Accountability - Revised act is central to reform plans

Speaking in Limerick last week, Brendan Howlin, the public expenditure and reform minister, said that 70 public or semi-State bodies, including An Garda Síochána and Nama, will be covered by revised Freedom of Information legislation under preparation.

The review was promised during the 2011 election campaign and is intended to restore the act to something approaching its original robustness. It is also intended to better reflect the spirit of that legislation.

Early indications are positive, though it remains to be seen if the legislation will be as powerful, especially in relation to the gardaí or Nama, as Mr Howlin has suggested. It may be wise to wait until revised legislation is enacted before the issue can be filed under the “election promises delivered” heading. However, any retreat from last week’s suggestions would be very disappointing.

It seems unlikely that there might be because, as we have argued time and time again, effective freedom of information legislation is one of the hallmarks of a functioning, secure democracy. Not only is it a way to hold some of the most powerful, big-budget government organisations to account, it is also a way to learn from our mistakes so we do not repeat them.

This is especially important in a country where — amazingly — our elected parliament is precluded from holding inquiries that might conclude by establishing something as a matter of fact. Thankfully, Mr Howlin is working on measures that might allow that issue be revisited in the lifetime of this coalition

Just yesterday, the Irish Times published details of cabinet correspondence from 2000 from Charlie McCreevy, the then finance minister, which were secured under the act. He warned that foreign investors believed the economy was “heading for trouble if the boom is let rip” and he pointed to “widespread, unrealistically high” expectations about wage increases, tax relief, and spending.

These revelations will not undo history, but they may rewrite how it is understood and give us a better ideaof what went so wrong, a better idea of the great forces always at play on these issues. It gives us an opportunity, too, to try to prevent a recurrence.

Revised, strengthened legislation should be matched by more consistent rulings, especially around what is and what is not private information. As it stands today, information already in the public domain can be used to reject a request for information on an individual. This seems at least bizarre.

A renewed act would not change Ireland overnight but it would be a worthwhile step towards challenging the culture of secrecy that has not served us well. It would, almost counter-intuitively, help restore faith in parts of our public life that, because of their opaqueness, have lost considerable credibility.

Rejuvenating the Freedom of Information Act would be more than welcome and be a positive step towards delivering on the spectacular mandate this Government was given for reform and change.