Author: Gavin Sheridan
Taoiseach briefing papers 1998
As part of our look at Cabinet papers now available under Section 19 (3) (b) of the FOI Act, I sought some briefing papers for the Taoiseach for Cabinet meetings in April and May 1998. Some of the redactions refer directly to the Constitutional protection of Cabinet “discussion”. I will publish the schedule of redactions shortly. My favourite bits:
In the briefing papers for April 28, 1998, in reference to the plans for LUAS:
We are anxious to avoid discussion by Government of the proposal in the presence of the consultants lest it lead to a public perception that the consultants are driving the decision process.
Or discussion of the Copyright Amendment Bill:
The matter is urgent because it is an essential part of an arrangement between the Department of Enterprise Trade & Employment and the U.S. Trade Authorities, the object of which was to persuade the U.S. Authorities not to proceed with an infringement action against Ireland in the World Trade Organisation.
In briefing papers for May 12, 1998, in reference to proposed ESB price increases:
Despite the good performance, the ESB still wish to implement the third phase of a price increase which was part of the CCR agreement accepted by the previous Government. The Department are of the view that this is not warranted as it was based on projected profits of £31 m in 1998. Profits will be at least £160m this year without a price increase.
The set of released documents is here:
DDDA report
“Published” this afternoon, but still not up on the Department of Environment website. It doesn’t look much different to the leaked version of the report we published back in March.
I asked the Department to email me a copy. 13 attachments, some in Word format, some in PDF. So I stuck them altogether into one PDF, for your convenience:
Cabinet Agendas January to March 2000
As part of an ongoing process of publishing Cabinet related documents under the 10-year FOI (Section 19 (3) (b)) rule. These are the Cabinet Agendas for the period January to March 2000.
Oireachtas refusals
There has been a significant event in my ongoing quest to understand the full cost of the Oireachtas to the public. Another part of the request I mention below was refused, partly on the basis of Section 10 (1) (e), vexatious, frivolous or manifestly unreasonable (specifically the vexatious part), Section 27 (1) (a) and (b) Commercially Sensitive and even if Section 27 did not apply, the request would be considered voluminous in nature under Section 10 (1) (c).
I entirely disagree with this decision. My request sought:
A datadump of the entire Integra database insofar as such data relates to claimed expenses, from any Member or any member of staff.
A datadump of the entire Integra database insofar as such data relates to costs incurred by the Commission in the administration of Members’ activities.
A datadump of the entire Integra database since inception.
I have gone to great lengths over a period of some eight months to try and gain as full a picture as possible as to the expenses and costs incurred by Members of the Oireachtas. I have been entirely reasonable in my dealings with the Oireachtas. I have at all times acted in good faith, and sought to the maximum degree possible to facilitate the release of detailed information on how public money is spent by the Oireachtas.
I have spread out my requests over a number of months, and at greater expense per request, in order to assist the Oireachtas in the release of records. I have been refused two years of expense claims and had to appeal for internal review, costing another 75 euro, which while successful, does not lead to a refund under the Act. I have also sought to negotiate with the Oireachtas on the tabulation of costs incurred by Members (as distinct from just expenses claimed), and the calculation of the total cost per Member. My sincere efforts have proved fruitless, which has brought about a situation where my requests are considered vexatious.
I have at all times sought for the release of the records in question in digital form. In some cases this was agreed to, however not in the form which was requested. Since 2005, the Oireachtas has used a financial management system called Integra. Integra is built on Oracle software.
In order to demonstrate the nature of release, I will give one primary example.
Last year I sought all expense claims of members for the period 1997 to 2008. I was told this would be a voluminous request, but that I could vary it since 2005 to 2008 was held digitally. I sought this information in digital format, since logically, thinking perhaps naively that I would get spreadsheets. But instead of releasing spreadsheets, the Oireachtas released to me PDFs containing tables for each year. But the PDFs were not digital PDFs, they were scans of printouts of spreadsheets. But worse than that, given the degraded nature of the text, they actually appeared to be scans of photocopies of printouts of spreadsheets. There is a significant difference between emailing someone an XLS or CSV document and emailing them a PDF of scans of photocopies of printouts of spreadsheets. This requires much greater manual work on my part to convert degraded scanned images into functioning and correct spreadsheets.
