The Garda Síochána could be required to release some of its files under an extension of the Freedom of Information (FOI) Act due to be carried out by the Government by the end of 2005, writes Mark Hennessy, Political Correspondent
Yesterday, the outgoing Information Commissioner, Mr Kevin Murphy, once more called for the Garda to be made subject to the 1997 legislation when he released his annual report.
The controversial restrictions imposed on the FOI Act by the Minister for Finance, Mr McCreevy, earlier this year, had removed any justification there may have been for excluding the Garda, he said. "The case for continuing the exclusion of the Garda is no longer a viable case because the really sensitive areas concerning the security of the State are now subject to a blanket exemption.
"I see no reason why the public should not have access to the records of the Garda's activities, particularly about their interaction with the general public. I would hope that the Government would look again at the exemption," said Mr Murphy, who steps down in June from his roles as Ombudsman and Information Commissioner.
The Minister for Finance last month said the FOI Act, which now covers nearly 400 bodies, will be extended to cover all those "appropriate for inclusion" by end-2005.
Senior gardaí privately oppose the move. The Government has not yet decided to include the force, but it may require the release of personnel records requested by serving, or former members of the force.
In addition, records detailing the Garda's responses to issues raised by members of the public may be covered, though there is no question that sensitive criminal files would be endangered. Despite the Government's curbs on the Act, the Commissioner said he believed it was still "a robust piece of legislation" which has established itself "as an essential part of public administration".
Nearly 700 appeals were made to the Commissioner last year from members of the public and the media unhappy with the refusal by official bodies to release files. The Commissioner ordered the release of files in 60 cases and arranged for a settlement between the sides in 131 more. The number of appeals lodged is 20 per cent up on the 2001 total.
The FOI changes mean that some past successful appeals, such as one requesting publication of files about the purchase of new Defence Force helicopters, will not happen in future, he warned. The changes mean that communications involving ministers and reports drawn up for government by officials cannot be released, along with papers about security, international relations and Northern Ireland.
The restrictions on security, international relations and NI files amounted to "a serious sort of pulling back" on the legislation, said Mr Murphy, though the impact of the others is hard to gauge.
Top civil servants will have to notify the Information Commissioner every time they decide to grant an exemption from FOI to a committee of civil servants, he said. "Secretaries General will be conscious of the fact that they could be subject to criticism if they abuse that provision in the Commissioner's annual report, or be made subject to a special investigation," Mr Murphy declared.
Meanwhile, he sharply criticised the continuing failure of the Department of Education and Science and the Department of Health and Children to deal with FOI requests on time. The Department of Education has put in new rules to remedy the situation. The Department of Health and Children has sought tenders for new computers to solve the problem.