Dáil Éireann debate -
Thursday, 3 Apr 2003

Vol. 564 No. 3

Written Answers - Freedom of Information.

Richard Bruton

Question:

169 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources the instances in the past five years where a record relating to the deliberative process of a public body under his Department was released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9302/03]

Richard Bruton

Question:

170 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources the instances in which records relating to a committee appointed by the Government to advise it on a particular issue have been released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9317/03]

Richard Bruton

Question:

171 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources the instances in which records relating to security, defence or international relations have been released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9347/03]

Richard Bruton

Question:

172 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources the instances where the existence of information which was either obtained in confidence or commercially sensitive was released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9333/03]

Richard Bruton

Question:

173 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources the instances where communications between Ministers in relation to a particular matter which has been submitted to the Government for their consideration have been released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9362/03]

Minister for Communications, Marine and Natural Resources (Mr. D. Ahern)

I propose to answer Questions Nos. 169 to 173, inclusive, together.

With regard to the matter of communications between Ministers, the application of exemptions or interest tests does not arise under the Act. Section 19 provides exemptions to records of the Government, which includes committees appointed by the Government with a specified membership. The section does not provide for the application of a public interest test, except in so far as it relates to the disclosure of the existence of a record. Access to the records of Government is generally refused under the provisions of the Act.

The Act sets out the basis for application of exemptions to records relating to security, defence, international relations, information contained in confidence, commercially sensitive information and the deliberative process. Decisions on the application of those exemptions under the Act and on how relevant public interest tests should be applied are made by designated decision makers to whom the powers of heads of Departments have been generally delegated. Where a particular exemption was applied, this would occur only after the decision maker concluded that the application of any relevant public interest test did not outweigh invoking the exemption.

The numbers of FOI requests refused under the relevant sections of the Act are not available in this Department. There was one instance in which such a decision to refuse access has been overturned by the Information Commissioner, where the reason for given by the commissioner related to the application of the public interest test. Information would generally not be available in relation to instances where a decision maker had concluded that application of a public interest test warranted not invoking a potential exemption and releasing a record. Decision makers usually record only grounds on which records are not being released.

Richard Bruton

Question:

174 Mr. R. Bruton asked the Minister for Arts, Sport and Tourism the instances in the past five years where a record relating to the deliberative process of a public body under his Department was released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9303/03]

Minister for Arts, Sport and Tourism (Mr. O'Donoghue)

I have no information relating to the release under the Freedom of Information Act of records of public bodies under the aegis of my Department. These are day to day matters for the public bodies themselves.

Richard Bruton

Question:

175 Mr. R. Bruton asked the Minister for Arts, Sport and Tourism the instances in which records relating to a committee appointed by the Government to advise it on a particular issue have been released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9318/03]

Richard Bruton

Question:

176 Mr. R. Bruton asked the Minister for Arts, Sport and Tourism the instances in which records relating to security, defence or international relations have been released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9348/03]

Richard Bruton

Question:

177 Mr. R. Bruton asked the Minister for Arts, Sport and Tourism the instances where the existence of information which was either obtained in confidence or commercially sensitive was released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9334/03]

Richard Bruton

Question:

178 Mr. R. Bruton asked the Minister for Arts, Sport and Tourism the instances where communications between Ministers in relation to a particular matter which has been submitted to the Government for their consideration have been released under the Freedom of Information Act 1997, where the public interest was not on balance better served by granting rather than refusing the request; and in each case if this release was made by the head of the public body, or on appeal to the Information Commissioner. [9363/03]

Minister for Arts, Sport and Tourism (Mr. O'Donoghue)

I propose to answer Questions Nos. 175 to 178, inclusive, together.

I am not aware of any instance in my Department where information, which could have been exempted under the provisions of the Act, was released in the public interest where such release was later found, on balance, not to have been in the public interest.

Information would generally not be available in relation to instances where a decision maker had concluded that application of a public interest test warranted not invoking a potential exemption and releasing a record. Decision makers usually record only grounds on which records are not being released. Where a particular exemption was applied, this would occur only after the decision maker concluded that the application of any relevant public interest test did not outweigh invoking the exemption.

Section 19 of the Freedom of Information Act 1997, provides exemptions to records of the Government, which includes committees appointed by the Government with a specified membership. The section does not provide for the application of a public interest test, except in so far as it relates to the disclosure of the existence of a record. Access to the records of Government is generally refused under the provisions of the Act.

The Act sets out the basis for application of exemptions to records relating to security, defence, international relations, information contained in confidence, commercially sensitive information and the deliberative process. Decisions on the application of those exemptions under the Act and on how relevant public interest tests should be applied are made by designated decision makers to whom the powers of Heads of Departments have been generally delegated. With regard to the matter of communications between Ministers, the application of exemptions or interest tests does not arise under the Act.