Freedom of information commenced almost six months ago for Government departments and certain public bodies. Despite concerns and predictions that FOI would lead to the collapse of civilization, let me point out that this has not, in fact, come to pass.
On the contrary FOI is quietly, but firmly embedding itself within our adminstrative systems and practices. Government bodies have generally shown themselves capable and robust in their management of this major change. The figures speak for themselves at the end of last month about 1,800 FOI requests had been received by departments; of these about 81 or under 5% are subject to appeal to the Information Commissioner. So, FOI is here, now and part of our administrative life.
This of course does not tell the full picture. On foot of FOI there is a shift in thinking across departments. A view that there are benefits in making information more freely make available outside the Act. So FOI is having effects on two fronts, firstly through enabling access under its provisions; secondly, through requiring departments to think about broader access by members of the public to information generally.
This brings me to a key point and one which this conference may which to consider
By this I mean is it a process whereby our public service bodies revisit the way in which they do business? Is FOI a lever for review of practices, procedures and values and a pathway towards a different relationship with the public?
I am in no doubt that FOI operates at both levels. It is about receiving and positively responding to requests for information. But it is also about changing the thinking and practices of public service organisations.
So let's consider FOI at both these levels.
Insofar as receipt and processing of requests is concerned FOI is in action, and, by reference to the figures I mentioned earlier, it is working reasonably well. Of course there are areas of differences. But the appeals processes of the Act are designed to ensure that, in such cases, you, as requesters obtain a fair deal. If necessary through the intervention of the Information Commissioner. The relatively low level of ultimate appeals to the Commissioner augurs well on this front.
On the broader front of organisational change it may be argued that the impact of FOI is not as immediate or as great as some might have expected.
I disagree.
To such commentators I would ask “How many of you have worked to secure major change in a large organisation?” “How many of you have worked to secure profound change across large organisations?”
To those of you without such experience let me say this. Profound change is neither a creature of immediacy nor an art of perfection. It is a process of trial and effort, of getting it wrong, of learning from mistakes and of gradually reshaping organisational thinking and practice.
FOI is pure change—it requires change in understanding, in procedures and in practices. Most fundamentally, it requires change in beliefs.
As such FOI cannot escape from the imperfections of human understanding or organisational life. We can, we are and we have been dealing with FOI requests today and for the past six months. However, the ultimate changes in organisational beliefs and systems will take longer. To secure these changes I have put in place a range of administrative mechanisms; these include cross departmental groups, user networks and advisory groups.
However it is important to understand Freedom of Information as part of a wide ranging programme of reform within central Government. It is paralleled by exciting new initiatives under the Delivering Better Government Programme. These include greater devolution of responsibility and accountability among line managers within departments, new approaches to Human Resource and Performance Management and improved financial management systems. At the heart of all this is the provision of quality customer services and ensuring taxpayers' monies are spent most effectively.
The time and effort being devoted to this process is considerable but well worthwhile. The FOI and the larger change programme require support, and not just from politicians or public servants within the system. It is also important that you who are influential outside public bodies inform yourselves and support worthwhile organisational change in the public service.
As Minister of State I have responsibility for significant aspects of public service reform, including bringing forward legislation to extend the remit of the Ombudsman. Can I say that I and my officials will work tirelessly to secure improvements in the public service through legislative and administrative reforms. But wider support from key constituencies beyond the public service is also important.
Freedom of Information has captured the imagination and interest of many influential groups in our society. This is well reflected by the numbers attending this conference and the speakers who will address the event today and tomorrow.
Can I ask you in the midst of this very worthwhile event to remember that ultimately FOI is not just about requests for information, or indeed the finer points of law. It is about deepening our democracy and improving the accountability and performance of our public service.
For these reasons I am delighted to come here today and to present the opening address at this conference.
Six months on from commencement of the Act for central Government, and on the eve of application of FOI into the Health and Local Authority sectors, the timing of the conference is perfect. Can I also acknowledge the superb work undertaken by UCC in the past in promoting FOI through conferences, research and publications. The cause of FOI has been well served by UCC.
I wish you all a challenging and interesting conference.
ENDS
The Law Department is grateful to the Department of Finance for
permission to
place this paper on this website.
The website of the Department of Finance FOI CPU is at
http://www.ucc.ie/ucc/depts/law/foi/conference/
http://www.irlgov.ie/finance/foi.htm