2003 and 2004 (which became part of the 2005-2008 request) were released as scans but not in a table or spreadsheet format, as it predated the Integra system.
In the next request costing another 15 euro, 2002 and 2001 were refused on the grounds of a voluminous request, which I then appealed (readers should remember that between FOI submission, refusal, and appeal, it takes up to eight weeks). My appeal was successful, but no money is returned even where appeals are successful. 2002 and 2001 were released, but in paper format, not in tables (it predates tabulation too), and several inches thick.
In the next request, 2000 and 1999 were then sought, again costing 15 euro, and were also released, this time in digital format on PDFs, albeit degraded as might be expected for older documents.
Other factors are worth noting. 2005 to 2008 contains salary figures for members, but salary figures are not contained in 1999 to 2004 – these will be sought in another separate request. Also, in January it became clear that Members expenses do not fully cover the scope of the actual cost per Member. In many cases no expense claim will be involved, but the Oireachtas will directly pay for the activities of a Member (such as flights for Committee Travel). In order to arrive at a figure that accurately represents what a Member has incurred, we believe that expenses claims and costs incurred need to be combined, so a full picture can be drawn as to the totality of cost.
During communications with the Oireachtas however, a number of questions arose as to the accuracy of how our parliament was calculating this. In early January I was informed:
Costs incurred for foreign travel are paid directly by the Houses of the Oireachtas in some cases. Cost incurred and paid by the Member and refunded to the Member will be recorded as an expense paid to that Member. The costs paid by the Houses of the Oireachtas can include hotel bills, flights etc paid directly to the service providers for the entire delegation and are recorded on the system as a payment to that service provider. It is not always possible to allocate a cost per Member for foreign travel as members of delegations can attend for different durations etc. Records are maintained on each trip and payments are made through a number of systems eg Inter Parliamentary Union and British Irish Parliamentary Association from funding allocated for their programmes. It is a manual process to draw this information together when requested.
Fair enough, I said. This might involve me having to manually add costs incurred into expenses claimed, broken down by Member, but with a proviso that the Oireachtas itself had not tabulated in all cases the cost per Member. I then received a breakdown of costs incurred by Members for foreign travel, in PDFs. I wish to stress that all email exchanges were cordial and professional. I sought further clarification, using random examples from the information I had been given:
I just wanted to make sure my figures are correct, so if I may for example point to 2008 figures (open to correction!):
Expenses: Jim O’Keeffe
€2345.72 for Committee Travel (home and foreign)
€1147.81 for BIPA travel.
No expenses were claimed for IPA travelCosts:
€2,125.78 was incurred in relation to Committee Travel
€154.58, €274.54, €556.77, €354.60, €625.01, €735.55, €68.06 and €263.79 (Just over €3k in total) was incurred for BIPA travel
No costs were incurred for IPA travelIf added, totals are:
€4471.50 for Committee
€4180.71 for BIPAMy question is do these figures overlap? When I add expense figures to cost figures do I get an accurate figure as to the cost to the taxpayer?
The reply:
I wish to clarify that the data you use of costs for foreign travel per Member where quantifiable includes the expenses paid to members and therefore you would be double counting the costs if you add both figures. Please note that the example you use for Jim O’ Keeffe does not include one of the figures included in the committee travel expenses paid to the member in respect of the journey to Lithuania of €1063.27.
Again, fair enough. But I needed to understand properly where any overlap occurred, was expenses including in costs, or vice versa. They reply stated, my emphasis:
Just to clarify as stated that the cost of foreign travel includes expenses claimed by the member for each particular trip. The costs per member are paid on behalf of the Member to enable them to attend the relevant meeting as a representative of the Oireachtas and would cover the costs of attending that meeting. Just to note that salary and specified position allowances is the remuneration of the members and subject to tax. Other allowances and expenses are for expenses incurred under the categories provided in their role as public representatives.
