Vol. 486 No. 6
1 Mr. J. Bruton asked the Taoiseach the steps, if any, taken in his Department to comply with the provisions of the Freedom of Information Act, 1997; the staffing implications, if any, for his Department of complying with the Act; the cost to his Department of compliance and if he will make a statement on the matter. [1203/98]
A departmental steering committee was established in my Department to oversee the implementation of the Act. The Department is also represented on the Freedom of Information Interdepartmental Working Group in the Department of Finance, which is co-ordinating the implementation of the Act throughout the Civil Service. Training is taking place for key decision makers and other staff.
Substantial staff resources, within existing staff allocations, are being devoted to preparations for the implementation of the Act, but it is not possible to distinguish between these and the activities of the Department, including the GIS generally. It remains to be seen whether there will be a requirement for additional staff resources or if other expenditure will be required after the Act comes into force.
My Department is at an advanced stage in the publication requirements under sections 15 and 16 of the Act. The final cost of these has not yet been ascertained.
Will the Taoiseach indicate if his Department has informed all those who do business with it that they are required to preserve and to have available any documents they have in regard to the business they are doing with it for inspection under the Freedom of Information Act?
I understand it has complied fully and drawn up a list of all those that would be involved. The Deputy will be aware a number of sections that deal with the Department are not covered by the Act. The bodies under the aegis of the Department covered by the Act are the CSO and the Office of the DPP, but the partnership group, the information society, the NESF, the NESC, the LRC and others are not covered. As far as I am aware, it has informed the sections relevant to it. The central policy unit has also drawn up a comprehensive list.
Obviously I did not put my question properly. Is the Taoiseach aware that private businesses doing business with his or any other Department, covered under the Freedom of Information Act, are also obliged to preserve documentation in their care for access under the Freedom of Information Act as distinct from the information available in the Department? Have those in the private sector generally who are doing business with Government, not only with his Department but with all Government agencies covered by the Act, been informed that these obligations extend to them? Will the Taoiseach quantify how much training time has been allotted in his Department to prepare for the radical change involved in the implementation of this Act? Have all staff or only a few key decision makers been trained? How much time has been devoted to training staff? How many days' training has there been?
I do not have details of the number of man hours spent on that. If the Deputy requires that information I can supply it to him. An extensive amount of training has been provided for those who will be directly involved, mainly decision makers. That took place late last year and there will be further training this year.
The answer to the Deputy's question on agencies that would have information that would be covered by the guidelines from my Department is "yes". I do not know the position regarding other Departments, but I assume the central policy unit under the Department of Finance has also done that.
I was not referring to agencies but to private businesses and firms.
I know what the Deputy was referring to. The answer is "yes" in respect of private businesses in respect of business they have been doing with my Department. I assume the same has been done by the central policy unit.
Will the Taoiseach indicate what information in general will be available from his Department under the Freedom of Information Act, when it will be available and how it can be accessed?
Most of the information is covered by sections 15 and 16 which are the central sections of the Act. Section 15 obliges each Department, including the Department of the Taoiseach, to publish a booklet of the functions of the Department, each division of the Department, their roles and structures, public notices and information on the application of the Freedom of Information Act. The Departments must also give information about procedures and access to information. In the case of the Department of the Taoiseach the booklet is at an advanced stage and will be ready well before the due date of 21 April.
How will the information be accessed? Will people have to write in for it or will there be a public office to make it available?
The central policy unit will have a general Government booklet but each Department's booklet will be widely available through the Government Publications Office and possibly through library services.
Section 16 obliges the publication of any departmental schemes in operation. This may not affect the Department of the Taoiseach but it would include any scheme of which the public should be aware.
Does the Taoiseach propose to sign a certificate in respect of his Department to exclude from the provisions of the Freedom of Information Act information within his Department which he considers sensitive from the point of view of the security of the State, the enforcement of law or international relations? Will the Taoiseach make a statement to the House indicating the grounds for any such certificates he may intend to issue to ensure that such information is not available?
At this stage I have no such statement to make and no such areas I wish to exclude. If it arises I will make a statement.
