Commissioner: Garda must be subject to Freedom of Information laws
More public bodies, including the Garda Siochana, must be included under the Freedom of Information Act, it was claimed today.
Information Commissioner Emily O’Reilly told an Oireachtas Committee that police forces in England and Scotland were already subject to similar legislation and it must happen here.
She acknowledged that the Government announced in October that an extra 109 public bodies would come under the remit of the Act, but said more should be included.
She told the Finance & Public Service Committee: “I’m not aware of any pressing reason for the continued omission from FOI of bodies such as VECs, the Central Applications Office, the State Examinations Commission, the Adoption Board, An Garda Siochana, the Central Bank, Financial Services Authority and the State Claims Agency and bodies dealing with asylum applications.”
The former political journalist dismissed fears that some revelations could cause embarrassment to public officials.
“I am not aware of any instance in which the correction of the FOI Act has resulted in the release of records which have caused more harm than good.
“The fact that the release of a record may prove embarrassing is not a relevant consideration.”
The Commissioner also said she believed that the Garda should be included, just like police forces are in England and Scotland.
“It is worth bearing in mind that in other jurisdictions police forces tend to be covered by FOI in the normal course.”
She said she looked forward to the inclusion of more public bodies soon.
“I am concerned that the last announcement may be seen as some kind of ’final round-up’ and that further extensions may not be planned for some time, if not at all,” she added.
Committee member Joan Burton claimed that the average cost of FOI inquiries including the initial €15 fee and fees for the appeal to the Commissioner was €250.
She added: “I understand from people who work in media organisations that the current level of fees for paper retrieval and archival examination can frequently be in the vicinity of €900-€1,200 euro.”
Committee chairman Sean Fleming said the issue of cost was not relevant to the all-party body’s agenda, which was discussing Section 32 of the Act which covers statutory secrecy of documents.
However Fine Gael deputy leader Richard Bruton said: “We have the Freedom of Information Commissioner here. The one thing we don’t do is tell her that she can’t disclose information to us in certain areas.”
Ms Burton accused Mr Fleming of being ’a poodle’ for the Government parties and added: “I have probably done far more homework in relation to this that you appear to have done to prepare for today’s meeting.”
But Mr Fleming replied: “You are entitled to your opinion, wrong and all as it is.”
Ms Burton added: “Nothing less than the restoration of Freedom of Information Act is required. We have effectively shut it down. The political, philosophical point of view has sought quite successfully to emasculate the concept of freedom of information.”
