SEANAD REPORT: Public bodies had always been encouraged to ensure that the need for people to have resort to the Freedom of Information Act was kept to a minimum, Mr Tom Parlon, Minister of State for Finance, said.
Speaking in the debate on the annual report of the Ombudsman, he said that the current office holder, Ms Emily O'Reilly, was worried about an approach by Louth County Council to the release of information which resulted in an applicant being directed to go through the Freedom of Information (FoI) process to get information and having to pay the up-front fee.
"In case there is any feeling that this is part of an orchestrated campaign, I would like to make it clear that public bodies have always been encouraged to adopt a pro-active approach to the release of non-contentious information so that the need to go through the formalities of the FoI Act is kept to a minimum.
"The recommended approach in this regard is enshrined in a notice from the Central Policy Unit on FoI in the Department of Finance.
"In addition, since the introduction of up-front fees, the unit have also been emphasising that FoI requesters should not be put to unnecessary expense and should be given the opportunity to obtain a refund where information can be obtained outside FoI or is definitively exempt," added Mr Parlon.
Mr Fergal Browne (FG) said he believed that public representatives should not have to pay fees when they sought information concerning issues of genuine public interest.
Dr Martin Mansergh (FF) said he was glad that the case with the Revenue Commissioners had finally been resolved.
He believed that it should be a rule that public authorities and departments accepted ombudspersons' rulings unless they were clearly unreasonable or based on misapprehension of facts. It was very important for confidence in the system of public administration that they had a person who was absolutely impartial and who had been entrusted with making the final decision as to whether the administration was right or wrong.
Mr Terry Leyden (FF) said that the hunger striker who was protesting outside Leinster House would be dead within a matter of days if action was not taken to save his life.
Calling for an emergency debate to examine how members of the House could assist Mr Tom Sweeney to end his 21-day fast, Mr Leyden said that the Minister responsible for the redress board dealing with allegations of abuse in State institutions should come to the House and outline this case. The Cathaoirleach, Mr Ruairí Kiely, advised Mr Leyden that the matter might be appropriate for a formal adjournment debate.