Vol. 515 No. 1
29 Mr. Quinn asked the Minister for Finance the number of outstanding appeals in regard to decisions under the Freedom of Information Act, 1997, to be heard by the Information Commissioner at the latest date for which figures are available; when additional staff will be provided to help clear the backlog; and if he will make a statement on the matter. [5277/00]
128 Mr. Higgins (Mayo) asked the Minister for Finance the number of reviews pending before the Information Commissioner; and the application, if any, made for an increase in staff at the office. [5715/00]
I propose to take Questions Nos. 29 and 128 together.
I am informed by the office of the Information Commissioner that there are currently a total of 444 reviews on hand, plus a further 83 applications for review which have not yet been accepted. There is normally a short delay in deciding whether an application for review is valid.
The Minister for Finance recently sanctioned an increase from four to seven in the number of investigators in the office of the Information Commissioner. An additional executive officer post was also sanctioned. I am sure the House will agree that the role of the Information Commissioner in reviewing requests for access to records held by public bodies, under the Freedom of Information Act, is of particular importance. While recent figures suggest that around 5% of the more than 15,000 FOI requests received by public bodies up to the end of 1999 have been referred to the Commissioner, these will, of their very nature, include some of the more complex and contentious cases. I expect the 75% increase in staffing at the investigator level will allow for a significant reduction in the backlog of cases on hands in the Information Commissioner's office.
Will the Minister indicate the average length of time in dealing with the review and the number of reviews which have been waiting for more than a year? Will he agree that where the release of information is delayed for that length of time, frequently the information will be of little or no relevance and that this type of delay makes a nonsense of the Act?
I do not accept the Deputy's latter point. One cannot give an average time because each case varies tremendously in the context of the material sought and whether a third party is involved. Approximately 51 cases have been delayed for more than a year which is quite small in the context of 15,000 cases. This compares well with any other jurisdiction. I hope there will be a double hit as a result of the increase in the numbers of staff. Given that this was a new Bill and a new way of doing business, so to speak, there was a learning curve involved during the early part of its implementation. Many case precedents were set over that period and we are now building up a certain number of precedents which will allow for a much quicker review of many cases in similar areas. There should be a dual benefit in the context of the extra staff and the experience gained in the past 12 months.
How many semi-State agencies come within the remit of the Freedom of Information Act at present? How long does it take to add another State agency so that people can obtain information under the Act?
I do not have the exact figure but more than 200 different bodies are involved under the Freedom of Information Act, which is quite substantial. There are immediate plans for further increases. The Deputy will be aware that we decided to roll out the FOI on a continuous basis and this has worked well. I would like to give the different Departments, State agencies and so on at least one year's advance warning so that they can train staff and be in a position to deal with it efficiently and speedily within the short timespan and criteria laid down under the Freedom of Information Act. More bodies will come within the scope of the Bill in July and there is a rolling programme up to July 2001. I will make the list, which is public knowledge, available to the Deputy.
When will the additional staff be recruited?
As quickly as possible. Discussions are ongoing and they want the staff as soon as possible.
Will the Minister ensure the National Roads Authority is one of the bodies under the remit of the Freedom of Information Act?
As the Deputy is aware, I met the Committee on Finance and Public Affairs and yesterday I met the strategic management initiative committee to discuss the CSUN report. The Deputy's point was raised and my view is that any body in the public domain which deals with taxpayers' money should be accessible under the freedom of information legislation. The body mentioned by the Deputy is one of a number of bodies which will come under the Freedom of Information Act in the near future.
