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Da´Il E´Ireann Vol. 593 Tuesday, No. 5 30 November 2004 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 30 November 2004. Ceisteanna—Questions Taoiseach …………………………………1117 Minister for Communications, Marine and Natural Resources Priority Questions ……………………………1132 Other Questions ……………………………1146 Adjournment Debate Matters ……………………………1151 Leaders’ Questions ………………………………1151 Requests to move Adjournment of Da´il under Standing Order 31 ………………1161 Order of Business ………………………………1162 Health Bill 2004: Second Stage (resumed)……………………………1170 Referral to Select Committee …………………………1171 Estimates for Public Services 2004: Leave to Introduce ……………………………1171 Referral to Select Committee …………………………1173 Fisheries Order: Motion ……………………………1173 Treaty of Amsterdam: Motion……………………………1174 Double Taxation Relief Orders: Motions ………………………1174 Irish Nationality and Citizenship Bill 2004: Report Stage (resumed) and Final Stage … … … 1175 Private Members’ Business Planning and Development (Amendment) (No. 2) Bill 2004: Second Stage …………1194 Irish Nationality and Citizenship Bill 2004: Report Stage (resumed) and Final Stage … … … 1220 Adjournment Debate Air Services ………………………………1237 Health Board Services ……………………………1241 Rural Transport Services ……………………………1244 Questions: Written Answers ……………………………1249 1117 1118 DA´ IL E´ IREANN Mr. Sargent: I thank the Taoiseach for his reply in which he stated that 20 of the 40 requests were ———— granted. Is it possible for him to indicate how many of the refusals were appealed to the Infor- De´ Ma´irt, 30 Samhain 2004. mation Commissioner? I would not be surprised Tuesday, 30 November 2004. if he gives a figure of none given that each appeal costs \150. However, I am interested to find out ———— that particular figure. Going on his reply to a similar question last Chuaigh an Leas-Cheann Comhairle i gceannas July, the Taoiseach indicated and certainly hinted ar 2.30 p.m. that the Government might respond positively to the Information Commissioner’s call for a reap- ———— praisal of the \150 charge. According to the com- missioner, appeals relating to non-personal infor- Paidir. mation have dropped by 50%. Does the Prayer. Taoiseach agree that she would have a difficulty in monitoring the working of the Act with such ———— prohibitive charges? Ceisteanna — Questions. An Ceann Comhairle: That last question is for the Minister for Finance. The first question is ———— appropriate to the Taoiseach. Freedom of Information. Mr. Sargent: The Taoiseach will see the context in which I ask them as they relate to his Depart- 1. Mr. Sargent asked the Taoiseach the number ment. Depending on the number of refusals and of freedom of information requests made to his appeals—— Department in 2004 to date; the number acceded to; the way in which this compares to the same An Ceann Comhairle: The Minister for Fin- period in 2003; and if he will make a statement ance is responsible for the Act. on the matter. [22480/04] 2. Mr. Kenny asked the Taoiseach the number Mr. Sargent: I appreciate that but the of freedom of information requests received by Taoiseach has—— his Department in 2004 to date; the total amount of FOI fees received by his Department; and if he An Ceann Comhairle: The Taoiseach should will make a statement on the matter. [24036/04] reply to the first question. 3. Mr. Rabbitte asked the Taoiseach the The Taoiseach: I do not have the details on number of requests received in 2004 to date by these 20 requests. However, since the introduc- his Department under the Freedom of Infor- tion of the Freedom of Information Act in April mation Acts; the way in which this compares with 1997, a total of 25 or 2% of requests to my the respective periods for 2003 and 2002; and if he Department have been appealed to the Infor- will make a statement on the matter. [27858/04] mation Commissioner. In the current period, it is 4. Mr. J. Higgins asked the Taoiseach the probably smaller. In some cases, people wait a number of freedom of information requests while before they appeal. There were very few received by his Department in 2004 to date; and appeals, even before the Act was amended. the number of such requests acceded to. [30192/04] Mr. Sargent: I asked a question on the Taoiseach’s previous reply in July last year when The Taoiseach: I propose to take Questions he hinted that the Government might be amen- Nos. 1 to 4, inclusive, together. able to reducing the charges from \150—— Since the beginning of 2004, 40 freedom of information requests were received in my An Ceann Comhairle: That does not arise on Department. Of these requests, 20 were granted these four questions. or part granted, no records were held in respect of nine, four were refused, three were withdrawn, The Taoiseach: The Minister for Finance two were transferred to other Departments and recently