The office of Minister for Equality Roderic O’Gorman has been criticised for breaking Freedom of Information (FOI) rules when it blocked a request for Government files on the care and family referendums.
Mr O’Gorman, now leader of the Greens, was chief sponsor of two referendums that were rejected overwhelmingly by the electorate in March. The result dealt a severe blow to the Coalition, a fortnight before then taoiseach Leo Varadkar said he was resigning.
A 73.93 per cent majority rejected amendments to “strive to support” care and delete mothers’ duties from the Constitution and 67.69 per cent rejected proposals to recognise families in “other durable relationships” in addition to marriage families.
The refusal of Mr O’Gorman’s department to acknowledge or reply to an application from The Irish Times for referendum papers came as FOI files from other departments called into question the Minister’s claims about the proposed amendments. FOI bodies are required under the Act to determine requests within four weeks or to issue written notification if more time is required.
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Now a binding ruling from the Office of the Information Commissioner has compelled the Department of Equality to consider afresh the news organisation’s FOI application, saying the original decision to refuse access to the files was “not justified”. The commissioner carries out independent reviews of FOI decisions by public bodies.
Mr O’Gorman’s department failed to reply to the original request within the statutory period set out in the FOI Act and failed to hand down a determination when The Irish Times sought an internal review of the lack of response.
Almost three months passed before his department finally replied, under instruction from the commissioner, but access to the files was blocked because the request was voluminous.
“The department’s processing of the applicant’s request in this case fell well short of the requirements of the Act,” said Stephen Rafferty, a senior investigator with the commissioner’s office.
“This office is aware of a number of similar recent situations involving the department and has made arrangements to follow up on these issues with the department’s secretary general,” said Mr Rafferty in a binding ruling on Friday.
The ruling annuls the decision handed down by Mr O’Gorman’s department, which on May 31st suggested the request made almost 13 weeks previously on March 3rd should be refined.
Although the request was made five days before polling day, the department’s decision meant none of its records were released to The Irish Times at a time when files from other bodies undermined Government campaign claims.
Mr O’Gorman cited advice from the Attorney General when questioned about disclosures from other departments.
Even though Ministers claimed the family referendum proposal had no tax implications, Revenue officials warned of potential tax law changes.
Although Mr O’Gorman claimed the proposals would have no “legal impact” on immigration law, justice officials warned the referendums risked creating prolonged “legal uncertainty” over migration.
Minister for Public Expenditure Paschal Donohoe warned Mr O’Gorman of “extensive policy and expenditure risks” in the care referendum. In addition, Department of Finance files show the care amendment wording was chosen to “avoid a concrete and mandatory obligation” on the State.
Asked about the commissioner’s ruling, Mr O’Gorman’s department noted the decision. “The department currently has a large backlog of Freedom of Information requests, in particular due to a very significant increase in requests related to international protection and the accommodation of beneficiaries of temporary protection.”
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