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Dáil Éireann díospóireacht -
Wednesday, 14 Oct 1998

Vol. 495 No. 2

Written Answers. - Freedom of Information.

Trevor Sargent

Ceist:

63 Mr. Sargent asked the Minister for Finance the amendments, or additions, if any, to the Freedom of Information Act, 1997, required to give effect to the ratification by Ireland of the United Nations Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, already adopted and signed by the Irish Government; and if he will make a statement on the matter. [17656/98]

John Gormley

Ceist:

81 Mr. Gormley asked the Minister for Finance the plans, if any, he has to amend the Freedom of Information Act, 1997, in order to bring access to information on the environment and planning matters into line with the freedom of information regime which applies to all other areas of public business; and if he will make a statement on the matter. [17655/98]

John Gormley

Ceist:

93 Mr. Gormley asked the Minister for Finance the reason access to information on the environment, as provided for by regulation in 1993 and access to information on planning matters as provided for in the planning Acts, operate within more restrictive regimes than apply to matters treated under the Freedom of Information Act, 1997; the policy objectives being fulfilled by the maintenance of this distinction in treatment as between different categories of information; and if he will make a statement on the matter. [17653/98]

John Gormley

Ceist:

139 Mr. Gormley asked the Minister for Finance the legislative proposals, if any, his Department has in hand to afford equal rights to requesters of information in the areas of the environment and planning as are afforded to requesters under the Freedom of Information Act, 1997; and if he will make a statement on the matter. [17654/98]

I propose to take Questions Nos. 63, 81, 93 and 139 together.

Deputy Gormley asked about access to information on the environment and planning matters. In particular, the Deputy enquired as to plans for bringing these different arrangements into line with the Freedom of Information Act, 1997. I would like to advise that the provisions of the Freedom of Information Act apply to information where access or inspection is not available under another enactment or to information which is not otherwise publicly available. Therefore, where information concerning environmental or planning matters is not already accessible, it may be sought under the Freedom of Information Act. In this regard, the Deputy will be aware that the Freedom of Information Act currently applies to records held by An Bord Pleanála and the Environmental Protection Agency. The local authority sector will come within the scope of the Freedom of Information Act from 21 October next.

As regards planning matters, the planning and development code already provides quite an open access regime to planning files and registers. I understand that my colleague, the Minister for the Environment and Local Government, is currently looking at the provisions regarding the availability of documents under the planning code as part of an overall review of planning legislation.

With regard to access to environmental information, my Department is having ongoing discussions with the Department of the Environment and Local Government on the future relationship between the existing statutory provisions on access to information on the environment and the Freedom of Information Act. I also propose to list the access to information on the environment regulations in the third schedule to the Freedom of Information Act. This will ensure that the exemption provisions in the regulations may not be used to refuse environmental information sought under the Freedom of Information Act.

Deputy Sargent inquired about legislative measures required to give effect to the ratification by Ireland of the United Nations Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. I understand that the

Minister for the Environment and Local Government is currently examining the measures required with a view to ratification of this convention and compliance by Ireland as soon as possible. Consideration of this matter will form part of the ongoing general discussions between our two Departments on the most appropriate legislative regime for access to environmental information.
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