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Dáil Éireann díospóireacht -
Tuesday, 15 Feb 2000

Vol. 514 No. 3

Ceisteanna – Questions. - Freedom of Information Inquiries.

John Bruton

Ceist:

1 Mr. J. Bruton asked the Taoiseach the number of requests for information to his Department under the Freedom of Information Act, 1997, which were refused in 1999; and if he will make a statement on the matter. [1713/00]

During 1999, my Department received 207 freedom of information requests. Of these 207 requests, 33 were refused on foot of exemptions provided in the Act, such as section 19 exemptions which deal with meetings of Government. A further 35 requests were "technically" refused as there were no relevant records in the Department. The 33 requests referred to represent less than 16% of all requests received in 1999.

Is it true that the Taoiseach's office is refusing all freedom of information requests regarding correspondence concerning his Government's relationship with the five Independent Deputies on the pretext that this is a relationship between the leader of Fianna Fáil and the Independents and not between the Government and the Independents?

I do not know what is or is not true. The officer decides and I do not get involved one way or the other in any decision. I go with whatever he decides.

Is this not an evasion of responsibility given that it is the Government and not the Fianna Fáil party which is relying on the Independents for support, that it is a civil servant who is given responsibility by the Taoiseach to look after the Independents and that this civil servant is not a member of Fianna Fáil or part of its operation but a Government civil servant and that any claim that the relationship with the Independents is a party matter and not subject to the Freedom of Information Act is wrong?

I do not know if I refused any questions on that matter. I do not have any say in what is or is not refused. I take the position of not trying to influence any of these things one way or the other. The decisions are made by the designated officer under the legislation and whatever he says goes. It is not for me to put forward a view on them.

On freedom of information issues, I just look at the list once a month to see what is included and I normally answer questions in the House. I do not interfere. As far as I know, letters and documentation have been issued which related to me and other Deputies in the past. However, I need to check that to see if any other documents were refused. I do not take the view in terms of freedom of information that I am refusing anything. The decision is made by the independent designated officer under the legislation.

I put it to the Taoiseach that he may be inadvertently misleading the Dáil. Will he agree to consult today's The Irish Times in which reference to a draft reply prepared for him clearly states that he is to say in the reply that “any papers concerning Independent deputies in relation to their decision to support the Fianna Fáil-Progressive Democrat Coalition was received and dealt with by me in my capacity as leader of Fianna Fáil.” That is a quote from a reply prepared for the Taoiseach.

Clearly, this is a matter for which the Taoiseach has ministerial responsibility. Such a reply would not have been prepared for him if he was not the one to give the answer. His attempt to hide behind the independent officer in this instance is not in accordance with the facts. That quote is in the right-hand column of the relevant passage in The Irish Times. Perhaps the Taoiseach will consult it so that he will be accurate in his response.

I am looking through the list in the backup papers to see if there is any such question. On a quick run through, I cannot see it. If the Deputy is talking about questions about correspondence I had when I was leader of the Opposition and meetings I had with Independents prior to becoming Taoiseach, that is a totally different matter. That is not subject to this. There was a freedom of information question about that. If we are talking about documentation prior to my becoming Taoiseach that is not subject to this.

Everyone would accept that. Will the Taoiseach outline the position in regard to his current dealings with Independent Deputies? Are they matters which he accepts he is dealing with in his capacity as Taoiseach rather than as leader of Fianna Fáil and that, therefore, matters concerning his current dealings and dealings with these Deputies since his accession to the office of Taoiseach are appropriately subject to the Freedom of Information Act?

It is still a matter for the officer. There was a question the other day about correspondence I had with Deputy Foley, who is now an Independent Deputy. That is subject to the Freedom of Information Act. There is no difficulty about that. There have been questions on correspondence I have had with any Deputy and that is subject to the Freedom of Information Act. I think the matter to which the Deputy refers was from the period prior to my becoming Taoiseach.

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