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Annual Report of the Ombudsman 2003

Chapter 4 - Public Bodies and Access to Information

Public Bodies and Access to Information

During the examination of a planning enforcement case against Louth County Council, which is ongoing, the Council compiled a report on its investigations into allegations of environmental pollution and illegal waste disposal. When the complainant sought a copy of the report the Council wrote to her and informed her that she would have to submit a Freedom of Information (FOI) request. I could see no valid reason why the document could not have been given to the complainant outside of the Freedom of Information Act, 1997 and there was no evidence to suggest that the Council had considered this option. When my staff conveyed my concern to the Council the document was released, free of charge, to the complainant.

I am also aware, from an answer given by the Minister for Justice, Equality and Law Reform in the Dáil in November 2003, that his Department had a policy of not disclosing reasons for refusing an individual a certificate of naturalisation. Failed applicants were advised to apply for access to their records by means of a FOI request. The Minister's answer indicated that the policy had ceased and that reasons are now normally given for refusals.

As Ombudsman I believe it is of paramount importance that public bodies should deal openly with people by disclosing information available to them to the public with the minimum of restrictions and in a prompt manner, unless there are valid statutory or other grounds for restricting or refusing the information. I would be very concerned if a pattern emerges of public bodies becoming less open by insisting that members of the public use FOI requests to obtain information which should be made available without recourse to the FOI Act. This is of even more importance since the Freedom of Information (Amendment) Act, 2003 enabled the introduction of fees for non-personal information requested under the Act.

I will exercise extreme vigilance in ensuring that the public are given full and prompt access to information to which they are entitled in the normal course without being forced to resort to the formalities of the FOI Act. I will take any necessary action against public bodies within my remit which fail to respect this entitlement. I will also report on any similar cases I come across in future annual reports.

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