Date Released: 28.04.2009
http://www.oic.gov.ie/en/MediaandSpeeches/PressReleases/2009/Name,9975,en.htm
The Information Commissioner, Emily O'Reilly, today (28th April 2009) published her Annual Report for 2008. It is the eleventh report since the founding of the Office in 1998.
The Commissioner announced that the overall number of FOI requests to public bodies in 2008 had increased , 12,672 - up 18% on 2007 figure, the first increase since 2005. This significant increase occurred in a year when no new public bodies were brought within the scope of the FOI Act. The growth in requests for non-personal information is reflected in increases in the number of requests received by the Department of Finance, Department of the Taoiseach and Department of Trade, Enterprise and Employment (Chapter 1).
The Commissioner emphasised the role of the FOI Act in changing the social contract between the public service and the public from one of secrecy governed by the Official Secrets Act to one of openness. Her impression is that the type of information being sought reflects a more thoughtful usage of the FOI Act and its application as a tool to help ensure proper accountability in public administration. The increased usage of FOI by journalists (15% of all FOI requests in 2008 as compared with 8% in 2007) suggests that its value in helping to promote transparency and accountability within the public service. An obvious example of this is the extent to which the release of information under the FOI Act contributed to the putting into the public domain of practices at FÁS, the State Training and Employment Authority.
The Commissioner noted a sharp increase in public demand for transparency and accountability, particularly within public service and financial institutions. She suggests (Chapter 2) that this may be a by-product of the financial downturn. As the public sees the financial gains of the past decade slipping away, there is a demand to know how the turnabout took place and how various public and private institutions behaved both during the boom and after it. The Commissioner said "This new thirst for information should cue a re-evaluation of the role of FOI in holding such institutions to account. I have noted before how many of the state institutions are outside the scope of FOI including the Central Bank and Financial Services Regulatory Authority of Ireland, the National Treasury Management Agency, the National Pensions Reserve Fund Commission and the State Claims Agency. I have also commented before on the secrecy provisions which are contained in the legislation establishing a number of public bodies and which, by virtue of the provision not being included in the Third Schedule to the FOI Act, are outside the scope of the FOI Act."
Over the eleven years of FOI in Ireland, almost 140,000 requests for access to information were made to public bodies. Broadly speaking, 50% of those requests were granted in full and a further 23% were partially granted. In all, over 70% of requests were granted to some extent. In the area of personal information, some 85,000 people have sought access to information held about them and/or their families by hospitals, Government departments, local authorities, third level colleges and other public bodies. Emily O 'Reilly highlighted the proceedings at the FOI 10th Anniversary Conference hosted by her Office in May 2008 which looked at the experience of FOI to date and at the challenges ahead. The impact of the first decade of FOI in Ireland is explored in the publication "Freedom of Information - the First Decade" available at www.oic.ie.
Commenting on the role of settlements and withdrawals in achieving a satisfactory outcome for FOI requesters, the Commissioner gives examples of solutions which emerged through mediation/negotiation facilitated by her Office without the necessity to issue a formal decision on reviews (Chapter 2).
Decisions
Chapter 3 of the report contains summaries of four decisions issued by the Commissioner during 2008:
- RTÉ and a County Council - Case 080050 deals with the provision of the FOI Act which allows a public body to neither confirm or deny the existence of the record requested in circumstances where confirming that the information exists would, in itself, disclose personal information,
- Mr. X and Galway County Council - Case 070290 focuses on the failure of a public body to locate records in circumstances where one would expect records to have been created due to statutory requirements
- Two decisions (Mr. X and the HSE - Case 060320 and Mr. X and a County Council - Case 060130) cover issues arising from requests for access to investigation reports including the application of the public interest balancing test in relation to the handling of a complaint and a claim of an expectation of confidence by those participating in an investigation.
