Freedom of Information.

Dáil Éireann Debate, Tuesday - 29 June 2004

Tuesday, 29 June 2004

Questions (352)

Jim O'Keeffe

Question:

352 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the central policy unit notices concerning the administration and handling of requests under the Freedom of Information Acts which state that it is good freedom of information practice, on receipt of a request, to consider whether the records sought are such that they can be released outside freedom of information and that when this is so, the record should be offered to the requester outside of freedom of information; if such central policy unit notices were adhered to by his Department in handling a request made by Deputy Kenny in his request for the minutes of meetings held with the masters of the maternity hospitals; if such directions were deviated from, the reason for so doing; and if he will make a statement on the matter. [19022/04]

Written answers

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The central policy unit notices to which the Deputy refers provide general guidance on the release of information sought outside the terms of the Freedom of Information Act. As such, they have no statutory basis and are not binding on departmental freedom of information officers. In keeping with standard practice, my Department's freedom of information unit in deciding to process the request in question in accordance with section 7 of the Act, had regard to the terms of these guidelines. Any decision to process a freedom of information request under the terms of section 7 of the Act does not prohibit the release of the information sought outside the terms of the Act. This was confirmed to me in a recent letter from the Information Commissioner which was copied to the Deputy.