Author: Gavin Sheridan

Information Commissioner orders release of IDA data

Here at thestory.ie we appeal lots of decisions of public authorities to the Information Commissioner. Of course the one that has taken the longest is our appeal against NAMA and Anglo Irish Bank in relation to environmental information (via AIE not FOI). We are awaiting judgment from the High Court in relation to that appeal.

However many of these appeals often result in what are known as ‘settlements’. These are situations where the OIC acts as a neutral arbiter, and the requester and public authority come to an agreement on the release of information.

But in situations where no agreement can be reached, the OIC must make a formal decision, about who is right and who is wrong with regards to exemptions being applied to information releases. On this occasion no agreement could be reached, as the IDA insisted that they were not in a position to release the information I had requested.

Following a series of submissions, and again with the help of Fred Logue, the Information Commissioner has ordered the IDA to release data I had requested. This process in total cost €240 (a figure we should be ashamed of, as one of the only countries in the world that charges for this type of process). It also took a large amount of time – I sent this request for information in January 2011.

The issue of the release centred mainly on Section 28 – Personal Information. This is one of the most oft used exemptions in Irish FOI and is often misapplied by public authorities (indeed I have just submitted another appeal to the OIC which again centres on Section 28). The long and short of it was this: I wanted to know who leased property to the IDA. I was given some names and the names of some companies, but not all names. The IDA decided that releasing the names of individuals who lease property to the IDA would be a breach of their privacy rights and that the public interest would not be served by their release.

We disagreed and argued strongly that this was wrong on a number of levels. In their preliminary view several months ago, the OIC agreed with the IDA that the information was potentially personal. After 2 years and lengthy submissions, the OIC has agreed with our position, insisting that:

“…whilst I empathise with the affected third parties in relation to any concems they might have over their personal safety in particular, I consider that the public interest in optimising openness and transparency in relation to the use of public funds outweighs, on balance, the public interest in protecting the right to privacy of the individuals in question.”

Here is the decision in full and the submission we made in relation to it. For those of you who have Section 28 applied to your requests, it is worth reading in full. We will publish the data released as soon as we have it.



This was our submission to the OIC:

Continue reading “Information Commissioner orders release of IDA data”

Ivan Yates bankruptcy documents

There are the bankruptcy documents of former Minister and broadcaster Ivan Yates. He is one of many who have gone to the UK to avail of a more lenient bankruptcy regime there.

The documents were released in full to the Sunday Times, who made them available to thestory.ie. I have removed some information that I would deem to be not relevant, including bank account numbers, national insurance numbers, mobile numbers, email and a car registration number.



Department of Taoiseach contracts in relation to EU presidency

There are the contracts awarded by the Department of the Taoiseach as a direct result of the planning and administration of Ireland’s Presidency of the EU 2013. Costs include the website http://www.eu2013.ie/, which cost €244,741.71.

Thanks to Vinnie O’Dowd for obtaining the data.

Another bailout letter released

Daniel McConnell in the Sunday Independent today writes about a letter released this week to thestory.ie. This came after an appeals process initiated in May, and now with the Office of the Information Commissioner. This is the full text of the letter released.

Thestory.ie currently has appeals with the Irish Information Commissioner and the European Ombudsman in relation to letters exchanged between the ECB and the Department of Finance in the weeks around the bailout in 2010.



Cabinet agendas January to July 2002

The little used 10-year rule again (Section 19 of the FOI Act). This time the Cabinet agendas for Cabinet meeting for the first half of 2002. The documents outline what was on the agenda for meetings, including memoranda for government submitted, aide memoires, appointments, grants to industry and more. All of the listed documents are also likely obtainable in future FOIs.

Before the FOI Act these documents would generally only become available after 30 years, at the National Archives.



Department of Finance releases Wright review panel documents

The Department of Finance has released documents related to the Wright Panel. The Panel was established by Minister for Finance Brian Lenihan on 10 September, 2010, to examine the Department of Finance’s performance over the previous ten years and advise how the Department “might adapt to meet the challenges of the future”.

Tom Lyons, the deputy business editor of the Sunday Independent obtained the documents after a two year appeals process with the Information Commissioner, after Finance refused access citing Section 26 and 21 of the FOI Act. The Commissioner found in favour of release.

Of the more notable things in the documents is former Central Bank chief John Hurley referring to the decision by officials to guarantee the banks as ‘heroic’:


And as Tom Lyons notes:

Despite long interviews with Brian Lenihan, the former Minister for Finance, and Brian Cowen, the former Taoiseach, the department said it had no records of what they thought. The department also claimed it had no record of what Kevin Cardiff, its then secretary general who was in charge of banking during the boom, thought.

Here is the release in full:



This is the decision of the Information Commissioner:



That Ugandan report on misappropriation of Irish aid

This is the report of the Ugandan Auditor General into the Office of the Ugandan Prime Minister. Ireland has suspended aid to Uganda in light of the scandal around an alleged fraud, reported to involve €12 million in aid last year from four countries: Norway, Sweden, Denmark and Ireland.



Bertie Ahern's Cabinet briefing papers June/July 2002

Part of an ongoing process. These are the Cabinet briefing papers for then Taoiseach Bertie Ahern for June and July 2002. It covers issues such as FOI reform, Nice 2 and the IFI.

In relation to the benchmarking process in 2002, I thought this particular passage particularly interesting, as to how governments try to manage the message:


And in relation to the Sheedy Affair:


And in relation to proposed FOI reform, a subject this blog is focussed on:


Here are the notes in full:



Public money and Ahern's briefing note on Nice 2 referendum planning

In light of the Supreme Court decision surrounding information provided by the Department of Children to people via a website and a booklet funded by the taxpayer. “Public funding should not be used in a referendum to espouse a particular point of view” the judges noted. The Supreme Court said “extensive passages in the booklet and on the website” did not conform to the McKenna principles.

But is this the first time? We all remember booklets and websites used in other referendum campaigns, particularly Lisbon 2, when the Department of Foreign Affairs released white papers and booklets, sent to every house in the country using public money.

Cast your mind back to 2002. The second Nice referendum is being proposed and then Taoiseach Bertie Ahern attended a Cabinet meeting on July 10. With him were his briefing papers for the meeting, details of which were released to me by the Department of the Taoiseach through FOI, under the 10 year rule. In the context of the Supreme Court judgment and of how public money is spent this is very interesting:


The most interesting bit:

The M/FA intends to launch the White Paper as soon as possible. The current intention is to circulate the summary Information Guide to households in early September, possibly to coincide with the Oireachtas Debate on the Referendum Bill. A circulation in advance of this date would likely not achieve the desired impact. There appears to be no reason, however, why the Information Guide could not be placed on the ‘Nice Treaty’ page of the Department of Foreign Affairs website in advance of the general circulation in September.

What exactly is the “desired impact”? A ‘Yes’ vote one would assume. But is this not circumventing the McKenna principles? This was done on top of, and in addition to any work by the Referendum Commission, which was established just the day before.

So the Government was tactically sending an Information Guide to households at a certain time for maximum impact, and was planning that just the day after the Referendum Commission for Nice 2 was established. Could it be said that this type of booklet was also a case of public money being used to espouse a particular point of view?