RAYMOND BYRNE,
Madam, - We have read with concern of the Government's plans to introduce amendments to the Freedom of Information Act 1997 and we commend your opposition to the proposed changes (Editorial, February 13th).
There is much that could be improved in the Act, but the reported intention to introduce new restrictions on its operation is deeply worrying.
Less than a month ago, the fourth annual report on the operation of the Act was submitted to the Houses of the Oireachtas. In his foreword to the report, the responsible Minister, Tom Parlon, noted the extension of the Act's coverage to more public bodies - including the universities. Mr Parlon added that the extensions "contribute to the Government's overall public service modernisation programme through developing greater openness, transparency and accountability". We support the general move towards greater openness, transparency and accountability and welcome the extension of the Freedom of Information Act to the University sector.
The report to the Oireachtas made no mention of the type of restrictions now proposed. But when the Taoiseach took a question on freedom of information in the Dáil on February 12th he dwelt on the ways in which information acquired under the Act is used, or, in his terms, "abused".
It is not too difficult to agree with him that some of the requests for information and the reports based on that information are trivial, maybe even misleading. But such a judgment has no implications for the right of citizens to have access to information held by government and other public bodies. In urging that "the information provided under this process should be used properly and not distorted", the Taoiseach succeeded only in muddying the water.
Mr Ahern also signalled his discomfort with the provision of the Act that makes Cabinet papers accessible under Freedom of Information after five years. He quite mistakenly compared this provision to the requirement under archives legislation that all such papers be released for public inspection after 30 years. In one case, papers are subject to request; in the other case, papers must be released.
The Taoiseach further compounded his error by referring to the specific case of Cabinet papers relating to events in Northern Ireland of five years ago, which become accessible from April 21st. The Act contains explicit exemptions from the obligation to release documents under FoI in respect of security, defence, international relations and Northern Ireland.
While we would be concerned that this exemption might be applied universally to documents relating to Northern Ireland, thus hindering the work of contemporary historians of the peace process, the exemption can already be claimed for the kind of case the Taoiseach outlined.
Freedom of information legislation marked an important advance in our democracy. As teachers and researchers who use the Act and who commend the Act to students, we urge the Government not to proceed with amendments that introduce further restrictions on its scope and operation. - Yours, etc.,
RAYMOND BYRNE,
JOHN DOYLE,
Prof ROBERT ELGIE,
GARY MURPHY,
School of Law
and Government;
Prof JOHN HORGAN,
COLUM KENNY,
PATRICK KINSELLA,
JOHN O'SULLIVAN,
BRIAN TRENCH,
School of Communications;
Dublin City University,
Dublin 9.