Michael McGrath

The review, announced in June 2021, is at “an advanced stage” but will not be completed this year, public expenditure and reform minister Michael McGrath said yesterday.

Information gathering work since September 2021 included a public consultation on the scope of the review, a customer satisfaction survey, as well as a further public consultation based on themes identified in the scoping phase. Almost 2,400 responses were received between the three consultations.

Alongside this work, the department has looked at international comparisons and analysed statistics on the operation of the FOI system to inform the review.

Mr McGrath said: “The review of the Freedom of Information Act has been an open and collaborative process, taking in the views of a wide range of stakeholders, both in terms of scope and substance.

“The review is now at an advanced stage, however given the breadth and complexity of the issues involved will not be concluded until early 2023.

“However, I am pleased to report that a thorough and careful information-gathering process has been concluded, with preliminary findings and recommendations currently under active consideration with a view to finalising the review report in the new year.”

The government has also published an update for stakeholders which gives “an outline of the high level themes under consideration and the general direction of travel of the review”, he said.

The department will continue its engagement with key stakeholders as it aims to finalise its conclusions and recommendations.

Final findings and recommendations in the form of a draft review report will be brought to the minister for consideration in early 2023 and the final report will be presented to government for approval and publication in Q1 2023.

If required, amending legislation will then be tabled and an implementation process will commence.

“This review has provided an opportunity to further enhance the principle of transparency in public administration by looking closely at the FOI system to see what is working well and what might be improved,” Mr McGrath said.

“In my view, the goal for FOI into the future should be not only to ensure that the request mechanism is robust, but also to move in a direction whereby we reduce the need for more FOI requests.

“This would mean that by default we publish more information and that we enhance an open and transparent approach within the public sector in doing its work on a daily basis, in order to reduce the need for the public to formally apply under FOI to access records that should be published or routinely made available in the normal course of events.”