Dáil Éireann Debate, Tuesday - 27 November 2018
94. Deputy Mick Wallace asked the Minister for Public Expenditure and Reform if he is satisfied with the functioning of the freedom of information system in place under the Freedom of Information Act 2014; if he will consider amending section 44 of the Act to give himself the power to instruct the Information Commissioner to carry out a review of the operations of the Act; and if he will make a statement on the matter. [49197/18]
View answerThe 2014 Act was the product of a very extensive process of review, involving FOI users, academics and transparency advocates, as well as representatives of public bodies. These findings informed all aspects of the approach taken in the Act, as well the Code of Practice issued under the legislation, which sought to bring about greater efficiency, consistency and promote best practice in the operation of FOI throughout public bodies.
FOI gives rise to significant challenges. The number, nature and complexity of requests continues to grow. To support the effective implementation of FOI, the FOI Central Policy Unit at my Department oversees a training framework to ensure consistency in standards and approach through which over 9,000 participants have receiving training. The Central Policy Unit also provides ongoing support and advice to citizens and to FOI bodies through its website, www.foi.gov.ie and helpdesk and has presented at a number of conferences and training events. Networks for FOI Bodies have been established which provide an excellent means of sharing learning and expertise, assisting in the development of common approaches and facilitating the transfer of learning between FOI bodies.
Some 33,979 requests were received across the system in 2017, a record number, representing an increase of 11% on 2016. The total annual usage figure has risen by 67% since the 2014 Act came in to force. 74% of those requests were granted either in full or in part. It is also worth noting that in only 3% of cases did requesters avail of the review mechanism available to them, with only 1.5% of seeking an independent review by the Information Commissioner. The steps taken by my Department and the low level of appeals gives some indication of the progress being made in the implementation of the 2014 Act and the general satisfaction of requesters.
As the Deputy will be aware, under section 44 of the 2014 Act the Commissioner, supported by his staff, has extensive powers to keep the operation of the 2014 Act under review on an ongoing basis, as well as to carry out investigations at his own initiative if he believes it is warranted. By law, the Commissioner is independent in the performance of his functions, which is of tremendous importance in ensuring that his Office is seen to be impartial in carrying out is functions. I do not see that there is any compelling reason to compromise that independence by empowering the Minister for Public Expenditure and Reform to direct him in the performance of his role.