And again, I was trying to get to the bottom of understanding how the system worked, in order to accurately reflect the position. I therefore created a spreadsheet, where I could compare costs to expenses. I replied:
The difficulty I am having is in reconciling the costs figures and the expenses figures. If expenses are a part of overall costs then I would logically assume that cost figures must be greater than or equal to expenses figures – but this is not the case.
For example in 2008 (Committee Travel, Home & Foreign):
Cuffe Ciaran, Expenses claimed: € 1758.27 Costs incurred: € 652.39
Fahey Frank, Expenses claimed: € 8720.22 Costs incurred: € 1804.93
Costello Joe, Expenses claimed: € 4110.53 Costs incurred: € 3621.9
Breen Pat, Expenses claimed: € 13664.44 Costs incurred: € 1503.89If expenses are included in costs, how can Ciaran Cuffe’s expenses be greater than his costs?
There are examples where cost figures are equal to expenses figures such as:
Fleming Sean, Expenses claimed € 247.12 Costs incurred € 247.12
Am I missing something? Perhaps I am missing “Home” Travel costs?
I have studied the explanatory document but it does not seem to account for these variances.
In fairness to the FOI officer in question, she did seek to answer my questions but was unable to take the issue any further. She did however pass me on to the Press Office, with whom I entered I dialogue in order to try and reach clarity on the overall picture, so that I could be as fair as possible to the Houses and to the Members, when publishing combined expenses and costs data. And I did wait, another two months, in the hope that some arrangement could be reached to correct any discrepancy, to reach an agreement on release or calculation of total costs and expenses. And again, in fairness, the Press Office acted in good faith, and two months later they told me:
the system of accounts operated here is a financial accounting system rather than a financial information retrieval system and thus doesn’t provide the information in a way in which is easily accessible. I understand fully your difficulties however there is little more that we can do to assist.
And I must again emphasise, the tone was always professional and I felt that the office was acting in very good faith, and at no stage was I treated in anything other than a friendly and professional manner. But it sill left me in a position where I had an inordinate amount of poor quality data, either on PDFs or on paper, where the sheer scale of scanning, OCRing, tabulating, correcting, calculating and combining hundreds of pages of data would take several months to complete.
All this, while knowing that for the period 2005 to 2009, all of this data is held on an Oracle database, that can export to spreadsheets in seconds. To that end, I sought a copy of the database, and since the database included not just the claims and costs of Members, but of the entire staff of the Oireachtas, I sought that also. The database would also contain the expenditure of the Oireachtas, in almost any capacity, which I also felt would help the public to understand and inspect how money is spent by the Oireachtas (in 2009 the Oireachtas cost about 125m to run, yet we have little idea as to the detail of this expenditure). I believe how the Oireachtas spends money should be open to public scrutiny.
If there is one body in the State that must be transparent, it is our houses of parliament. And instead of spending tens of thousands of euros of public money on High Definition videos of Members telling us why the Oireachtas is important, the Oireachtas might be better served by opening up its data to public scrutiny. It is, afterall, our data.
And in the strange world of FOI – due to my asking, in different ways, for what the Oireachtas considers to be the same information, I am now told that my request is vexatious. It is frankly mind boggling in its supposed logic.
I will be appealing this decision (another 75 euro), and will publish the appeal letter here. If that decision is refused, I will be appealing to the Information Commissioner (another 150 euro).
This will take at least another two months – pushing a year since I started this process.
Oireachtas FOI logs 2004 to 2010
As part of an ongoing process I am seeking the logs of FOI request to all public bodies. I sought and have received the logs of the Houses of the Oireachtas from 2004 to 2010. The spreadsheets includes some of my own requests. There are three sheets, which had to be split for column header reasons – 2004-2008, 2009, and 2010.
Department of Finance expenses 2001 to 2009
As part of a broader set of requests for expenses, and other, databases I sought the expenses database (CoreExpense) of the Department of Finance since its inception. The total amount of claims in that time period (the earliest date being 2001) was €3.48 million in 39,241 rows. Some fields of the database were removed due to Section 28 Personal Information exemptions, which on the face of it appear to be entirely reasonable.
I don’t have a staff count number for the DoF but the number of claims appears relatively small. Other costs may have been directly incurred by the Department, rather than claimed by staff.
