Local FOI concerns in Louth
Deputy Munster raised alleged local government handling of FOI requests and councillor motions in Drogheda, asking what safeguards exist if breaches occur. The Tánaiste said the FOI framework is comprehensive, defended limited central intervention, and said FOI should be respected.
Last May, the CEO of Louth County Council disallowed a motion put forward by councillors around rescinding the freedom of Drogheda from Br. Edmund Garvey, a man who devised the legal strategy designed to frustrate the efforts of child sex abuse victims in achieving justice. "The Michael Reade Show" on LMFM radio submitted several freedom of information requests and appeals seeking information on the situation and was furnished with just five documents.
After a ruling by the Information Commissioner, a new search discovered 892 emails, the existence of which had been initially denied. Victims have concerns that the chief executive has breached the Local Government Act-----
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-----and that the council has broken the Freedom of Information Act.
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Sorry, Deputy, you cannot come in and make accusations against somebody outside the House who is not in a position to defend herself. You cannot do that here.
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Let me rephrase it so, a Cheann Comhairle. If there were concerns that there were any breaches of the FOI Act or the Local Government Act, would the Tánaiste have serious concerns about those breaches, and what would the Government actually do? Would it look at reforming the FOI Act, or indeed what safeguards exist when local authorities breach them? Is that a matter he takes seriously and what would he do about it?
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The freedom of information legislative framework is a very comprehensive one. It allows for appeals in respect of decisions to refuse information. We have always supported the fullest co-operation at all levels of Government with requests for information. Government does not intervene in local authorities all of the time because, if it did, the Deputy and others would be the very first people to say we were interfering in the work of local authorities.
I am not clear how a CEO can disallow a councillor's motion. That is how the Deputy has presented it. I do not know if that is the full story. I would find it difficult to comprehend where a democratically elected representative proposed a motion, unless it is ultra vires, contravenes the law or whatever. I do not know on what basis or grounds a motion was disallowed.
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I can say that in my early time as a councillor, I was refused an FOI for two years with regard to a dump that I wanted closed. I eventually got the information and I then realised why I did not get it two years earlier. Now it is an amenity park, and a wonderful amenity park for the area. FOI has its role, and we want to see it adhered to.