The House will be aware that the Freedom of Information Act 1997 was enacted for good reasons. I raise this matter today because I am concerned at reports that the Government wants to amend this legislation in a way that would amount to a denial of the right of access, the right of transparency and the right of accountability to the people in respect of Government papers after 1998, which would coincide with the period of office of the Taoiseach's first term as Taoiseach. It is fair to say that the Act has been a major success and has added to the transparency and accountability, both of Departments and of Government. Today's reports suggest that the Government intends to amend this in a way that will make it not as accountable as it should be in the people's interest, given that the Act was passed by the entire House. I would ask the Taoiseach whether it is his intention to proceed in this manner and if he will confirm the truth or otherwise of the reports contained in today's newspapers.

Arising from the recommendations of the high level group on the operation of the Freedom of Information Act, the Government has instructed the Minister for Finance to prepare amending legislation to give effect to the group's recommendations and to provide for related matters which have arisen since the enactment of the original legislation. There is also the report of the commissioner who has had the job for the past five years of overseeing cases of dispute and other aspects which the commissioner believes would assist the legislation. The Department of Finance is preparing that draft legislation, which the Minister will bring to Government for approval in due course. Until the Government has approved the heads of a draft Bill, I cannot comment on any provisions which may or may not be included. There is speculation but at this stage it remains speculation.

The high level commission was not made up of Ministers but of officials who had the job of operating the Act for the past five years. The legislation will come before the House in due course, when everybody will have an opportunity to debate it.

We will oppose any proposal to amend the Act in a way that would restrict the right of the public to such information. While the Act may have been written by civil servants, it is up to the Government to implement it. It is not a matter for the Department of Finance. It appears from newspaper reports that applicants for information under the Act are treated differently, according to whether they are members of the media or the public. The Act specifically provides that the head of the information section in a Department must disregard the source of the application for information. In other words, there must be no discrimination in how it is treated. It is a breach of the law by Departments if they are restrictive in the way they provide information.

Will the Taoiseach confirm that there will be no change in the five year rule which, under the Act, came into force in April 1998? The section the Taoiseach referred to in respect of the commissioner has not yet come into force. If this does not happen and the Government proceeds to amend the Act, the public will see it as nothing short of a cover up.

The legislation will come forward in due course. It was always intended that there would be a review of the Freedom of Information Act after five years, when there would be an opportunity to examine its implementation. The suggestions from the information commissioner and some of the people who have worked on this will improve the Act.

With regard to changing the 30 year rule to five years, we will have to wait and see what is proposed. My view on the matter is clear and on the record. I believe changing the rule from 30 years to five years is too much.

It is too transparent.

It is not a matter of accountability or transparency. Changing from 30 years to five years would not be a good idea. I have outlined my views in that regard but I will have a further opportunity to do so. I cannot recall what the high level group stated in its report but that will come to light in due course.

With regard to the process, the issue of who makes the freedom of information request is not taken into account. An independent official in each Department deals with the applications and the matter does not go near the political system. I do not believe a request should be treated differently because of where it originates.