Dáil Éireann díospóireacht -
Tuesday, 3 Mar 1998

Vol. 488 No. 1

Written Answers - Freedom of Information Act.

Róisín Shortall

Ceist:

65 Ms Shortall asked the Minister for Finance the names of the officers in each Department and other relevant bodies who have been nominated to oversee the implementation of the Freedom of Information Act, 1997. [5587/98]

Michael Bell

Ceist:

79 Mr. Bell asked the Minister for Finance if he will confirm that his Department's circular 15/79 will be rescinded as soon as the Freedom of Information Act, 1997, is implemented. [5567/98]

Minister for Finance (Mr. McCreevy)

I propose to take Questions Nos. 65 and 79 together.

I welcome this opportunity to respond to the questions raised and to update the House on developments in freedom of information.

The Freedom of Information Act, FOI, as Deputies probably know, will commence on 21 April next. The Act confers new rights on members of the public, namely, the right to access information held by Government bodies, the right to receive reasons for decisions and the right to seek correction of personal information, whether held in manual or electronic form.

I believe all of us are agreed this is a welcome development and long overdue. Freedom of Information is, part of a wide package of far reaching reforms in public administration under the Delivering Better Government programme. The Public Service Management Act and the quality customer service initiative are also key features of the reform programme. Taken together, these initiatives will enhance accountability and place the citizen at the centre of our thinking and practice in the design and delivery of public services. Deputy Bell asked specifically about circular 15/79 —"Official Secrecy and Integrity"— which deals,inter alia, with the obligations imposed on civil servants by the Official Secrets Act, 1963. I am happy to confirm that I intend to rescind this circular and to replace it with a new Civil Service code. This code, which will take full account of recent legislative changes is currently at an advanced stage of preparation. It will set out guidance on the principal precepts which govern the work of civil servants, including the disclosure of official information. It is intended that circular 15/79 should be rescinded before 21 April next.

As regards the names of officers nominated to oversee implementation in each Department and relevant body, I take it the Deputy is referring to those bodies coming within the scope of the Act from commencement on 21 April next. I am happy to provide these details in the list.

While on the subject of the implementation of Freedom of Information, I take this opportunity to advise as to the preparations under way. In conjunction with an interdepartmental working group, an freedom of information central policy unit in my Department directs and co-ordinates preparations across public bodies.

Preparations for implementation are basically being undertaken across four main areas: training, publications, organisational arrangements and record management.

Extensive training is essential, both to familiarise officials so that they can effectively deal with freedom of information requests and also to foster the profound cultural change required. Training commenced last September and, to date, over 2,000 staff have received training on freedom of information. This major programme of freedom of information is ongoing.

Under the Act, public bodies are obliged to produce manuals which set out their general structure and organisation, arrangements in place for accessing information and details of the procedures, practices and guidelines used in dealing with the public. Preparations on these publications are well advanced and will be completed by commencement day.

Each Department has appointed an officer at Assistant Secretary level to oversee the implementation process in their respective Departments. Organisational preparations include: identifying decision makers and delegating appropriate freedom of information functions to such officers, determining how freedom of information requests will be processed, prioritising local freedom of information training and putting in place procedures for internal review of freedom of information decisions which are appealed by members of the public.

The Act obliges public bodies to provide access to information they hold. However, the advent of technology has led to significant disimprovement in record management practices over recent years. Departments are undertaking urgent action so as to tackle this fundamental problem. They are being assisted by a centrally based record management group which provide ongoing advice and support.

The Freedom of Information Act, will, of course protect key sensitive information in the interest of the wider community. So, for example, material relating to sensitive law enforcement matters or subject to legal professional privilege will enjoy protection under the Act. Such exemptions to the right of access are in line with best international practice abroad. However, I should point out that most of the exemptions are not absolute. Many allow information to be released where the balance of the public interest lies in disclosure.

Of course, the real strength of freedom of information is that ultimate decisions on routinely withholding information from the public do not rest with the Department or public body. Instead such decisions will be decided by an independent Information Commissioner. Experience abroad has shown time and again that the key to successful implementation of freedom of information is a strong independent watchdog to ensure against misuse of exemptions. Recognising this, the Act establishes a new Office of Information Commissioner who will have wide ranging powers to investigate the withholding of information and to issue binding decisions.

