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Da´Il E´Ireann Vol. 624 Tuesday, No. 3 3 October 2006 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 3 October 2006. Ceisteanna—Questions Taoiseach …………………………………1209 Ta´naiste and Minister for Justice, Equality and Law Reform Priority Questions ……………………………1224 Other Questions ……………………………1250 Adjournment Debate Matters ……………………………1252 Allocation of Time: Motion ……………………………1253 Disclosures relating to the Mahon Tribunal: Statements …………………1255 Visit of Polish Parliamentary Delegation ………………………1274 Leaders’ Questions ………………………………1275 Requests to move Adjournment of Da´il under Standing Order 31 ………………1299 Order of Business ………………………………1302 Civil Law (Miscellaneous Provisions) Bill 2006: Order for Second Stage ……………………………1305 Second Stage ………………………………1305 Private Members’ Business Public Expenditure: Motion …………………………1310 Adjournment Debate Health Services ………………………………1344 Special Education Needs ……………………………1350 Social and Affordable Housing …………………………1353 Questions: Written Answers ……………………………1357 1209 1210 DA´ IL E´ IREANN his Department to date in 2006; the estimated revenue generated by payments relating to these ———— requests; and if he will make a statement on the matter. [30650/06] De´ Ma´irt, 3 Deireadh Fo´mhair 2006. Tuesday, 3 October 2006. 5. Mr. Rabbitte asked the Taoiseach the number of applications received by his Depart- ———— ment to date in 2006 under the Freedom of Infor- mation Acts; the number of applications acceded Chuaigh an Ceann Comhairle i gceannas ar to; and if he will make a statement on the 2.30 p.m. matter. [30870/06] ———— The Taoiseach: I propose to take—— Paidir. Mr. Sargent: On a point of order, am I to Prayer. understand the Taoiseach is answering Questions ———— Nos. 1 to 124? An Ceann Comhairle: The Taoiseach has not Ceisteanna — Questions. yet stated which questions he is taking. ———— Mr. Sargent: I am seeking clarification as that is what is stated on the Order Paper. Freedom of Information. 1. Mr. Kenny asked the Taoiseach the number The Taoiseach: I propose to take Questions of freedom of information requests received by Nos. 1 to 5, inclusive, together. his Department during June 2006; and if he will I propose to circulate with the Official Report make a statement on the matter. [25551/06] the information requested by the Deputies on the statistics regarding freedom of information 2. Mr. Kenny asked the Taoiseach the number requests received in my Department. In 2006, a of freedom of information requests received by total of \690 was received in respect of appli- his Department since January 2006; and if he will cation fees. No charges were levied in respect of make a statement on the matter. [28208/06] costs relating to the search and retrieval of records. All FOI applications received in my 3. Caoimhghı´nO´ Caola´in asked the Taoiseach Department are processed by statutorily desig- the number of freedom of information requests nated officials in accordance with the 1997 and acceded to by his Department since July 2006; 2003 Acts and, in accordance with those statutes, and if he will make a statement on the matter. I have no role in the processing of individual [28321/06] applications. 4. Mr. Sargent asked the Taoiseach the number Additional information not given on the floor of of freedom of information requests received by the House. Year: 2006 Month Rec’d Granted Part Granted Refused No Records Transferred Withdrawn January 9 8 1 February 1 1 March 4 3 1 April 7 6 1 May 6 5 1 June 4 1111 July 4* 3 August 5 2 2 1 September 5** October November December Total *1 request ongoing **5 requests ongoing 1211 Freedom of 3 October 2006. Information 1212 Mr. Kenny: I was going to suggest that there ance are taken on board. We follow them and do could be an increase in the number of requests not alter them. A significant majority of requests for information from the Department of the — 62% — to my Department are submitted by Taoiseach. There were 142 requests in 2003, 45 in journalists, others account for 25%, business 2004 and 61 in 2005. It appears the decline will interests make up 8% of applications and continue in 2006, probably due to the nature of Oireachtas Members have submitted 5% of appli- the charge and the restrictions introduced by the cations. That has been the consistent trend. Minister for Finance. Will the Taoiseach com- ment on this matter? Mr. Sargent: Can the Taoiseach estimate Is it a general principle for new agencies set up whether the increasing number of requests is by the Government to automatically be covered linked to the increase in the number of bodies by the freedom of information legislation, such as covered by the FOI Act? In respect of the a new agency under the Taoiseach’s Department? Department of the Taoiseach, for example, the Law Reform Commission is not covered. Is there An