The coming into operation of the Freedom of Information Act marks an important first step towards a new era. After a long history of secrecy in government and public affairs, dominated by an extensive Official Secrets Act and the culture of secrecy that that Act both reflected and perpetuated, the new Freedom of Information Act heralds the dawning of a more open and confident, even enlightened, society.

However, although the situation has been improving gradually in some respects over the last few years, embracing the presumption of openness, which the Act demands, involves a major shift in outlook on the part of government, public service and public officials that will not happen overnight. A culture of openness has to be created and fostered, and that will take time.

In the same way, the practical benefits and indeed weaknesses of the new legislation will become apparent only over time. What is important, however, is that the Act creates for the first time a general right of access to information held by public authorities, a right which is increasingly seen as a crucial component of the internationally-recognised right to freedom of expression and right of the public to know.

The Act was passed in April 1997, following several years of campaigning by various individuals and organisations. It was steered through the Oireachtas with determination and commitment by the government minister at the time, Ms Eithne Fitzgerald, who deserves credit also for the wide consultative process in which she engaged and for her willingness to draw on the experience of other jurisdictions, particularly Australia and New Zealand, which first passed freedom of information legislation in 1982.

The Act becomes operative only now, one year later, because time was needed for government departments to put a system in place for implementing the Act and for meeting their commitments in according the right of access it embodies. Public bodies are required under the Act to prepare and provide a reference book indicating their structure and organisation, the type of records they hold and the arrangements made by them to enable access.

There is also provision for updating this material at least every three years. In the case of information held by local authorities and health boards, it will be a further six months before the Act becomes operative. Other bodies will be brought within the ambit of the Act only when ministerial orders are made for that purpose. It will be one of the indications of the success or otherwise of the Act how soon other bodies are brought in. In fact, that is a good example of the sense in which the Act is a first step.

The aim of the Act is to provide timely, effective, low-cost access to government-held information for the public. Time limits are provided for but need to be seen as outside limits, with information being provided well within the time limits whenever possible. There has been a tendency in other countries to delay giving the information until the time limit is reached. In the case of media requests for information such a practice could frustrate the purpose of checking information in order to run with a story.

If it is to be effective, the system also needs to be clear and straightforward, and not put up unnecessary barriers. Cost is a crucial factor as the right of access could be negated, particularly for individuals or free lance journalists, for example, by excessive charges.

Training in the use of the right of access under the Act could greatly assist those seeking information on how to do so in a way that will not result in their either being swamped with information and possibly incurring large costs, or in their being fobbed off with only partial or peripheral information that does not really meet their needs.

Experience in other countries suggests that in the early stages, until all concerned become more comfortable with the granting of access, attempts will be made to frustrate the process, to make it difficult and discourage applications.

That is where journalists and others in a position to do so must be prepared to persist and to challenge refusals of access or undue delays or other hindrances where appropriate. Vigilance and some element of challenge will no doubt be needed before the Act begins to operate smoothly.

One of the more salient provisions of the Act is the appointment of an Information Commissioner. This role, which involves reviewing refusals of access, will be filled by the Ombudsman. A further appeal to the High Court on a point of law will be possible.

Of immense importance to the success of freedom of information legislation is the extent and nature of the information that is exempted. Included in the exempted categories in the Irish legislation are certain kinds of deliberations of government and public bodies, law enforcement and public safety matters and, particularly, security, defence and international relations, as well as confidential and commercially sensitive information.

The list is extensive, and this is one of the worries about the legislation and how it will operate in practice. Experience elsewhere has been that exceptions and exemptions are invoked to the limit. Coupled with this is the provision that allows ministers - subject to certain limited safeguards - to issue certificates declaring records to be exempt and the fact that the Official Secrets Act, 1963, which contains a very broad definition of official secret, remains in place, with only minimal amendment to ensure that the new Act is not totally frustrated.

This Act is not, therefore, a panacea for the concerns of public or media, but it does present an important opportunity and challenge to all. Used well, it will bring worthwhile long-term benefits.

Journalists will continue to depend on contacts to tip them off or point them in the right direction, but they will now have the opportunity to go direct to records to ferret out and check "official" information, which should bring greater depth and objectivity to the stories they write.

As a result, the public will be better informed, and a culture of openness will benefit us all.

Marie McGonagle lectures in law at NUI Galway. She is also a member of the Let in the Light group, which campaigned for freedom of information legislation