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Dáil Éireann debate -
Thursday, 3 Apr 2003

Vol. 564 No. 3

Written Answers - Freedom of Information.

Richard Bruton

Question:

232 Mr. R. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs 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. [9308/03]

Richard Bruton

Question:

233 Mr. R. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs 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. [9323/03]

Richard Bruton

Question:

234 Mr. R. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs 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. [9353/03]

Richard Bruton

Question:

235 Mr. R. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs 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. [9339/03]

Richard Bruton

Question:

236 Mr. R. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs the instances where communications between Ministers in relation to a particular matter which has been submitted to the Government for their consideration, has 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. [9368/03]

I propose to take Question Nos. 232 to 236, inclusive together.

The Deputy's questions appear to relate to cases where records were released under FOI, despite exemptions being possibly applicable and where the balance of the public interest was against release. Decisions under the Freedom of Information Act are generally delegated to officials pursuant to section four of the Act. Also, it is reasonable to expect, consistent with the provisions of the Act and best practice, that records would not normally be released where exemp tions may apply and where the balance of the public interest lies against disclosure.
My Department is not aware of any instance, since its establishment in June 2002, where records were released in such circumstances, nor am I aware of any related cases where the Information Commissioner has authorised the release of records in such circumstances.
As regards public bodies under the aegis of my Department and subject to FOI, the Deputy will appreciate that decisions on FOI requests are made, consistent with the provisions of the Act, without reference to my Department.
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