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Introduction of Freedom of Information Legislation
World-wide
The concept of access to information by the general populace is not altogether new. Sweden has had a Freedom of the Press Act since 1766 while other Scandinavian countries have provided various levels of access to official information for over a century.
However, it is only over the past 40 years that the concept has developed globally. The United States of America introduced a Freedom of Information (FOI) Act in 1966, the Netherlands in 1978, France allowed access to administrative documents in 1978 while Canada, Australia and New Zealand introduced FOI Acts in 1982. The Irish FOI Act became law 1997. Since then freedom of information legislation has been introduced in eastern European countries, parts of Africa and the Caribbean and in the United Kingdom and Scotland.
In Ireland
Prior to the introduction of the Freedom of Information Act in Ireland in 1997, the Irish public service was dominated by a culture of secrecy. The Official Secrets Act, 1963 provided that all official information was secret unless its publication was specifically authorised. Complete control of information lay with the public body: it decided what information should be made available, when, to whom and under what conditions. Then, as now, there were occasions when secrecy was justified. However, in withholding or not acknowledging the existence of particular information, the general public was not in a position to know if self interest rather than the public interest lay behind the decision of a public body or its staff.
The impetus for a change of approach to official information came from two distinct directions, external and internal. In the mid-1980's, lobby groups such as "Let in the Light" as well as individual politicians and political parties began to campaign for freedom of information legislation. The calls for legislation in this area were given extra edge by practices revealed as a result of the Beef Tribunal in the early-1990's which raised questions about accountability in the public service.
At the same time, major reforms of the civil service were underway as part of what is now known as the Public Service Modernisation Programme. Access to information was seen as being central to giving a quality service, both in terms of customer-service as well as ensuring transparency and accountability. To this end, there was an impetus from within the civil service to remove the culture of secrecy, and to make providing information to the general public on his or her official activities, part and parcel of the job of a civil servant.
The Programme for Partnership Government in 1993, agreed between Fianna Fáil and Labour, was committed to "considering the introduction of freedom of information legislation". A change of Government took place in 1994. Following an extensive consultation process which drew on submissions from interested parties, discussions with public bodies affected as well as the experiences of overseas legislators in this area, the coalition government of Fine Gael, Labour and the Democratic Left introduced the Freedom of Information Act in 1997.
