Freedom of Information Act - Extend act to help consumers

THE Freedom of Information Act is one of the great tools in supporting a participatory, transparent democracy. 

The legislation forces reticent agencies or ministries to give an account of their actions though it would be naive to imagine that it is all encompassing, that it ensures complete openness and clarity. In a society where secrecy is a default cultural position anything else would be surprising.

Speaking at a conference on FoI legislation in Kilkenny yesterday Professor William Binchy, former Regius Professor of Laws at Trinity College Dublin, suggested that the act be extended to cover private healthcare companies and producers of medical devices so a consumer might not be disadvantaged in the eventuaity of having to sue one of these entities.

Prof Binchy suggested that some of those who produce medical devices destroy records so very quickly as to raise concerns about the capacity of a consumer to bring a successful action. He suggested that this destruction of records might be a policy aimed at achieving exactly that result.

The conference also considered if officials had devised new, less accountable ways of recording decisions or opinions.

Evelyn O’Connor, from the reform unit of the Department of Public Expenditure and Reform, suggested there was no evidence to support this claim — a response that may be true but it is also very questionable.

It is very hard to believe that our Sir Humphrey Applebys would be so green.