Statistics
The number of FOI requests made to public bodies in 2008 was 12,672. This is an increase of 18% over the 2007 figure (10,704) and 7% over 2006 (11,804) (page 11). The number of decisions made by public bodies which were appealed to the Information Commissioner during 2007 totalled 304 which represents a decrease of 49 cases, or 14% on 2007. Of these, 228 were accepted for review (page 14).
There were 8,229 requests for personal information in 2008; this represents an increase of 9% on 2007. The majority of requests were made by ordinary members of the public or representative organisations (73%), while journalists (15%), business (6%), staff of public bodies (5%), and members of the Oireachtas (1%) make up the other categories of requester. The percentage of requests made by journalists is up to 15% from 8% in 2007. In 2001, 20% of FOI requests were made by journalists. The large decrease observed in requests to the three key Government Departments since the introduction of "up-front" fees in 2003 has been halted.
The number of requests to the Department of Finance for 2008 shows an increase of 131% over the period since 2004 with an increase of 84% for the Department of the Taoiseach and 37% for the Department of Enterprise, Trade and Employment over the same period.
The figures for 2008 indicate that the pattern of lower release rates for the Civil Service is continuing, but that the gap between it and other sectors has narrowed. The statistics show that the Civil Service is less likely to grant full release to records than other public bodies. In 2008 full release was granted in 36% of Civil Service cases, compared to 54 % for local authorities; 70% for the HSE, 48% at third-level institutions; 70% at voluntary hospitals/mental health agencies/voluntary bodies, and 55% at other bodies. The Civil Service figure is close to the 35% recorded for 2007. The Commissioner notes a significant reduction in release rates in the third-level institutions which, at 48% in 2008, are down from 58% in 2007 and 64% in 2006.
Commissioner for Environmental Information
Part II of the Commissioner's Annual Report for 2008 relates to her separate role as Commissioner for Environmental Information. It focuses on decisions made by her office on appeals under the Access to Information on the Environment (AIE) Regulations 2007 which is a separate statutory code from that which operates under FOI.
Chapter 1 outlines of the AIE regime and the activities of the Office of the Commissioner for Environmental Information during 2008 including appeals received and decisions issued. The Commissioner points to the relatively low level of activity in this area and the lack of awareness generally about the right of access to environmental information under the AIE Regulation and Directive EC/2003/4. She said "It is vital that the staff of public authorities have sufficient training to give out accurate information to allow users of the Regulations to exercise their rights, including informing requesters of their rights of internal review and external appeal and the timeframes in which such appeals must be made."
In Chapter 2, the Commissioner reports on her decisions issued in 2008, viz.
- Open Focus & Sligo County Council (Case CEI/07/0006) concerning a charge made for the supply of environmental information about proposed wastewater and sewage treatment plants,
- Hill of Allen Action Group & Kildare County Council (Case CEI/08/0001) concerning a request for information on planning and enforcement matters involving a quarry,
- Mr. Gary Fitzgerald & the Department of the Taoiseach (Case CEI/07/0005) concerning a request for information comprising what was said at Cabinet about Ireland's greenhouse gas emissions. Note: this case is the subject of a High Court appeal and Judicial Review proceedings
- Peter Sweetman & Associates & the Courts Service (Case CEI/08/0005) concerning environmental information in Court records; whether the Courts Service comes within the definition of "public authority" for purposes of the AIE Regulations and whether the Courts Service was acting in a judicial capacity in relation to the information sought.
The 2008 Annual Report is available on the Commissioner's website at www.oic.ie or a copy may be requested by telephone - (01) 639 5689.
End
Further Information on Report, contact:
Liz Dolan, Senior Investigator - 01 6395680; Email elizabeth_dolan@oic.gov.ie
Marie O'Brien, Investigator - 01 - 6395651; Email marie_o'brien@oic.gov.ie
For media enquiries, contact:
David Glynn, Head of Communications & Research - 01 6395714 / 087 236 1884
Email: david_glynn@ombudsman.gov.ie
Further Information: David Glynn, Director, Communications & Research Unit - 01 6395714; david_glynn@ombudsman.gov.ie
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