I’ve also pivoted the totals:
Ride Sally, Ride
We love archives, and thanks to Anthony over at publicinquiry.eu, we have got our hands on some old newspapers. ‘Thar be gold in dem der hills. This nugget is from the Irish Independent weekender, November 27, 1993. There are a number of funny elements to it.
First up is the mention of ‘Brian Cowan’ who is often the victim of misspellings (it happens to the best of us). Angela Phelan, writing about the Fianna Fail party that week at the Burlington notes:
But Taoiseach, look out for young Minister Brian Cowan. To the strains of Help Me Make It Through The Night and Ride. Sally Ride, Brian displayed divine dexterity on the dance floor and undoubtedly knows that politics is as much about rock ‘n roll as anything else.
I can see it now.
There was huge applause and shouts of “fix” when Paddy Connellan, one of the Reynolds’ best friends from Longford, won the trip for two to Barbados.
Yes, Albert would know about trips to the Caribbean, too. Ahem.
Of course there were others at this 1993 Fianna Fail shindig:
Among the biz bods at the party were beef baron Pascal Phelan, hotelier Sean McEniff. property developer Bernard McNamara, airline operator PJ McGoldrick, Smurfits supremo Paddy Wright. . . and on it goes.
Clearly Bernard has seen better days.
Alas though:
As for the other giant, ‘Where’s Charlie has now become a kind of Where’s Waldo contest. I didn’t see a Haughey anywhere in the hall.
FAS expense claims 2005 to 2009
These datasets are too large for Google Spreadsheets so I am using Socrata. They contain the expense claims of all FAS staff, broken down by name and amount for the years 2005 to 2009. The total amount claimed via expenses was €24.7 million. I am presenting the data ‘as is’, and draw no conclusion on the validity, or otherwise, of any claim – this is a copy of what FAS has, and I believe this type of information should be online as a matter of course.
Please note: you can download the datasets themselves by clicking on ‘menu’ and ‘download dataset’ and choose which format you would like. I recommend CSV or XLS.
2005:
FAS bulletin board and expenses
Some time ago I sent an FOI request to FAS seeking the following:
1) All briefing documents related to the appearance by FAS staff, or their representatives, at the Public Accounts Committee hearings of February 2010.
2) A ‘datadump’ (MySQL export) of the entirety of the internal PHP bulletin board located at this address:
http://intra.fasoffice.com/phpbb/3) A screengrab of the entire thread at http://intra.fasoffice.com/phpbb/viewtopic.php?t=11270. This will likely be in .jpeg format, or multiple jpegs, depending on the length of the thread.
4) A ‘datadump’ of the entirety of the Agency’s CORE database inasmuch as such data relates to expenses claimed.
I received 1) some time ago, and it contained documents I already had. Part 2 relates to earlier posts, where we identified the existence of an internal bulletin board due to referral traffic from it, to this blog. Senator Shane Ross wrote about this a while back, where apparently we tried to “gain access”. We did not try anything as underhand as attempting to hack into FAS – but we did then seek the bulletin board via the FOI Act. Parts 2 and 3 have been refused under Section 10 (1) (e), as a frivolous or vexatious request. We believe this is without merit, and will be appealing.
According to Mr Ross:
FAS house rules decreed that the internet-based board should not be the target of “abusive, sexually-oriented, obscene, illegal, defamatory, hateful, or harassing items that invade people’s privacy”.
It seems that tensions had been running so high at FAS that the rules were being breached by the bucketful. Staff morale has plunged after the barrage of revelations at the agency. The internet board had become a treasure trove for messages of abuse.
Some senior staff recognised themselves in some of the anonymous messages, even if they were not named. They freaked out and made formal complaints.
At least one fun-loving outsider tried to break into the staff intranet board. According to FAS, “an external internet blog posted the internal address of the bulletin board pages and sought access”. FAS proudly declares that it became aware of the attempted breach and stopped the rot.
An all-time first for FAS.
Sources at FAS say the site was used as a tool to snipe at those who had been promoted and was an outlet for jealousies.
The suggestion box was originally meant as a place where employees could post constructive proposals. So the bulletin board had, er . . . plenty of potential.
