Vol. 546 No. 4
1 Mr. Noonan asked the Taoiseach the number of freedom of information requests received by his Department since July 2001; the number of these requests which were granted; and if he will make a statement on the matter. [30971/01]
A total of 105 requests under the Freedom of Information Act, 1997, were received in my Department from 1 July to 12 December 2001. Of these, a decision was taken to grant the request in 15 cases and to part grant it in 28 cases. In the remaining cases, 11 requests were refused, no records were held in respect of ten cases, seven requests were transferred, 13 requests were withdrawn and there are 21 cases ongoing. Requests received in my Department are processed in accordance with the Act. The implementation of the Act in my Department is kept under review on an ongoing basis.
Does the Taoiseach agree that the Freedom of Information Act cannot operate properly unless full records are kept by civil servants? When I raised this issue previously with the Taoiseach, asking him when the long-promised guidelines on the keeping of records by civil servants in Departments would be promulgated, he seemed unable to answer.
There is a procedure set out in all Departments for the implementation of the Freedom of Information Act by each policy unit. The procedure is there and the process under those procedures is clear. There were a number of queries and requests when the Act came into effect for guidelines but those were cleared up at the time. There are no outstanding issues regarding implementation of the Act.
The Taoiseach misunderstands my question. We are quite happy with the pro cedures in Departments regarding the application of the Act. My question related to the guidelines, which have been promised for over five years now. When will those guidelines, which relate to the keeping of written records by civil servants, be promulgated by the Government? Unless records are kept, the Freedom of Information Act is a fairly idle mechanism. According to the Taoiseach's reply there were no records available in response to ten requests.
To put it bluntly, in some of the Scandinavian countries which led the way on this, freedom of information legislation operates indifferently because less records are now kept than prior to the implementation of the legislation. This is a promise made by the Government going back over four and a half years – that guidelines would be promulgated by the Taoiseach and the Secretary General of his Department setting out when and in what circumstances the need to keep written records would not apply, in what circumstances written records would have to apply and the nature of those records. Will the Taoiseach answer that question? He has avoided answering it so far.
There are stipulations under the Freedom of Information Act and I have no information on any other guidelines. In all Departments there are guidelines stipulated which people must follow. It is assumed that records are being kept. In the ten cases there are no records because there are no records; there are issues there which are not within the remit of my Department and that happens to all Departments. There are no other guidelines in relation to freedom of information, to the best of my knowledge, under the framework that was agreed for processing the Act or under the rules on the right of access to records. Guidelines may have been promised under some other procedure, but I can only answer for my Department. The rules with which I am familiar include the Act itself, with which Deputy Noonan has said he has no problem, and the rules for the processing of information. I do not think there are any other Civil Service guidelines for keeping records and I believe Departments are continuing to keep records in the manner which has always been used.
The Taoiseach has either misunderstood my query or he is being disingenuous. I have absolutely no problem with the manner in which the Freedom of Information Act, 1997, operates in Departments as clear guidelines outline the procedures which are to be followed. The Taoiseach is correct to say that there are no guidelines about the keeping of records, but I am asking when such guidelines will be laid down as they have been promised on a number of occasions. Do circumstances exist under which civil servants are free not to record vital information in writing? The lack of such guidelines has been a flaw in freedom of information legislation in other jurisdictions, including some states in the United States. The Government has promised that guidelines, not on procedures but on the keeping of records, will be promulgated at an early date. When will this happen?
I understand the Deputy's point, but all I can say to him is that I will check if a promise was made. I do not recall making such a promise when answering questions about freedom of information.
Does the Taoiseach think guidelines are desirable?
There might be an old set of rules. The only thing that has changed as a result of the Freedom of Information Act is that civil servants no longer keep manuscript notes, but such a practice was not set down in regulation. It is clear that there are fewer manuscript notes since the Act came into force, but I do not think such notes were ever part of the official procedures of health boards, local authorities and Departments. Some officials seem to keep notes and some do not, but it is not an official stipulation, as far as I am aware. I understand what Deputy Noonan is saying and I will check the matter for him. Clear Civil Service rules state that paperwork and internal memorandums should be retained, although I do not know if this has ever been set out in a circular.
How do civil servants know that documents should be retained if it has never been made clear?
There may be an old rule. Some civil servants keep written records of telephone calls and retain written manuscripts, but some do not.
Will the Taoiseach communicate the results of his investigation?
I will communicate the findings.
My final supplementary question on this matter relates to a recent request I made under the Freedom of Information Act regarding the Government communications unit. The request was refused but the Taoiseach indicated in his reply that future requests will be acceded to now that a political appointee has left the unit. Can the Taoiseach confirm that all information will be made available if a request is made in relation to the communications unit?
That is my understanding. The original request was refused as a result of issues relating to a document which was considered to be confidential. I believe that normal information from the Government communications unit is suitable for release under the terms of the Freedom of Information Act.
