Enda Kenny
Question:1 Mr. Kenny asked the Taoiseach the number of freedom of information requests which were received by his Department during April 2003; the number which were acceded to; and if he will make a statement on the matter. [11456/03]
Ceisteanna – Questions. - Freedom of Information.
Caoimhghín Ó Caoláin
Question:2 Caoimhghín Ó Caoláin asked the Taoiseach the number of freedom of information requests received and acceded to by his Department in April 2003. [14473/03]
I propose to take Questions Nos. 1 and 2 together.
A total of ten freedom of information requests were received in my Department during April 2003. Of these, four were granted. In the remaining cases, one was part granted, no records were held in respect of three cases and two cases are ongoing.
All requests received in my Department are processed in accordance with the 1997 Act and, where appropriate, the 2003 Act. Its implementation in my Department is kept under constant review.
I thank the Taoiseach for that reply. Have any FOI requests been refused in his Department following the recent changes to the Act introduced by the Government? Will the Taoiseach comment on the fact that the Government information service recently inquired of all Departments if they would have a preference for freedom of information requests being cited on its website. Will he agree that should this be implemented it would be a retrograde step in that every request would become common knowledge?
That is the epitome of freedom of information.
I do not think any requests were refused. All the information is put up on websites. While every Department does not do this, some do. The practice appears to be to put any information that is given out on the website.
The spokesperson for the GIS said that while it was not actively under consideration she did not rule out a decision being made in this regard in the future. Is it the personal view of the Taoiseach that it would be a retrograde step if all requests for freedom of information were to be posted on the website, including requests from his Department? It would also do away with the exclusivity that the media might wish to have on stories in relation to the Irish Box and the Minister for Communications, Marine and Natural Resources.
I see. Freedom of information is about freedom of information.
Most of the information sought in my Department is on personal cases and I do not think this would be made public. However, it would not be any great harm to give out information on questions of a general nature.
It will save the Taoiseach going up the trees.
The Taoiseach indicated that there were ten requests during the month of April in regard to the passage of the Freedom of Information (Amendment) Bill 2003. Has there been an assessment in his Department of the effect of this legislation and the implications for requesters? Does the Taoiseach have the statistical breakdown of individual requests as against requests from members of the media or other organisations? He indicated that there were ten in all, four of which were acceded to. Does his Department hold to the norm where 60% of requests under FOI come from private individuals?
The Freedom of Information (Amendment) Bill widened the definition of Government. A Secretary General can now verify or certify a committee or working group and preclude its deliberations from FOI on the basis that it is part of Government. What are the implications of this for committees or working groups under the Taoiseach's Department?
The Deputy is going well outside the scope of the questions, including the question he submitted to the Taoiseach.
I understand—
We are dealing with requests received in the Taoiseach's office during the month of April 2003.
My question is a supplementary on the impact of the new legislation in relation to that. It is quite reasonable and within the scope of the question.
I do not have the figures with me. I gave the full number of questions for last year in reply to Deputy Kenny during the last Question Time this was discussed.
If I recall correctly, there has been no change in the majority of personal cases and neither has there been a change in the fee date. On the other questions, decision-makers are independent in the exercise of these functions but most of the questions are relatively straightforward and I do not envisage any change regarding them. They do not concern Government committees so they would not be subject to change in the deliberative process. Therefore, I do not see that the amending legislation will have much effect on my Department. The refusals are normally based on issues that are before Government and are usually section 19 exemptions which deal with Government meetings, but there are not many of those. While I recognise that ten is a small base, four were granted, one was partly granted – that is half of them – two cases are still ongoing and there is no information in three cases. The overall statistics for the year were similar so it covers practically the whole breakdown.
I take this opportunity to extend my best wishes to the new Information Commissioner on her elevation to that office, as reported today.
Is the Taoiseach aware of how many appeals there have been against decisions in his office during the past year? Are there plans to furnish additional resources to the Office of the Information Commissioner? I do not know what the position is regarding his Department but the Taoiseach will be aware that there is generally a three-year backlog. Has he plans to deal with that?
A total of 985 requests were received in my Department between April 1998, which was the starting date, and 4 April 2003. Of these, 297 were granted, 244 were partly granted, 60 were transferred to other Departments, 70 were withdrawn, 117 were refused, no records were held in respect of 172 cases and 25 cases are ongoing. The majority of cases that are refused in my Department tend to concern departmental memoranda that are before Government. Many of those requests come back in later and the information is provided. During the five years in question, I have only had a few appeal cases. The number is not contained in the reply but, as I recall, only a handful went to appeal.
The resources have already been increased although I am not too sure if there are any outstanding issues concerning the new Information Commissioner, Ms Emily O'Reilly, whom I wish well in her new post. I am sure that if there are any outstanding issues, once she has settled into her new position, they can be dealt with. However, most of the staffing issues were dealt with during the outgoing commissioner's term. There are now 370 bodies within the extended remit and workload the office has undertaken, which represents a huge increase. Most of the staffing issues were dealt with but it is an ongoing issue.
Two hundred and seventy?
I think there are 370 bodies – not people but bodies – for which the Office of the Information Commissioner is responsible.
What is the average timescale in processing the 25 ongoing cases mentioned by the Taoiseach? How many cases that have been referred from the Department of the Taoiseach to the Ombudsman have been successful?
As I said, there have only been a few cases from my Department but I would need to have the information before I can answer the Deputy. I do not want to make a guess about them. Nearly all the questions in my Department are dealt with within the appropriate timescale. Where that is not possible because of the extent of the information, the Department normally informs the individual and then tries to provide the additional information. That arises mainly when research is necessary to compile all the relevant information. However, most requests are fairly straightforward and can be answered within the time scale.
I wish to add my good wishes to the Information Commissioner on beginning her term of office. In relation to that office and particularly in relation to the Taoiseach's Department, are there adequate facilities and resources to ensure that the stream of information requests in the Irish language are dealt with as expeditiously as those in the English language? Has the Taoiseach any record of freedom of information requests in Irish?
I do not have such a record but I recall having answered that question previously. In my Department, at a number of levels, there are designated officials who deal with those requests. The number of requests is not very great, if I recall my previous reply correctly. However, there are people designated to deal with them promptly.
The Taoiseach stated, in his reply, that a number of the requests were dealt with under the previous legislation while others were dealt with under the current 2003 legislation. If all had been dealt with under the old legislation, would there have been a substantial difference in the content of the replies subsequently dealt with under the 2003 legislation?
None at all.
I did not hear the Taoiseach's reply.
There would have been no difference.