Review of Freedom of Information Regime (IE0050)

Objective This comprehensive review provides an opportunity to further enhance the FOI regime by examining the strengths and weaknesses of the current FOI regime; considering relevant domestic and international developments and major innovations in communication technology.

Status Quo Transparency is a core principle of public administration. The Freedom of Information Act is one of the key mechanisms through which members of the public can access public records in Ireland and one of its key aims is the promotion of transparency and openness in public administration. The first Freedom of Information Act was passed in 1997 and has been updated a number of times. The current legislation came in to force in 2014. Tens of thousands of requests are made annually under the legislation. In 2019, 41,176 requests were processed. Even in the face of the disruption caused by the pandemic, 32,652 requests were processed in 2020. The vast majority of FOI requests decided on are granted in full or in part, around four out of every five FOI requests in most years (81% in 2020). Usually, the majority of requests are for personal information (57% in 2020). These types of requests tend to be granted at an even higher rate than the average, and are most often made to bodies such as the HSE, voluntary hospitals, or the Department of Social Protection. Journalists account for about a quarter of those making FOI requests (23% in 2020), while in most years the largest single grouping of requesters are clients of the public body concerned (50% of requesters in 2020). Review mechanisms are available where individuals are unhappy with the FOI decisions they have received. The level of uptake tends to be quite low, with internal reviews sought for about 3% of requests in most years (3.3% in 2020) and an independent review by the Information Commissioner sought in about 1% of cases annually (1.3% in 2020). The role of the Commissioner is to determine whether the FOI decision made by a public body was justified. In most years, the Commissioner tends to uphold the public body’s decisions in the majority of decided cases (70% in 2020). In June 2021, the Minister for Public Expenditure and Reform, Mr Michael McGrath TD, announced a comprehensive review of the operation of Freedom of Information (FOI) and the 2014 legislation18 . It is clear that the FOI system is a vital method for accessing information from public bodies. The focus of this review is to continue and further enhance the FOI operation.

Ambition In light of the major innovations in communication technology which have transformed the ways in which individuals and public bodies interact with each other, it is timely to review and seek out ways in which the FOI model can be brought up to date to ensure that it is suitable for today’s needs19 .

Commitment description

What is the public problem that the commitment will address? The ways that people seek, consume and interact with information have been transformed since FOI was introduced in 1997 by the rise of technologies such as the internet. The review will look for ways that the legislation might be brought up to date with these changes. While the annual statistics show that the FOI system as it stands is functioning relatively well, the bare figures cannot alone tell the full story. In carrying out the review, we will seek to engage as broad a range of stakeholders as possible and ensure the scope and direction of the review is driven by these engagements.

What is the commitment? To undertake a comprehensive review in order to further enhance the Freedom of Information (FOI) regime by examining the strengths and weaknesses of the current FOI regime; considering relevant domestic and international developments and how major innovations in communication technology may need to be reflected.

How will the commitment contribute to solving the public problem? The comprehensive review will be collaborative in nature and use a number of methods, including a public consultation, to establish how the FOI system is operating, and how it could be made better. A report will be brought to Government and published, which will make recommendations for improvements to the system, including by amending the legislation if required.

Describe what the intended impact of successful implementation will be? Transparency is a core principle of public administration. The transformational change in terms of operation, culture and ways of working is significant from any recommendations that would be brought forward. As the recommendations have yet to emerge from the process, it is not possible to be specific about the impact. But the impact of previous recommendations on culture and ways of working has been deemed transformative over time20. The independent review of the 1st Open Government National Action Plan found that the FOI Code of Practice and implementation of the FOI 2013 Act commitments both ranked as ‘major’ in terms of opening government.

Which Open Government value(s) does your commitment relate too? Value: Transparency

Why is (and describe how) this commitment is relevant to the Open Government value(s)? It is anticipated that the recommendations to emerge from the comprehensive review, will ensure that more information will be disclosed, improved the quality of the information disclosed, improved accessibility of information to the public and/or enable the right to information.

What United Nations Sustainable Development Goal does this commitment relate too22? . Goal 16: Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels Sub-goal 16.6: Develop effective, accountable and transparent institutions at all levels

Additional information (if known) This review will build on the 1st Open Government National Action Plan, commitments 3.2 and 3.323 which related to reform of the FOI via the FOI Bill 2013 and establishing of a Code of Practice for FOI.

Commitment milestones Suggested next steps and milestones to guide implementation (Don’t forget to capture and detail any public facing element desired; e.g. stakeholder engagement) Who / What organisation (if known) When (if known) Additional info.  Secure Government approval for the review.  Publish a roadmap document in the coming weeks, setting out the process and the ways in which interested parties can get involved. DPER / Cabinet Q3 2021  Initial public survey to ensure civic participation informs the scope of the review.  Initiate a Customer Satisfaction Survey DPER Q4 2021  Publish consultation paper and seek detailed submissions.  Review of international good practice.  Regional events to ensure broadest input (if possible given Covid 19 public health guidance).  Initiate Cost of FOI project. DPER Q4 2021– Q1 2022  Submissions received will be considered. DPER 2022 Q1 –  Consultation with Office of the Information Commissioner and other key stakeholders.  Focus groups and interviews as appropriate.  Draft the Review Report drawing on all elements of the review process outlined. 2022 Q2  Review report and recommendations to be submitted to the Minister and to Government (Memorandum)  Publish the Review Report. DPER Q3-Q4 2022

Action Plan Review

Commitment 2. Review of Ireland’s Freedom of Information (FOI) Regime

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest