Severe new restrictions on Act condemned

Opposition parties and civil libertarians rounded on the Government yesterday after it introduced a series of severe restrictions…

Opposition parties and civil libertarians rounded on the Government yesterday after it introduced a series of severe restrictions on the Freedom of Information Act.

An increase in the exemption period for Cabinet records to 10 years from five years was signalled in advance by the Government.

But other measures went much further than mooted. They included an exemption on the release of communications between ministers and a new restriction on the release on papers prepared by groups advising the Cabinet. The Government will also levy an up-front fee on requests for information.

The Minister for Finance, Mr McCreevy, described the package as a "sensible practical measure", which would allow the Government to work effectively while maintaining "reasonable" public access to records.

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Mr McCreevy said: "I do not believe that it's in the public interest that documents about Government decisions on important issues are released before a sufficient period of time has elapsed."

The changes were criticised by the Opposition, which attacked the Government over the manner in which the Act was reviewed by a five-person committee of senior civil servants.

The Fine Gael leader, Mr Enda Kenny, said the changes indicated the Government was determined to keep its secrets "locked away and hidden".

"This new Bill says the potential embarrassment to the Government is more important than the people's right to information," he said.

The Labour leader, Mr Pat Rabbitte, said in a letter to Mr Kenny that the Opposition should take every measure possible to obstruct passage of the legislation.

Mr Rabbitte wrote: "The Government's proposals, as published today, represent a most serious attack on the fundamental principles underlying the Act, and are an attempt substantially undermine its functioning on a day-to-day basis." Although the Cabinet sanctioned the changes on Tuesday, the Government did not publish the Bill until yesterday.

After publishing a Bill to abolish the dual mandate, it was the second time in a week that a major item of legislation was published when the Dáil was not sitting. The Green Party finance spokesman, Mr Dan Boyle, said: "It's a well-used strategy to release unhelpful news on a Friday."

The Irish Council of Civil Liberties said it was appalled at the changes, stating it would only extend the grounds for refusing requests. The council's director, Ms Aisling Reidy, said it was "extraordinary" that the review group and the Government had not consulted outside groups during its review of the regime. "The proposed amendments are designed to inhibit and prevent access to information," she said.

Ms Reidy added: "To cloak in secrecy a revision of the Freedom of Information Act is not only contradictory, but makes a mockery of the values of transparency and openness which the Act was intended to engender."

Referring to the decision to levy fees, Ms Reidy said there had been an increasing number of complaints about overcharging by public bodies of individuals who request information.

The Irish Secretary of the National Union of Journalists, Mr Seamus Dooley, said the Government had adopted an "Alice in Wonderland" approach to openness and transparency.

"There is no justification for a last-minute dash to amend the legislation," he said.

The Office of the Information Commissioner, which monitors how public bodies implement the Act, said it was examining the Bill. A spokesman said the commissioner, Mr Kevin Murphy, would make a statement next week.

Arthur Beesley

Arthur Beesley

Arthur Beesley is Current Affairs Editor of The Irish Times