State draws veil over public access

THE public right to know what is going on in the corridors of power is a fundamental plank of democracy.

Effectively copper-fastening that basic entitlement, the use of the Freedom of Information Act by the media and individual citizens has contributed significantly to the creation of more open and accountable government and public administration in this country. Arguably, it has eased, to some degree, the burden of a media operating under archaic libel laws.

So, by any assessment, the Coalition’s plan to amend FOI legislation with the aim of restricting public access is regressive and flies in the face of the spirit of freedom.

Having promised to disclose Cabinet records after five years, this highly secretive administration now intends rowing back on its pledge. Instead, it is considering setting a 10-year deadline as is the norm in other countries.

The process of eroding a facility applauded when first enacted five short years ago is expected to begin at today’s Cabinet meeting. Within weeks the Government will ram a repressive package through the Dáil.

Reflecting the growing culture of secrecy towards users of the FOI Act neither the public, nor the media, nor civil liberties groups have so far been consulted about the proposed changes. Fearful of what the media might discover, the Government is keeping proposed changes under wraps. Controversially, a time limit is expected to be set on access to the personal records of ordinary people.

Dr Maeve McDonagh, an acknowledged authority on FOI matters, warns that the current secretive approach of Government could seriously undermine the operation of an Act regarded internationally as an example of best practice.

While a review of the existing legislation is timely, rather than limiting the boundaries of freedom it should, in the public interest, aim at further reducing obstacles designed to prevent people learning the truth about decisions which influence their daily lives.

Claims that a 10-year deadline is necessary because of the sensitive nature of recent events relating to Northern Ireland do not bear analysis as these records are already exempt under the FOI Act.

Nor would discussions at Cabinet be disclosed as these enjoy constitutional protection. Similarly, issues of a particularly sensitive nature would not come to light.

What the Government seems to fear is that people would find out who said what in the secrecy of the Cabinet room about such politically sensitive issues as the Bertie Bowl debacle or the controversy surrounding the O’Flaherty case.

Arguably, the public should be told the truth about whatever secret deal was agreed behind closed doors between the Coalition and religious orders about sexual abuse cases involving nuns, brothers and priests. It is a decision leaving taxpayers facing a bill for a billion euro or more.

Under the promised release of information after five years, decisions made in 2002 would be in the public domain by 2007, the very eve of the next election when the ministers responsible for questionable decisions would probably still be around. The potential political embarrassment for Fianna Fáil and PD ministers from successive governments is self-evident.

Contrary to honouring its obligation to make information more freely available in the public interest, this Government is now putting up the shutters.

The Coalition looks set to further undermine confidence in politics by restricting public scrutiny, reducing accountability and clouding the transparency of decisions that affect the lives of every man, woman and child in the country.