Introduction
I apologise to the Deputies for not being here earlier but I was detained on other Dáil business. I welcome the debate however and am very interested in hearing the views of Deputies on this very important issue.
Restoration and extension of Freedom of Information - along with whistleblower protection legislation and lobbying regulation – comprise a central element of the Government’s programme of political reform.
Enhanced openness and transparency in the conduct of policy-making, the development of legislation and political and administrative decision-making is integral to strengthening public governance in Ireland.
Government’s proposal in relation to the Bill
In the current circumstances, at the point where proposals are being finalised for Government in this area which would encompass the proposals contained in Deputy Fleming’s Bill, the approach being proposed by Government is both straightforward and sensible.
The Government is proposing that the House should postpone the Second reading for a period of nine months, with a view to enabling a more comprehensive approach to be adopted.
I ask that we all work together to achieve this and that Deputies on all sides support the Government’s amendment as proposed earlier by my colleague Minister for State Hayes.
Extension of Freedom of Information
In his contribution, Minister for State Hayes dealt with the individual provisions of Deputy’s Fleming’s Bill including in relation to its extension to specific public bodies.
He explained the Government’s plans for the extension of Freedom of Information to all statutory bodies and indeed to other bodies in receipt of significant State support.
Significant work has been undertaken to seek to design a legal mechanism which will achieve on a once and for all basis, the application of Freedom of Information to all public bodies replacing the current approach where these bodies must be scheduled in regulations on a case-by-case basis – a process which is administratively cumbersome, inefficient and slow.
Minister for State Hayes also drew attention to the Taoiseach’s recent statements in the House on where the process currently stands, which highlighted that Government are already giving consideration to these matters.
The House will presumably understand that just as the Taoiseach could not on Wednesday seek to prejudice these discussions and Government’s final decision-making, neither can I.
Restoration of Freedom of Information
The debate on Deputy Fleming’s Bill also extended into important issues relating to the restoration of Freedom of Information, notwithstanding that the Bill does not deal with this matter.
In my earlier comments, I set out the clear Government position on the restoration agenda as recently articulated by the Taoiseach. I do not believe it serves any useful purpose for me to seek to amplify or interpret what objectively is a strong statement of the Government’s intention to meet the Programme for Government commitment in this area.
I should take this opportunity to say that although the term “restoration” is used in the Programme for Government, a better characterisation of the Government’s objective in relation to Freedom of Information is “reform” comprising alongside restoration, appropriate modernisation of the legislation.
The review process that has been carried out seeks to ensure that our legal framework for Freedom of Information meets the requirement for enhanced openness and transparency both now and into the future – consistent, of course, with the necessity of ensuring that the public interest in safeguarding sensitive and confidential records is maintained.
As was the case in 1997 and remains the case now 15 years on in 2012, the fundamental objective of Freedom of Information is – as expressed in the Long Title of the Bill -enabling members of the public to obtain access to the greatest extent possible consistent with the public interest information in the possession of public bodies.
Indeed the Second Stage Speech on the Freedom of Information Bill in the Dáil on 11 March 1997, stressed that access to information was seen as fundamental to the reform of democratic institutions, to create genuine openness and empower the ordinary citizen. As stated in that speech, the Act was intended to ensure that the culture and practices of secrecy in public bodies was set aside for good and replaced with a legal presumption that the public has a right to know.
Non-statutory bodies
The question of the Government’s plans to extend Freedom of Information beyond public bodies where significant public funding is provided to such bodies was raised in the debate. I believe it is appropriate to highlight that this will undoubtedly give rise to the need for careful consideration to ensure that the approach adopted is sensible and evidence-based, and does not give rise to a proliferation of bodies being brought under Freedom of Information where a clear public interest in doing so is not easily discerned.
The House will be aware, of course, that the existing legislation allows for non-Statutory bodies to be brought under the Act and this power has been exercised to bring voluntary hospitals and voluntary bodies catering for persons with an intellectual disability within the scope of the Act. I believe that the approach adopted for the health sector serves as a good guide for the future. It is necessary to identify relevant criteria to govern what non-statutory bodies should be brought under the scope of the Act.
Deputy Fleming’s Bill
Returning to Deputy Fleming’s Bill, as was stated earlier, the Deputy’s proposals dovetail with my own proposals. What we need to do now is to consider how best we can achieve the outcome we all desire and how to legislate for it. We fully appreciate the work Deputy Fleming has put into his proposals and the huge contribution he has made to the debate. However, the Government believes that the parties must leave their differences aside and work together on this important matter to achieve a more substantial and valuable goal.
Conclusion
Freedom of Information law is a fundamental pillar of open Government. I am confident that all of us here today believe in the principles of openness, transparency, enhancing government accountability in decision-making and promoting informed participation in policy-making. Restoring and further extending the Freedom of Information legislation will help us achieve these valuable goals and therefore more effective public governance. The Government believes we should have a comprehensive approach on Freedom of Information and is determined that our Freedom of Information laws should rank highly amongst that of our peers.