Dáil Éireann Debate, Wednesday - 30 April 2014
234. Deputy Eric Byrne asked the Minister for Public Expenditure and Reform if he will clarify a situation regarding freedom of information and a proposal from a person (details supplied); and if he will make a statement on the matter. [19234/14]
View answer246. Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform his plans to reinstate section 16 of the Freedom of Information Act 1997; if not, his reasons for same; if he has received advice that sections 15 and 16 of the FOI Act 1997 should be changed; and if he will make a statement on the matter. [19691/14]
View answerI propose to take Questions Nos. 234 and 246 together.
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 Deputies may wish to note the speech I delivered at a Public Affairs Ireland Conference last month on this objective which is available at www.per.gov.ie/speeches.
I have taken the decision to replace Sections 15 and 16 of the Freedom of Information Act 1997 with Section 8 of the new Freedom of Information Bill, which 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 and 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.
There has been a misconception in some quarters that public bodies will decide themselves on what should be included in their publication schemes. This is incorrect. 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. Furthermore, as can be 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 published under 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 introduction of 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 Deputies 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 and processes, Ministerial speeches and press releases);
- circulars, guidance, procedures and rules used by the body for the purposes of decisions, determinations or recommendations under or for the purposes of any enactment or scheme implemented by the body (e.g. involving grants) concerning the rights, obligations, penalties etc to which members of the public are or may be entitled or subject;
- details of services provided by the body including how such services may be accessed;
- details of expenditures over an agreed threshold;
- information about the procurement of goods and services;
- 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.
The Deputy may, therefore, wish to note that a public body's publication scheme will effectively encompass the relevant information which previously would have been subject to section 16 of the FOI Act. There will, therefore, be no diminution in the volume and quality of information provided into the public domain, rather as set out above, the approach is expected to lead to a substantial increase in the public availability of official information. I will be submitting the draft Code of Practice which will set out the details of the proposed publication scheme model to Government for approval to initiate a public consultation on the Code of Practice in due course.
