Dáil Éireann debate -
Thursday, 3 Apr 2003

Vol. 564 No. 3

Written Answers - Freedom of Information.

Richard Bruton

Question:

85 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the instances in the past five years where a record relating to the deliberative process of a public body under her 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. [9296/03]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The main agencies and offices under my Department are the subject of specific designations under the Freedom of Information Act 1997. Responsibility for Freedom of Information requests in respect of the deliberative processes of those bodies is a matter for the head of the body concerned as specified under section 2(1)(k) of the Act. As regards those public bodies under the aegis of my Department which are not currently the subject of a separate designation, my Department's information indicates that there are no cases where an initial decision to refuse access to deliberative material was subsequently overturned or varied on appeal. Within my Department itself, the Deputy may wish to be aware that there have been two relevant cases of release of information for which protection was originally sought on the basis of the deliberative process, as a result of an internal review of the initial decision to withhold such information.

Richard Bruton

Question:

86 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment 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. [9311/03]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

Under the current legislation, any refusals to release records relating to committees appointed by the Government, to advise it on a particular issue, would fall within the ambit of section 19 of the Act. That 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.

Richard Bruton

Question:

87 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment 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. [9341/03]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

Under the Freedom of Information Act 1997, consideration of the release of records relating to security, defence or international relations falls under the ambit of section 24 of the Act. That 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. There is one case in my Department where the Information Commissioner varied a decision under section 24. However, as indicated, consideration of the public interest did not arise in this instance.

Richard Bruton

Question:

88 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment 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. [9327/03]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

Under the Freedom of Information Act 1997, requests for information which was either obtained in confidence, or is commercially sensitive, comes under the ambit of sections 26 and 27 of the Act. Where, under these sections, and in the judgment of the decision maker the public interest is not on balance better served by granting rather than refusing the request, the decision maker is obliged to refuse access to the relevant records.

The matter of release of records which have been withheld on the basis of application of the public interest test, therefore, only arises if the initial decision is appealed by the requester. In such cases, the Act provides that the initial decision may be overturned or varied, either on internal appeal, or on subsequent appeal to the Information Commissioner.

It should be noted that the reasons for varying or overturning a decision can be complex and more than one reason can apply in each specific case. However, according to my Department's information, there are two cases where an initial decision was overturned or varied on internal appeal, the reasons for which relate principally to one of the issues raised by the Deputy. There are no records of cases overturned or varied by the Information Commissioner in this instance.

Richard Bruton

Question:

89 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment 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. [9356/03]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

Under the Freedom of Information Act 1997, consideration of the release of records relating to communications between Ministers in relation to a particular matter which has been submitted to the Government for their consideration, falls under the ambit of section 19 of the Act. That 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.

Richard Bruton

Question:

90 Mr. R. Bruton asked the Minister for Defence 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. [9297/03]

Minister for Defence (Mr. M. Smith)

I assume the Deputy is referring to records which are normally exempt under section 20 of the Freedom of Information Act 1997. The Act requires a decision maker to refuse access where the public interest consideration falls against release and, accordingly, instances where records would be released where consideration of the balance of public interest falls for refusal would not arise.

Richard Bruton

Question:

91 Mr. R. Bruton asked the Minister for Defence 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. [9312/03]

Minister for Defence (Mr. M. Smith)

I assume the Deputy is referring to records which are normally exempt under section 19 of the Freedom of Information Act 1997. That 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. In general, the Act requires a decision maker to refuse access where the public interest consideration falls against release and, accordingly, instances where records would be released where consideration of the balance of public interest falls for refusal would not arise.

Richard Bruton

Question:

92 Mr. R. Bruton asked the Minister for Defence 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. [9342/03]

Minister for Defence (Mr. M. Smith)

I assume the Deputy is referring to records which are normally exempt under section 24 of the Freedom of Information Act 1997. 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. In general, the Act requires a decision maker to refuse access where the public interest consideration falls against release and, accordingly, instances where records would be released where consideration of the balance of public interest falls for refusal would not arise.

Richard Bruton

Question:

93 Mr. R. Bruton asked the Minister for Defence 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. [9328/03]

Minister for Defence (Mr. M. Smith)

I assume the Deputy is referring to records which are normally exempt under sections 26 and 27 of the Freedom of Information Act 1997. The Act requires a decision maker to refuse access where the public interest consideration falls against release and, accordingly, instances where records would be released where consideration of the balance of public interest falls for refusal would not arise.

Richard Bruton

Question:

94 Mr. R. Bruton asked the Minister for Defence 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. [9357/03]

Minister for Defence (Mr. M. Smith)

I assume the Deputy is referring to records which are normally exempt under section 19 of the Freedom of Information Act 1997. 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. In general, the Act requires a decision maker to refuse access where the public interest consideration falls against release and, accordingly, instances where records would be released where consideration of the balance of public interest falls for refusal would not arise.