The Freedom of Information Act which became law yesterday, will not of itself transform the culture of secrecy which has traditionally permeated Government departments and other public bodies in this State. It will take time before all civil servants and officials appreciate the parameters of the Act and, indeed, before they absorb its ethos. It will take time before members of the public acquire the knowledge and experience they need to exploit fully the provisions of the Act. It will take time before the media learn how to apply its benefits most efficiently to their activities.
For all that, the new legislation is a worthwhile first step to countering the inherited principle of official secrecy and to giving to citizens the kind of openness and accountability which is taken for granted across most EU States and in North America. The former Minister of State at the Office of the Tanaiste, Ms Eithne Fitzgerald, deserves credit for her commitment and tenacity in preparing the legislation and for her work in the lengthy consultation process that preceded it. The challenge now is to ensure that citizens are fully apprised of the workings of the Act and of their rights and entitlements under it.
The new Act could bring substantial benefits for the average citizen. It will give access to official information which is of personal relevance. It will replace the presumption of secrecy with a presumption of openness; there will be a legal obligation on any public body which refuses to disclose information to justify its decision. The Taoiseach, Mr Ahern, is scarcely exaggerating when he says that the Act could be a catalyst for profound and lasting change in our public service.
There will be understandable concern that the range of exemptions to the Act - twelve in all - will limit its usefulness. The Garda will not come under the aegis of the Act and any information which might materially affect such areas as security, law enforcement and international relations is specifically excluded.
It is difficult to say whether the Freedom of Information Act, had it been enacted earlier, would have made any material difference to the welter of scandals which currently affect public life. Ms Fitzgerald, for one, believes that the public would certainly have been aware of the BTSB scandal at an earlier stage. It remains to be seen whether the Act will allow the public genuine access to the decision-making process in Government departments, in local authorities and in other State agencies. It may be that the precise effectiveness of the Act will only become clear if it comes to be tested in the courts.
The Act is a welcome first step towards a more open, transparent and accountable society. It is no more than that. A Government that is truly committed to the principles of openness and accountability would press onward; it would update our libel and contempt laws which greatly inhibit the effectiveness of the media - and which undermine the capacity of the citizenry to know what they should know about public matters. For now, the Government has opened a window. But it has still to let in the light.