Information Bill's "inadequate"

THE Government's Freedom of Information Bill was criticised as seriously inadequate by opposition speakers.

During a debate on Tuesday, the Fianna Fail spokesman on equality and law reform, Dr Jim McDaid, said the Bill was a minimalist and disappointing administrative fig leaf for real openness". Fianna Fail would not oppose "the very modest improvements" being introduced but it asked for Government support, for its Environmental Information Bill. It provided for an appeals system against refusal to disclosed information, set out a schedule of charges for applicants and set a time limit on providing information of 14 days.

There was a failure to repeal the Official Secrets Act. There were innumerable exemptions in the Bill which contradicted the claim that the Bill favoured disclosure. The discretionary grounds for refusing to give information when requested were too vague and facilitated evasion.

Ms Liz O'Donnell (PD, Dublin South) said there was little point in stating a principle of openness and access to information if everything sensitive to the authorities was excluded by exemption.

While the spirit underlying the Bill was welcome she hoped that requests for information would not be treated in the disgraceful way of parliamentary questions. "In my experience, the Dail and the public is misled on a daily basis by minimalist replies."

Introducing the Bill, the Minister of State to the Tanaiste, Ms Eithne Fitzgerald, said it effectively turned the Official Secrets Act on its head, replacing the presumption of secrecy with a presumption that all information could be made public unless its release would give rise to specific harm.

The Bill had drawn on best practice abroad and, in coming late to this legislation, we had been able to draw on a wealth of legislative models and practical experience in other countries.

Public bodies would be placed under an obligation to provide the public with information when requested. "When the Bill is in force every person will have a legal right to see what is on his or her own files held by public bodies."

It would establish an Information Commissioner who would ensure the public's right to know was not blocked.