Proposed changes to Freedom of Information Act

EAMON DE VALERA,

EAMON DE VALERA,

Madam, - Enda Kenny TD and Richard Bruton TD, among others, have expressed great concern at the Government's proposal to amend the Freedom of Information Act.

Both Mr Kenny and Mr Bruton have served in Cabinet and have been responsible for government departments. Do they think that it is better to run the risk of further impairing the standard of record-keeping in government departments?

I would like to know whether, for example, they would countenance a situation, in relation to a particular issue, where coherent departmental records were not kept, only part of one important document was kept, some meetings were not recorded and senior civil servants were unable or unwilling to say whether or not a Minister had been the author of a document.

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A senior civil servant, in another context, has stated publicly that he believes the standard of record-keeping has declined in the public service over the past decades. This is a statement, I believe, with which many public servants above a certain age would agree.

There is now a widespread belief that civil servants are taking care to restrict what they maintain on file and routinely delete e-mails because of the possibility of disclosure under the Freedom of Information Act.

The failure to maintain proper records has the potential to destroy internal accountability and the very integrity of the workings of government.

As amended, the Freedom of Information Act will remain an important pillar supporting the rights of the ordinary citizens. Their right to enquire and receive details of personal information held by public bodies will remain largely unchanged. Those government documents, other than memoranda and notes restricted by the requirement to maintain cabinet confidentiality, will become available after 10 years.

What do Mr Kenny and Mr Bruton consider more important: the early disclosure of information or the freedom of ministers and civil servants to go about their business and maintain proper records without the fear of premature disclosure? When they were in office, did they ensure that proper records were kept in their departments? Would either have been concerned if proper records were not kept for fear of disclosure or any other reason?

I would like to know. - Yours, etc.,

EAMON DE VALERA,

Merrion Square,

Dublin 2.