Minutes of Meeting
20th of July 1999
1. Attendance:
In attendance were, Ms Geralyn McGarry, National Social Services Board (Deputising for Ms Leonie Lunney), Mr Seamus Dooley, NUJ, (deputising for Mr Ronan Brady), Ms Emer O'Siochrú (Consumer Association of Ireland), Mr Gerry Kearney (Department of Finance, FOI Central Policy Unit), and Mr Sean Garvey (also CPU).
Apologies: Ms Maeve McDonagh (UCC)
2. Minutes:
The minutes of the previous meeting were agreed.
3. Extension of the FOI Act:
The Government decision to extend the Act to a range of bodies was discussed. Mr Kearney advised that the Act was being extended across key sectors of public administration (enterprise, education, broadcasting, the environment etc.). The decision reflected Government policy of extending the remit of the FOI Act in a structured and incremental fashion.
The absence of a number of public bodies from the proposed extension of the Act and related anomalies was raised. The desirability of including urban renewal bodies was also touched on.
Mr Kearney advised that, to ensure adequate support and preparations by public bodies it was essential that the extension of the Act be approached in an incremental way. The limitation on the number of bodies being brought in over the next phase was essentially determined by the need to support the extensive preparations required. He observed that this extension represented the third since the Act commenced for central Government in April last year. Further extensions will periodically arise and, against this background individuals/groups can put forward proposals for the inclusion of particular bodies under FOI.
4. Proposals by the NSSB to increase awareness of the FOI Act among the general public:
Ms McGarry spoke of the NSSB's intention to present proposals to improve public awareness of the availability of information generally to the Public Service Network on 9 September. The role of information giving networks, such as Citizens' Information Centres and Youth Information Centres, the interaction of unemployment centres with local service deliverers, and availability of section 16 publications other than on the Internet (which has relatively privileged access) are seen as especially relevant.
The importance of publicity initiatives being geared towards increased engagement of individual citizens was agreed.
Ms O'Siochrú spoke of the need to promote understanding that access to information was of benefit to all sectors in society. Ms McGarry suggested that public bodies might be more vigorous in pursuing their obligations to provide information generally.
The need to identify specific initiatives for increasing general awareness of the Act was agreed. Mr Dooley undertook to provide CPU with a note on possible pilot schemes for raising local awareness.
5. EU Green Paper on public sector information/Extract from "FOI Reports" by Let in the Light and DCU
Mr Garvey outlined the consultations which had taken place across in the course of preparing our submission on the Green Paper, including input from CAG members.
Mr Kearney acknowledged the positive contribution of the recent "FOI Reports" by the Let in the Light Group on operation of the FOI Act. He added that the balanced comments in the report had been very positively received across departments.
6. Information Commissioner findings:
Mr Garvey advised that Information Commissioner findings can be accessed by CAG members both from the Commissioner's Website and directly from the CPU. He also informed the group that the CPU was producing brief analyses of key Commissioner findings. This work would be completed shortly and the notes would be posted directly to the D/Finance website.
Later this year it is proposed that a separate FOI database currently under construction incorporating the text of findings, the CPU information notes, CPU notices, and relevant regulations under the Act will be completed for public/user access. (Ms O Siochru left at this point)
7. Administrative protections of the Act: issues arising Difficulties posed by the pattern of use of the Act by an unidentified requester were considered. Non civil service members of the Group felt that the circumstances of the case appeared to amount to consistent misuse of the Act. The particular threat posed by misuse to small bodies was also raised. Concern was expressed that a pattern of misuse could, if unchecked, bring the Act into disrepute and divert resources from dealing with other FOI requests
It was felt that in such cases of misuse, the protections of section 10 should be appropriately invoked. It was further agreed that the views of the Group on such behaviour generally should be conveyed to the public body concerned and, if appropriate, to the Commissioner's Office.
8. Any other business
Ms McGarry agreed to copy for the group material for the 9 September meeting concerning raising public awareness. The possibility of widening the membership of the group and/or use of the group as a forum for periodic wider involvement of interests was discussed.
9. Next meeting:
The next meeting was provisionally set for September. Confirmation of an exact date will follow.
Sean Garvey