The advent of freedom of information presents opportunities but poses significant challenges for those of us in public life and in public service. None of us can expect that the culture of secrecy which has been embedded in our administrative systems for generations will just disappear over-night. As with jurisdictions abroad, it will be an evolving process. However, let me, as Minister with special responsibility for freedom of information, reassure the House the Government will not spare itself in ensuring this change comes about. Based on the real progress made to date by Departments and public bodies in their preparations for freedom of information, I look forward to a more open and accountable public service which thrives through enhancing the confidence of the public which it serves.

Names of officers in each Department and other relevant bodies who have been nominated to oversee the implementation of the Freedom of Information Act, 1997.

Department/Body	Name of Officer
Department of Agriculture and Food	John Gillespie
Department of Arts, Heritage, Gaeltacht and the Islands	Seán ÓCofaigh
Department of Defence	Michael Howard
Department of Education	Pat Burke
Department of Enterprise, Trade and Employment	Rody Molloy
Department of Environment and Local Government	Tom O'Mahony
Department of Finance	Jim McCaffrey
Department of Foreign Affairs	Mary Whelan
Department of Health and Children	Tony Enright
Department of Justice, Equality and Law Reform	Seán Aylward
Department of Marine and Natural Resources	Michael Guilfoyle
Department of Public Enterprise	Martin Brennan
Department of Social, Community and Family Affairs	Tom Mulherin
Department of the Taoiseach	Peter Ryan
Department of Tourism, Sport and Recreation	Julie O'Neill
Army Pensions Board	Michael Howard
Blood Transfusion Service Board	Helen McGrath
Board of the National Library of Ireland,	Dónall ÓLuanaigh
Board of the National Museum of Ireland	Sylvia Frawley
Bord Pleanála	Liz Dolan
Censorship of Publications Board	Peggy Garvey
Central Statistics Office	Gerry O'Hanlon
Civil Service Commissioners	Joe Boyle
An Coimisiún Logainmneacha	Dónall MacGiollaeaspaig
Comhairle na Nimheanna	Tony Enright
Comhairle na nOspidéal	Tommy Martin
Commissioners of Charitable Donations and Bequests	Antoinette Doris
Companies Registration Office	Brendan Moylan
Competition Authority	Ciarán ÓCuinneagáin
Commissioners of Public Works	Barry Murphy
Defence Forces	Major General William
	Dwyer
Employment Equality Agency	Carmel Foley
Environmental Information Service	Tom O'Mahony
Environmental Protection Agency	Majella Byrne
Government Information Services	Peter Ryan
Heritage Council	Michael Starrett
Ireland-US Commission for Educational Exchange	Mary Whelan
Irish Manuscripts Commission	Brian Trainor
Irish Medicines Board	Rita Purcell
Irish Sports Council	John Treacy
Land Registry	John Deeney
Local Appointments Commissioners	Joe Boyle
National Archives	David Craig
National Archives Advisory Council	Margaret McCurtain
National Council for Curriculum and Assessment	Paul Brady
National Gallery of Ireland	Caoilionn Hurley
Office of the Appeal Commissioners for the purposes of the Tax Acts	John O'Callaghan
Office of the Attorney General	Roger Kenny
Office of the Chief Medical Officer for the Civil Service	John Malone
Office of the Information Commissioner	Pat Whelan
Office of the Commissioner of Valuation and Boundary Surveyor for Ireland	Séamus Rogers
Office of the Comptroller and Auditor General	Michael Buckley
Office of the Director of Consumer Affairs	Cathal O'Gorman
Office of the Director of Public Prosecutions	Simon O'Leary
Office of the Houses of the Oireachtas	Conan McKenna
Office of the Official Censor of Films	Anne Murray/Patricia Ring
Office of the Ombudsman	Pat Whelan
Office of the Registrar of Friendly Societies	Margaret Malone
Patents Office	Gerard Barrett
Pensions Board	Michele Cusack
Public Offices Commission	Pat Whelan
Registry of Deeds	John Deeney
Revenue Commissioners	Seán Moriarity
Social Welfare Appeals Office	Seán Reade
State Laboratory	Jim Quigley