Ceann Comhairle: The operation of the any good reason for this, given that the com- Act is a matter for the Minister for Finance. mission is his Department’s responsibility? Has These questions refer to the Department of the the Taoiseach taken the advice of the Infor- Taoiseach. mation Commissioner, who points to South Afr- ica’s wide-ranging and liberal legislation in this Mr. Kenny: The Taoiseach was the Minister for regard? Would the Taoiseach consider any Finance and is now the Head of Government. recommendation in respect of the Law Reform Commission, given that many people believe it An Ceann Comhairle: Yes, but I suggest that should be covered by freedom of information the Deputy submit his question to the current provisions? Minister. The Taoiseach: When the last review was done Mr. Kenny: As a matter of policy, will new in May and the 130 additional bodies and groups agencies, even those set up under the Taoiseach’s were brought within the scope of the Freedom of own Department, be automatically included Information Act, the bodies under the aegis of under the Freedom of Information Act? my Department, with the exception of the Law The Taoiseach: On the first question, the Reform Commission, were already within the Deputy knows from the charts that the figures go scope of the Act. The question of extending the up and down. While they came down initially Freedom of Information Act to the Law Reform after the changes in 2003, they wavered up and Commission is under consideration, but no down in the period since then. At the beginning decision has been made yet. of this year, the figure was high and it was high in April. Some months the figure is low and some Mr. Quinn: Given the Taoiseach’s substantial months it is high. It has levelled out at a trend experience in government and recalling the over the past few years. debate that surrounded the introduction of the In May of this year, 130 additional public original freedom of information legislation where bodies and groups were brought within the scope those opponents articulated a view that it would of the Freedom of Information Act. Generally, hamper decision-making and reduce the quality unless there is some particular reason it should and clarity of the decision-making process within not be the case, any new agency would be the confidentiality of the public service, what is covered by the Act. the Taoiseach’s view on whether the Act has reduced the quality of decision-making or made Caoimhghı´nO´ Caola´in: Does the Taoiseach it more tortuous? have a breakdown by category of the freedom of information requests to his Department? Is that An Ceann Comhairle: The question refers something his Department does? Does the specifically to the Taoiseach’s Department. Taoiseach have a breakdown of the number of requests from journalists and those from Mr. Quinn: Yes, I mean his Department. I members of the wider public? If so, will he indi- thank the Ceann Comhairle for that helpful clari- cate the numbers approved or refused in each cat- fication. Has the operation of the legislation in egory? In respect of the Taoiseach’s Department the Department of the Taoiseach had the effect and the wider context, has he taken on board the that its opponents prophesied it would? concerns expressed by the Information Com- missioner going back over the past couple of The Taoiseach: I remember the debates and years at least? the various arguments. Following the initial rush when there was an enormous number of queries, The Taoiseach: We have taken them on board. particularly from the public, about various issues, Changes in direction by the Department of Fin- the number of freedom of information requests 1213 Departmental 3 October 2006. Expenditure 1214 has settled down to an even keel. I have been National Forum on Europe for 2006 and is there very much in favour of its extension to other a tentative figure for 2007, in view of the import- bodies. It has not created any difficulties that are ance of that matter and the fact that the French readily apparent. The system operates well. and the Dutch must make their decisions as well? The National Economic and Social Develop- Mr. Quinn: There has been a rumour to the ment office incorporates the National Economic effect that in some cases civil servants are reluc- and Social Council, the National Economic and tant to commit to paper opinions or options, and Social Forum and the National Centre for Part- that there has been a vast increase in the pur- nership and Performance. Will the Taoiseach chase of Post-its within the Department of the provide a breakdown of the level of funding allo- Taoiseach and other Departments. Is there any cated by his Department to each of these agencies substance to that rumour? for 2006? The Taoiseach: It is not just a matter of FOI.
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