stated that he had no plans to amend the two are ongoing. charges. The Information Commissioner said the Some 139 requests were received during the fees issue should be examined the next time it same period in 2003 and 128 were received in the arose. I do not know when that will be. same period in 2002. The Department has received \450 in application fees since the begin- Mr. Kenny: The Taoiseach will be aware that ning of this year. All requests received in my the Information Commissioner reported that Department are processed in accordance with the overall usage of the Act had declined by over 1997 and 2003 Acts and their implementation is 50%, while requests for non-personal information kept under constant review. had fallen by 75%. In April 2004, the number of 1119 Ceisteanna— 30 November 2004. Questions 1120 [Mr. Kenny.] Ministerial Responsibilities. requests came to four compared with ten for both 5. Mr. Kenny asked the Taoiseach the responsi- 2003 and 2002. From July to December 2002, 71 bilities of the Ministers of State attached to his requests were made to the Department of the Department; and if he will make a statement on Taoiseach, while in 2003, 34 were made. Is the the matter. [24035/04] Taoiseach concerned at the decline in the number of applications? Is he concerned that this may be 6. Mr. Stanton asked the Taoiseach the Mini- due to the introduction of charges? Does he ster who has responsibility for e-Government; the intend to allow further flexibility on this matter? further plans in this regard; and if he will make a Without wanting to know the details of the statement on the matter. [25350/04] requests, what was the nature of the 20 appli- 7. Mr. Sargent asked the Taoiseach the cations received? Did they concern factual responsibilities of Ministers of State in his matters related to the Department? Department; and if he will make a statement on the matter. [26393/04] The Taoiseach: The Information Com- missioner said that the issue of fees should be 8. Mr. Rabbitte asked the Taoiseach the role examined when it arises next. Obviously, for per- and responsibilities of each Minister of State sonal issues it makes no difference, as I have within his Department; and if he will make a stated on previous occasions. The fee for appeals statement on the matter. [27857/04] has a bearing on requests. However, I believe the ´ \ 9. Caoimhghı´nOCaola´in asked the Taoiseach standard fee of 15 to be charged in respect of the responsibilities of each of the Ministers of non-personal requests does not deter people. If State in his Department; and if he will make a someone wants information for a purpose, it will statement on the matter. [28845/04] not make a great difference and is not a major deterrent. It is a modest fee considering the pre- 10. Mr. J. Higgins asked the Taoiseach the role vious costing of the Act some years ago when sal- and responsibilities of each of his Ministers of aries were much less and it was \425 per question. State. [30193/04] It is a modest fee. I do not have the breakdown The Taoiseach: I propose to answer Questions by category for the 20 requests to my Depart- Nos. 5 to 10, inclusive, together. ment. My information is for the generality of requests and covers the past six and a half years. An Ceann Comhairle: Is that agreed? Agreed. There were 79 freedom of information requests from business, 670 from journalists and 57 from The Taoiseach: The Government appointed the Oireachtas. Most requests were personal. Deputy Kitt as Government Chief Whip and Minister of State at my Department and at the Mr. Kenny: Did the Taoiseach say there were Department of Defence. Deputy Treacy was 670 requests from journalists? appointed as Minister of State at my Department and at the Department of Foreign Affairs with The Taoiseach: Yes. responsibility for European Affairs. Deputy Treacy will play a key co-ordinating Mr. Kenny: They must want to know what he role in advancing preparations for the ratification is doing. of the treaty on the European constitution. He will also play a central role in consolidating and The Taoiseach: They know. Most freedom of further developing Ireland’s positive bilateral EU information requests are now of a personal relations, which were enhanced by our successful nature. EU Presidency, especially with the new member states. In addition to these duties, Deputy Treacy Mr. Rabbitte: Will the Taoiseach speak about will undertake a heavy workload within the the implications of the dramatic decline in usage Department of Foreign Affairs through which he of the Act to make non-personal inquiries, for will represent Ireland at Minister of State level staffing obligations in his Department and on European Union affairs, including the Com- throughout the Civil Service? What has it meant municating Europe initiative.
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