Now the staff will be unable to comment on last week’s revelations that the €7.8m spent on the now-abandoned space programme in Florida had no tangible benefits for any trainees. The top staff alone enjoyed first-class travel.
Staff who want to reveal any more FAS secrets can always write anonymously to the Sunday Independent business pages. They’ve been doing it for years.
The rationale for refusal is, in my opinion, without foundation. This is the rationale given by the Deciding Officer:
I have considered this section and its application in great detail as this section is not one to be considered or applied lightly. My view is that this request has been made in order to undermine the work of FÁS and its staff and to add fuel to the ongoing media attention that FÁS have found itself in. It is reasonable to expect that FÁS staff have many views on the events that have taken place and it is also reasonable that FÁS staff should have some facility in which to air their views. This facility is the FÁS bulletin board. I do not consider it is unreasonable that such a facility be in place. Staff should be able to use this facility to express those views. The bulletin board is a very important communications tool for colleagues to assist each other with queries of a work nature in an informal environment. It provides instant access to answers that might otherwise take time, all done in an effort to provide an efficient and effective service to FÁS clients. Questions are raised and answered informally as this is the purpose of the bulletin board. It is also a communications tool for colleagues to debate issues among each other, work related and otherwise.
My opinion is that this request has not been made with the best interests of the public at heart. The rights provided by the FOI Act must not be abused by public bodies and in turn must not be abused by members of the public. I am satisfied that the request amounts to an abuse of the right of access and that it is made for a purpose other than to obtain access. In my opinion, all internal staff bulletin boards will cease to exist if it is widely known that they are available under the FOI act, an act that was set up to ensure transparency in public bodies relating to official information. I do not consider that it is necessary to show transparency in this area as the information cannot be deemed ‘official information’. There is no public interest in releasing this bulletin board. I do understand that the bulletin board might be ‘of interest’ to the public but there is a clear distinction between ‘of interest’ to the public and ‘in the public interest’ and it is very important not to confuse the two. In my opinion there is no public interest in the release of comments attributed to FÁS staff in relation to a variety of topics other than a general curiosity. The release of the comments would not assist the public in their understanding of the processes of government in any way.
The release and publication of the FÁS bulletin board would have many effects, that is to undermine the staff of the public body, to cause undue attention to FÁS and to highlight FÁS in a negative way for the amusement or entertainment of others. None of this is consistent with the ‘spirit’ of the FOI Act. I am therefore of the firm belief that this request is frivolous and vexatious.
I am also applying Section 28 1 (a) Personal Information. Personal information is defined in the act as information about an identifiable individual that—
( a ) would, in the ordinary course of events, be known only to the individual or members of the family, or friends, of the individual, or
( b ) is held by a public body on the understanding that it would be treated by it as confidential,I consider that entries to the FÁS bulletin board are personal to the staff of FÁS. This is not a bulletin board that is available on the internet. It is an informal communications tool with limited circulation to the staff of FÁS. All staff understood that a limited number of people read the bulletin board and that people in the same public body, i.e. FÁS, read the bulletin board. Staff are of the understanding that only colleagues are among the people entitled to view the entries. I consider that Section 28 1 (a) can include colleagues due to the informal nature of the bulletin board. In my view Section 28 1 (b) also applies as staff would have understood when using the bulletin board, that FÁS would treat the bulletin board and its content as confidential information on their behalf. They understood that FÁS would not release their name to other bulletin board authors or to management. They understood that they had to abide by the FÁS policy on bulletin board usage. At no stage did they envisage that their comments would be circulated in the wider public domain.
I’m unsure as to how a bulletin board that is reported to be anonymous can contain personal information. The Section 10 (1) (e) exemption is very rarely used, and in this case I believe poorly executed. I will write as to why in a future post. The Deciding Officer is making a number of charges against myself and about my motives in seeking the bulletin board. I refute deny entirely the accusations made. In no way am I ‘abusing’ the FOI Act. I will draft an appeal, and publish it here shortly.
In relation to the databases of expenses, FAS have released expense claims covering the years 2005, 2006, 2007, 2008 and 2009, totaling €24.7 million, in over 200,000 rows. I will publish these in the next post.