Dail revolt over information Act

The Government is set to face a major Opposition revolt over its attempt to curb the Freedom of Information Act, which begins…

The Government is set to face a major Opposition revolt over its attempt to curb the Freedom of Information Act, which begins its Oireachtas passage in the Seanad this week.

In a letter to other Opposition parties, Labour Party leader, Mr Rabbitte, has urged that "every measure possible" is taken to obstruct the legislation published on Friday.

Under the Government's plan, correspondence between ministers would never be released again, while plans to publish Cabinet papers from 1998 on a rolling basis would be scrapped.

The legislation followed a six month long review of the Act by five senior civil servants, led by the Secretary to the Department of the Taoiseach, Mr Dermot McCarthy.

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Fine Gael leader, Mr Enda Kenny, last night demanded the five should be called before the Oireachtas Finance and Public Service Committee to explain their recommendations.

"The Government may be about to take an axe to the Freedom of Information Act, but the Civil Service is still accountable to the Oireachtas," he declared.

"They failed to engage in any meaningful consultation about their work, despite repeated Government policy statements about the desirability of consultation before legislation is published.

"Their report appears to be based mainly on their own experiences and any other experiences of which they were aware, including that of their respective ministers.

"Who made the decision not to consult more widely? Did the Taoiseach or his ministers give such an instruction? Why was the Information Commissioner not consulted?

"Why were the Government's own FOI advisory groups not consulted?

"Why were major users of FOI not consulted? Why were the views of former ministers not sought?" Mr Kenny asked.

The Government's plan to deny TDs access to papers used to prepare ministers for Dáil questions has caused particular anger amongst Opposition TDs.

In addition, the proposed exclusion of all documents related in any way to tribunals of inquiry has raised suspicions about the Government's real intentions. The legislation will be debated in the Seanad on Wednesday and Thursday.

"The Government seems to be testing it out there first," said Fine Gael whip, Kildare TD, Mr Bernard Durkan.

In his letter sent on Friday to Opposition counterparts, Mr Rabbitte said the Government is intent on "filleting" the five year old legislation.

"The proposal are a most serious attack on the fundamental principles underlying the Act, and are an attempt to substantially undermine its functioning on a day-to-day basis.

"Our democracy will be significantly weakened if these proposals are enacted," said Mr Rabbitte, who wants ministers to be denied pairs excusing them from Dáil votes. "The Labour Party is not opposed to an open and fair-minded review of this or any other legislation. But these proposals have been formulated in secret," he went on.

Consultations with the National Union of Journalists or the Information Commissioner, Mr Kevin Murphy, who is the final court of appeal for those seeking FOI information, had not happened, he said.

In Saturday's edition, a picture of Enterprise Ireland chief executive, Mr Dan Flinter, was published instead of Mr Paul Haran, secretary general of the Department of Enterprise Trade and Employment, one of the expert group who advised the Government on changes to the Freedom of Information Act.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times