Dáil Éireann Debate, Thursday - 2 March 2023
108. Deputy Mairéad Farrell asked the Minister for Public Expenditure, National Development Plan Delivery and Reform if he will provide an update on the legislation he will bring forward this year in relation to the Freedom of Information Act 2014; and if he will make a statement on the matter. [10528/23]
View answerThis question relates to an update of the legislation the Government will be bringing forward in respect of freedom of information, FOI, requests.
I thank the Deputy. A review of the FOI legislation is currently taking place. This review will form the basis for any changes to the legislation that I expect the Government to bring forward later in the year. To answer the Deputy directly, given the confines of time, I expect it will be during this year that the review will conclude and I will be in a position to bring forward any improvements or changes to legislation that are merited.
An issue I have raised with the Minister previously, and that I hope he will look it, relates to the appeals process. We are all aware that people sometimes put in FOI requests that are refused or the information is redacted and after an appeal, that information becomes available. We need to consider that in terms of transparency. FOI is there to provide as much transparency as possible. That kind of thing should not be seen as creating barriers for people to get that information. Most people look at it in good faith and do not take that approach, but a good provision in the updated Bill would be that the Department has to refund appeals that are upheld. We could then see the amount of money that is spent on the refunding of appeals and we would have a clear indication. It can only be of benefit for us to know which Departments are not engaging as proactively in the FOI process as they should be.
As the Deputy is aware, my predecessor as Minister, Deputy Michael McGrath, published a comprehensive update regarding the work that is under way on the FOI legislation. The legislation is actively used at the moment. The annual volume of requests doubled between 2014 and 2019. The drop-off in the use of FOI legislation during the pandemic has now ceased and we are seeing a further upward trend in the number of applications being made.
Approximately four out of every five requests submitted are granted in full or in part. That rate is consistent from year to year. This legislation is well used but, in spite of that, I am aware that only 25% of requesters and 40% of public servants agree that the freedom of information system is fully fit for purpose. It is because of all of those points that the review of this legislation that is under way is very much merited. The Deputy will appreciate that I cannot prejudge at this point what the outcome of that review will be and therefore cannot say what recommendations I may bring forward. However, as I said in my opening answer, I expect that the work will be done and any changes recommended during the year.
