Freedom of Information legislation is one of the main avenues available to provide transparency on how the State, its agencies and some organisations which it funds, operate and make their decisions.
The legislation is an essential element in a modern open democracy, allowing citizens to see the thinking behind decisions that affect their lives and to access information being held about them. Half of all those requesting data last year were clients of the public body concerned, in most cases probably seeking personal information.
The Act was last updated in 2014 by then minister for public expenditure Brendan Howlin. This revision was welcome as it reversed many of the restrictions which had been introduced by the Fianna Fáil-led administration in 2003, including the €15 application fee. However, it was not perfect and in the interim there have been developments including a number of Supreme Court rulings which have implications for its operation.
In his annual report for 2020, published in recent days, Information Commissioner Peter Tyndall said he had been calling for a formal review of the legislation since 2017 and argued that there were “certain aspects of the Act that would benefit from amendment”.
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Last month Minister for Public Expenditure Michael McGrath announced that work would shortly commence on a review of the Act. McGrath suggested in general the Freedom of Information system was functioning well. He said it was “timely to consider how we might find better ways of achieving transparency in public administration”.
The review is welcome. It should take account of developments since 2014, whether they be legal or technological, and look at broadening the number of organisations covered by the law. The review must include the views of citizens, representative bodies, activists, campaigners, academics and the media as well as public bodies themselves. It cannot be confined to or dominated by public bodies or any other group. And there can be no rolling back the scope of the legislation or reimposing any of the restrictions of the past.