Dáil Éireann Debate, Thursday - 1 June 2023
172. Deputy Patrick Costello asked the Minister for Public Expenditure, National Development Plan Delivery and Reform when he will introduce legislation in relation to the Office of the Information Commissioner to ensure its procedures comply with the administration of justice requirements of the requirements of the Zalewski decision. [26900/23]
View answerThe Information Commissioner is independent in the performance of his functions in practice and by law, section 43(3) of the Freedom of Information Act 2014 refers. Section 45(6) of the Act further provides that the Commissioner may adopt such procedures as are appropriate in the particular circumstances, which should be as informal as is consistent with the performance of the function concerned. The character of the Commissioner's process is inquisitorial rather than adversarial, and places an onus on public bodies to demonstrate that their decisions are justified, rather than requiring an individual to show that they are not.
A review of the FOI legislation is currently close to completion. Both the independence of the Commissioner and the informal, inquisitorial nature of the relevant processes as set out in the 2014 Act are central and essential features of the FOI framework. Insofar as any interventions are required to support and maintain these principles, this may be undertaken following the review. However, although the final review report and recommendations have not yet been finalised, it is not obvious at this point that any changes to the current arrangements in this regard are in fact necessary.
