Department criticised for lack of detailed FoI data
Normal statistics on the number of FoI requests made to almost 200 public bodies were unavailable for inclusion in the annual report of the information commissioner, published yesterday.
Ms O’Reilly expressed disappointment at the lack of information provided by the department, due to cutbacks, about the operation of FoI legislation last year.
She remarked that the failure of the collection of FoI data to be considered part of its normal workload was “most unsatisfactory”.
It is understood the department claimed the process of collection and verification of such requests was becoming administratively unsustainable.
It is the first time since the establishment of the Office of the Information Commissioner in 1997 that statistics on the number of FoI requests were not forwarded to Ms O’Reilly by the department.
However, the information commissioner said she hoped the matter was a temporary problem and that the details would be published at a later date.
She also expressed concern about the growing trend of public bodies seeking extensions to deadlines for dealing with FoI requests, which she believed represented a failure to recognise that such work was a statutory function.
“It is not generally appropriate that extensions would be granted on the grounds of insufficient resources,” Ms O’Reilly said.
“It remains the fact that some public bodies fail to recognise that the administration of the FoI Act is one of their statutory functions which should be afforded as much weight as any other statutory function.”
Information provided directly by some State bodies showed there was a 6% increase in FoI requests to local authorities (up by 85 to 1,516) and a 22% increase in requests to the HSE (up by 1,328 to 7,469).
Ms O’Reilly said the number of FoI appeals lodged to her office rose by 38% to 338 cases in 2012. She claimed there was no particular reason to explain the increase.
Ms O’Reilly welcomed the imminent publication of new legislation to amend the FoI Act, which will extend the number of public bodies that come under its remit.
“The proposed changes will go a long way to restoring the confidence of the public in the Government’s commitment to optimise openness, transparency and accountability,” she said.
However, Ms O’Reilly claimed the operation of FoI by bodies which have opposed their inclusion in such legislation, such as Nama and An Garda Síochána, could only be judged by their actual response to FoI requests.
Ms O’Reilly expressed concern about the increased use of non-disclosure provisions by government ministers over the past 15 years to exclude certain information from FoI legislation. She claimed 50% of 230 “Section 32” provisions had become law since 1998.
Asked about the recent report by the Garda Síochána Ombudsman Commission into allegations of Garda collusion with a convicted drug trafficker, Ms O’Reilly said there was a need for more clarity about the case.
“I personally don’t feel that as yet there has been a full exposé of all the issues involved,” she said.
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