplementary questions must be provided to a freedom of information requester. The reasoning for this is straightforward — if the material was liable to be publicly disclosed in the course of an Oireachtas debate it cannot subsequently be regarded as confidential and exempt under the Freedom of Information Act.
As regards briefing material for a parliamentary question, access will be determined by reference to the content of the documents involved. For example, where some of the briefing material for a parliamentary question contains economically sensitive material, or material relating to State security, this element of the briefing could be exempted from release. However, the balance of non-exempt information would be accessible under freedom of information.
A freedom of information central policy unit was established last year in my Department. In conjunction with an interdepartmental working group, it has prepared a manual for Departments and public bodies setting out extensive guidance on the application of the various provisions of the Act. Because the ground rules for records created in response to parliamentary questions are no different to those for records generally no particular written guidance has been provided in that regard. However, Departments are well aware of the arrangements which apply.
