The reform of Freedom of Information legislation is central to the Government's goal of enhancing public governance through a significant strengthening of openness, transparency and accountability of government and public administration. In that regard, the Deputy may wish to note the speech I delivered at a Public Affairs Ireland Conference earlier this month on this objective which is available at www.per.gov.ie/speeches.
In response to the Deputy's questions about Section 8 of the Freedom of Information Bill, I can confirm that Section 8 replaces Sections 15 and 16 of the existing 1997 Act and provides that each public body will publish a publication scheme instead of the Section 15 and 16 manuals. Given technological and ICT developments in the 16 years since FOI was first introduced, the migration of such information to websites, these manuals are not considered an effective way of promoting the proactive publication of information into the public domain. Publication schemes are regarded as good practice in FOI in other jurisdictions as a means of disseminating information relating to functions and activities of public bodies.
Under the new Bill when enacted, FOI bodies will be required to prepare and publish a publication scheme in accordance with either a model publication scheme or in accordance with guidelines to be made or revised by me as Minister, as a uniform approach would not necessarily be appropriate for Departments and agencies. Furthermore, as can been seen from Section 8(7) of the Bill (as approved by the relevant Dáil Committee), the model schemes and guidelines can only be made following consultation with the Information Commissioner and such other Minister as may be appropriate. I would also point out that Section 8 of the Bill provides that the information contained in the publication scheme will be reviewed at least on an annual basis and that, in the case of a person unable to access a website and who requests details of the nature of records held by a public body, details will be provided in written form.
The publication schemes is intended to facilitate much more proactive publication of information by public bodies. Greater publication of official data and information is also consistent with the Government's commitment to participate in the multilateral Open Government Partnership. In addition, as the Deputy will be aware, a review of FOI was carried out last year which resulted in the drawing up of a draft Code of Practice on the implementation of the FOI Act. While the model publication schemes or guidelines to be made by me are being developed, the draft Code will include general guidelines for public bodies on the appropriate content for publication schemes including provision for the publication of extensive information on:
- the nature, role, responsibilities and activities of public bodies including the structure;
- strategy and policy for delivering functions and services; classes of records held (e.g. publications, legislation, consultation procedures/processes, Ministerial speeches and press releases Circulars/guidance/procedures/rules for the purposes of decisions, determinations or recommendations, under or for the purposes of any enactment or scheme implemented (e.g. involving grants) with respect to rights, obligations, sanctions etc. to which the public is or may be entitled; or services provided including how such services may be accessed;
- details of expenditures over an agreed threshold;
- information about how goods and services are procured;
- information that is sought on a regular basis that would not be exempt under FOI;
- any rights of review or appeal in respect of decisions made by the body;
- contact points and locations.
I would like to assure the Deputy that one of the important aims of both the Bill and the Code of Practice is to improve the consistency and standardisation of approach by public bodies in responding to FOI requests and ensure they are dealt with as efficiently as possible.
