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Freedom of Information

Dáil Éireann Debate, Tuesday - 30 November 2021

Tuesday, 30 November 2021

Questions (209)

Thomas Pringle

Question:

209. Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform if he will ensure that the freedom of information units across all Departments deal with the freedom of information requests in a consistent manner (details supplied). [58811/21]

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Written answers

The Central Policy Unit for Freedom of Information at my Department has put in place a broad array of supports for bodies across the civil and public service in order to assist them in discharging their obligations under the Freedom of Information Act in an efficient and thorough manner.

The Central Policy Unit has published on its website sample letters covering various situations that may arise when processing a request, guidance notes and a comprehensive manual for decision makers. In addition, my Department maintains the Code of Practice for FOI which details the roles and responsibilities in the administration of the FOI system. The Central Policy Unit also operates a helpdesk that is available to advise and guide decision makers in relation to issues they may have in implementing the FOI regime.

Furthermore, my Department has put in place a standardised training framework for FOI, in order to inculcate a strong knowledge of what is required under the FOI system throughout the civil and public service. Since this arrangement was first put in place in 2015, more than 7,000 officers across the system have received training through the framework.

Section 27(14) of the Act obliges public bodies to endeavour to put in place mechanisms to facilitate payments required in processing an FOI request by electronic means. This position is reflected in the code, manuals and sample letters.

While my Department has produced supports and guidance around the FOI process, I should also acknowledge the excellent guidance documents on the operation of the legislation that have been published by the Office of the Information Commissioner, which have proven invaluable to decision-makers across the system.

I also note that the basic requirements for an FOI decision have a statutory basis under section 13 of the Act, while the Information Commissioner has powers to direct that a revised decision is issued where this standard is not met. Only three such directions were made in 2020, for context 32,652 FOI requests were handled by public bodies in that year, and the Commissioner observed in his Annual Report that this notably low number was part of a continuing trend of improvement.

Finally the FOI system covers approximately 600 organisations that are diverse in terms of size, functions and structure. As such, while I have outlined the supports that are available to decision makers, it is ultimately a matter for each decision maker to apply the legislation and guidance as appropriate in the circumstances of a particular request, and for each organisation to tailor the general approach where necessary to meet its own circumstances. 

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