Guidelines drafted by the Department of Finance for operating the Freedom of Information Act instruct civil servants not to talk to the media about decisions where a minister acted contrary to official advice.
Under the Act, which was introduced by the Department of Finance, civil servants who handle requests for information are obliged to answer questions put to them concerning the material sought, and generally to adopt a helpful attitude.
Prior to the Act coming into effect in April, civil servants were told to refer all contacts from the media to the press office.
The change is causing concern within the Department of Finance, and senior management had proposed guidelines drafted to cover "sensitive cases". The guidelines envisage three catagories of sensitive case.
Ones where the released papers deal with bad administration which occurred without any involvement by a minister.
Cases where a minister endorsed the action proposed by the Department.
Cases where a minister decided on a course of action contrary to official advice.
In categories one and two, the guidelines state that officials can handle press queries which come directly to them if they are happy they should do so. However, with the third category, all queries are to be referred to the press office.
"Similar rules should be developed for handling cases where papers are being released on foot of appeals to the appeals officer in the Department", the guidelines say.
"It should be accepted that there will be cases where officials will be over-cautious, and equally there will be cases where officials will be seen, in retrospect, to have erred in attempting to handle press queries themselves. In the new situation generated by the Act it will be impossible to get all cases 100 per cent right".
The guidelines propose that civil servants should brief the press office about all contacts they have with the media. They also include a proposed system whereby the secretary general would inform the Minister of all requests under the Act, or those "likely to give rise to controversy".
"Under this arrangement, a minister might be subject to attack on grounds that he had, allegedly, interfered in the proper administration of the Act for political reasons. Were such a charge to be made, it could be disposed of by pointing to the independent appeals mechanism. Decisions made in the Department can be appealed to the Information Commissioner, whose decisions are binding on both parties."
Prior to the Freedom of Information Act, the rules for members of staff who were asked by the press office to speak to the media required that the conversation be confined to giving "factual information, clarification and explanations on matters which are legitimately in the public domain but should avoid comment or debate on policy issues".
The draft guidelines say this rule "may be difficult to implement at present; it will be exceedingly difficult to obey where the policy advice of the official has been read in detail by the journalist. Were we to try to obey it, there is a danger of being held up to public ridicule by journalists for refusing to discuss the advice given."
Similar rules apply to members of the Oireachtas. When civil servants are contacted by TDs or senators, they are advised that they should give "every assistance in terms of factual information, clarification and explanations on matters which are legitimately in the public domain".
