I can assure the Deputy that I am aware of the views expressed by the Information Commissioner. However, I have no plans to initiate a review of the level of charges that have been introduced.
During the passage of the Freedom of Information (Amendment) Act 2003, I made clear my belief that the introduction of a new fee structure for FOI was overdue and that a better balance needed to be struck between the burden and cost of administering the FOI Act, which is unquestionably significant, and the need to allow people to continue to have access to information.
I also made clear my belief that a sensible and balanced system of charges was needed to deter irresponsible use of the Act. While the majority of requesters make good use of FOI, the taxpayer and public bodies must be protected against the small minority who choose to use it in a frivolous or vexatious way. An increased charge for the later stages of an application and appeal is a well established procedure.
The Information Commissioner is an independent office holder and is entitled to express her views. However, it is for the Government to determine policy and in the light of that policy to propose appropriate legislation to the Oireachtas.
The FOI Bill was thoroughly debated in the Oireachtas and passed into law in April this year. To the extent that there were outstanding issues to be decided in relation to fees, these related almost exclusively to the amounts to be set. As the Oireachtas had enacted legislation providing for such amounts to be determined by the Minister for Finance, the question of prior consultation with the Information Commissioner did not arise.
