The Ombudsman and Information Commissioner, Ms Emily O'Reilly, has conducted an analysis of the effect charges have had on the operation of the Freedom of Information Act. The findings are stark.
And they bear out the long-held contention of this newspaper that their introduction, along with the exclusion of key areas of Government policy-making from the provisions of the legislation, would choke the flow of useful information to citizens.
The Freedom of Information Act was designed to throw light into dark corners and to hold governments and public servants to account for their administrative actions. It helped to reveal details of the "Bertie Bowl" project that the Taoiseach, Mr Ahern, found highly embarrassing. And it facilitated a close examination of ministerial decision-making that was greatly resented within Cabinet. As a result, early last year, restrictions were placed on the kind of files that would be made available in future. And fees were introduced by the Minister for Finance, Mr McCreevy, to cover applications and appeals under the Act.
The Information Commissioner found there had been a 75 per cent drop in the number of requests for non-personal information between the first quarter of 2003 and the first quarter of 2004. Requests from journalists had fallen by 83 per cent in that period and continued to decline.
Ms O'Reilly asked that the scale and structure of the charges should be reviewed because the media represented "a key element in an open and properly functioning democracy". Charges were substantially out of line with those in other countries, she said, and public bodies were urged to ensure that, where possible, information was released without obliging citizens to seek it under the Act. She was particularly concerned by the fee of €150 for an appeal to her Office.
The behaviour of the Government in this matter has been informed by wilful arrogance, a desire for greater secrecy and a determination not to be held to account for any bad administrative decisions. Small wonder then if this approach should influence the attitudes of civil and public servants towards the release of politically sensitive information.
The Information Commissioner has recommended a review of charges. But the more serious issue of excluding certain categories of files from the terms of the Freedom of Information Act was beyond her authority. Such an examination should not have to await a change in government.