Dáil Éireann debate -
Tuesday, 8 Apr 2003

Vol. 564 No. 5

Written Answers - Freedom of Information.

Richard Bruton

Question:

92 Mr. R. Bruton asked the Taoiseach 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. [9295/03]

Richard Bruton

Question:

93 Mr. R. Bruton asked the Taoiseach 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. [9325/03]

Richard Bruton

Question:

94 Mr. R. Bruton asked the Taoiseach 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. [9310/03]

Richard Bruton

Question:

95 Mr. R. Bruton asked the Taoiseach 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. [9326/03]

Richard Bruton

Question:

96 Mr. R. Bruton asked the Taoiseach the instances where communications between Ministers in relation to a particular matter which has been submitted to the Government for its 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. [9355/03]

The Taoiseach

I propose to take Questions Nos. 92 to 96, inclusive, together.

With regard to the matter of communications between Ministers, the application of specific exemptions or interest tests, other than those with general application, does not arise under the Act.

Section 19 of the Act provides exemptions to records of the Government, which includes committees appointed by the Government with a specified membership. 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. Access to the records of Government is generally refused under the provisions of the Act.

The 1997 Act sets out the basis for application of exemptions to records relating to security, defence, international relations, information obtained in confidence, commercially sensitive information and the deliberative process. Decisions on the application of those exemptions under the Freedom of Information Act 1997 and on how relevant public interest tests should be applied are made by desig nated 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 were two instances in which such decisions to refuse access have been overturned by the FOI Commissioner where the reason 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.