The reputation of Minister for Public Expenditure and Reform Brendan Howlin will be greatly enhanced, or diminished, by the quality of legislation providing for freedom of information, the protection of whistleblowers and a strengthening of civil service accountability. Resistance to these reforms has become more pronounced in recent months but a failure of political nerve at this stage would cause serious damage to confidence in public administration. Transparency is vital in a properly functioning democracy. Tradition in this State, however, has leant heavily towards official secrecy. That changed in 1997 when the Freedom of Information Act threw open ministerial and official decision-making to public scrutiny. Six years later, however, additional costs and exclusions were introduced that severely controlled access. In opposition, Taoiseach Enda Kenny undertook to remove this "tournique" that prevented the flow of information.
Resistance to the new Freedom of Information Bill has been broadly based. It was reflected in representations made to Mr Howlin by ministerial colleagues at the behest of senior officials. Some organisations wished to be exempted from scrutiny. Others urged that details of pensions and remuneration should be withheld on the grounds of privacy. And a system of charges for information was proposed that would discourage applications. That final suggestion formed the basis for a Government amendment, later withdrawn.
Repairing the damage done to the Freedom of Information Act 10 years ago will not be easy. Back then, government ministers resolved to put their deliberations and decision-making beyond the reach of the media. Senior civil and public servants enthusiastically followed their lead. Limited record-keeping had emerged in response to the original Act but additional, formal changes effectively prevented the disclosure of damaging or embarrassing departmental files. The Bill, now before the Dáil, was designed to roll back those limiting factors. But resistance from some of the most secretive departments – Justice, Health and Education – remains. To be effective, the legislation will require additional support. Where civil or public servants fail – without due cause – to provide information in a quick and efficient manner, there should be career consequences.
Coming to office, this Government undertook to transform the way in which public business was conducted. After three years, change has been limited. A particular concern of the Taoiseach had been to legislate for a revised relationship between ministers and senior civil servants, providing clarity concerning their specific duties and responsibilities. Reform, along with an effective Freedom of Information Act, is needed.
