The Information Commissioner, Mr Kevin Murphy, has told the Department of Education to release material on a controversial new inspection scheme for schools.
In an eight-page judgment, Mr Murphy said the Department must release most of the records on Whole School Evaluation (WSE) requested by The Irish Times since January 2000 under the Freedom of Information Act.
In several sections of his judgment, Mr Murphy said the "public interest" would be best served if the records were released. "There is also the question of accountability in that schools are in receipt of public funds," he said.
The Department has to release the documents within the next month or appeal to the High Court on a point of law.
The WSE scheme, which has been piloted in a few schools, is currently held up because of objections from the teacher unions. Many teachers oppose the scheme because it introduces a new layer of inspection to the classroom. The ASTI has said it will not co-operate with any changes in schools until its 30 per cent pay claim is settled.
Many schools are also worried that WSE reports could be released to the wider community. However, some parents and other observers have described the WSE as too tame.
The Irish Times requested internal documents on the development and scope of WSE and copies of all submissions on the issue from the education partners. Minutes of meetings between Department officials and these representatives were also re quested. The Department initially refused to grant any information, but during an internal appeal it agreed to grant limited information.
It resisted releasing the majority of documents on several grounds. First, that it was still deliberating on WSE; and second, that views submitted on WSE by parents, teachers and other groups should remain confidential, and that their release could harm the Department's staff relations.
The Department also declined to release one internal report because it contained an inspector's views on the scheme, and releasing these would be "most unhelpful".
Mr Murphy said while he recognised the deliberative process was continuing, releasing the documents would cause "further debate" and this was not contrary to the public interest.
On information given in confidence, Mr Murphy said none of the correspondence was headed private and confidential and they were submitted following an invitation by the Department.
In relation to minutes of meetings between Department officials and the education partners, he said he was not convinced these were intended to be "kept confidential".
He also rejected the Department's claim that disclosing the submissions and minutes might prevent the partners from submitting information in future.
"I do not accept that representative bodies for parents, teachers and school management would decide to cease making representations about potentially controversial and important developments in education merely on the basis that their submissions could be released under the Freedom of Information Act," he said.