Increase in FoI charges ‘could dissuade requests for appeal’

THE scale of new charges for Freedom of Information (FoI) appeals could act as a disincentive to those considering an appeal, Information Commissioner Emily O’Reilly warned yesterday.

A statement from Ms O’Reilly said the progressive nature of the charges could act as a financial disincentive to people exercising the right of appeal.

“Where their requests are refused they may feel dissuaded, on grounds of cost, from making an application for internal review or appeal to the commissioner.

“And while there will not be a charge for accessing personal information, the imposition of charges will place new limits on access to ‘official information’,” the statement read.

On Monday, Finance Minister Charlie McCreevy announced that all non-personal FoI requests would be subject to an up-front charge of 15. In addition, a hefty commissioner appeal charge of 175 will apply while internal appeals will also be subject to a 75 charge from next week.

In her first public move since being appointed by Mr McCreevy earlier this year, Ms O’Reilly promised to monitor the impact of fees on the FoI Act and to report her findings in due course.

“There have been significant changes all round in recent months and it is proper for me to keep the Oireachtas and public informed of their impact, particularly where some of the changes, such as the introduction of appeal fees, are not features of all overseas FoI legislation,” she said.

Meanwhile, Eithne Fitzgerald, the former Labour junior minister who originally introduced the FoI Act, said the act had now become a contradiction in terms.

“When information is no longer free, freedom of information becomes a contradiction in terms,” she said.

“When I drew up the original act, I saw a strong, accessible and independent appeal system as a key to overturning decades of the culture of secrecy.

“Now, heavy charges for appeals will be an effective deterrent against appealing wrong decisions. These new charges attack the core principle of the right to information, with an independent process to uphold that right,” said Ms Fitzgerald.