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 travel

Costs:

€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 travel

If added, totals are:
€4471.50 for Committee
€4180.71 for BIPA

My 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: € 1503.89

If 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.

Department of Finance expenses database 2001 to 2009

Powered by Socrata

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:

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 expenses 2005

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Continue reading “FAS expense claims 2005 to 2009”

Allowances for local council chairs' expenses

The expense allowances available to cathaoirleachs and leas cathaoirleachs (chair/mayor and deputy chair/mayor) of local councils are interesting to examine. Or at least would be if we could see them all in the one dataset.

Under the provisions of Section 143 the Local Government Act 2001 a local authority may pay an allowance to its chair and deputy chair for “reasonable” expenses. This means councillors vote on how much the council chair (also a councillor) gets for expenses, which are unvouched in the vast majority of cases and often untaxed. Of course that also means the allowances vary from one council to another.

Last week one New Ross Labour councillor, Bobby Dunphy, made a good case for changing this system. He proposed that mayoral expenses be reimbursed instead of awarded as a fixed amount. He told the News Ross Standard [paywalled link]…

All I was proposing was a system that would give greater openness and transparency. The only reason for opposing that would be that you did not want openness and transparency. For example, while the €8,000 is intended to cover anticipated expenses, in reality any expenses incurred can be and are claimed separately. The €8,000 is, in effect pocketed as a tax free salary. There is no scrutiny, no value for money analysis… Because it is public money we Councillors have a duty to oversee the proper disbursement of this money

It’s perhaps insightful to note that Dunbar couldn’t get another elected member to second his proposal. This meant he couldn’t speak from the floor to argue why such a change would be beneficial to the people of New Ross. According to the council website there is another Labour member on the council. Continue reading “Allowances for local council chairs' expenses”

Dempsey correspondence

I sought from the Department of Transport:

1) Any and all communications between the Department and the Minister (and vice versa) from January 4, 2010 to January 10, 2010, inclusive. This may take the form of emails or notes of phone calls, or any other form of communication.

I received a series of emails sent from his office (Veronica Scanlan) to the Minister’s personal email address. There is no evidence in the release that Mr Dempsey sent any email to the Department during the course of his holiday in Malta. The fact that he’s using a personal email account is in itself curious, especially in regard to what is, and is not, subject to the Act.



Contrary, I believe, to the Act, redactions have been applied to the documents without any stated exemption being used. Information contained in the released has been blacked out, without even an explanation. The Department also said no logs are kept of phonecalls, so none exist. This may revolve around the use of the word ‘logs’ as oppose to ‘itemised phonebills’ perhaps. I will be following this up at internal review.

So it seems we have this: The Minister’s secretary forwarded some emails, press releases, news articles to the Minister’s personal email address while he was on holidays. That would appear to be extent of the Minister keeping fully briefed on the situation.

Noel Dempsey and Malta

Readers will recall that back in January, when snow ground the country to a halt, our Minister for Transport Noel Dempsey was on holidays in Malta. Speaking later into the week of his holiday, Mr Dempsey claimed he was in constant communication with the Department. I submitted an FOI request for the following, on January 11, 2010.

1) Any and all communications between the Department and the Minister (and vice versa) from January 4, 2010 to January 10, 2010, inclusive. This may take the form of emails or notes of phone calls, or any other form of communication.

2) A log of all non-personal phonecalls made from the mobile phone of the Minister between January 4, 2010 and January 10, 2010, inclusive.

3) A log of all calls made to the mobile phone of the Minister from the Department between January 4, 2010 and January 10, 2010, inclusive.

4) The Minister’s diary between January 1, 2009 and December 31, 2009, inclusive.

5) The FOI requests log for the Department from January 1, 2008 to December 31, 2009, inclusive.

6) The ministerial portfolio given to the Minister upon his becoming Minister for Transport in June 2007.

Let me make one thing clear from here, before I outline the saga of getting this information. If I were a cynic I would speculate that there was political interference with this request. It is not unknown for this to happen with FOI requests.

I submitted the request on January 11. The Department, upon receipt, has 20 working days in which to make a decision and issue the records. This meant I could expect to receive a reply by late February, at the very latest.

On March 4, 2010, I emailed the FOI officer, asking as to the status of the request. I pointed out that the 20 day limit had passed, and that technically the request was now a deemed refusal, and I was now entitled to an internal review, though I did not invoke Section 42 (internal reviews can take 3 weeks). I received an out of office reply, and that the FOI officer would return on March 5. I waited.

On March 8, 2010, I again emailed the FOI officer, CCing another person in the Department. I again sought information on the status of the request. I received a reply that it was being checked. I received no further reply.

On March 16, 2010, I again emailed the FOI officer, seeking the status of my request. I received a reply that the Deciding Officer who was supposed to handle my request, was on leave. It was stated that the Department regretted the inconvenience. I received no further communication.

On March 24, 2010, I again emailed the FOI officer and the Deciding Officer, seeking the status of my request. I received no reply. Later that week I called the FOI officer, and sought again to have my request actioned. I was again promised that it would be issued. I waited.

On April 19, 2010, I emailed the FOI officer. 14 weeks had passed since my request was submitted. I informed the Department that if I did not receive a reply by the end of the week, I would be seeking an internal review under Section 42, due to deemed refusal. I received a reply, committing the Department to release by the end of the week, along with an apology for the delay.

I waited until the following Monday April 26, and had still not received a reply or the records in question. I therefore sought an internal review due to deemed refusal. I then received an email saying the documents had been posted.

By Wednesday April 28, I had not received documents by post, and therefore sought them electronically. I received them late in the day on April 28. However there are a number of issues with the issued documents, and the time elapsed, and I have now sought an internal review under Section 42.

15 weeks and 4 days from submission to release. That’s almost a full quarter of a year. The Department offered no explanation as to why it took so long to release. I will publish the documents I received shortly.

That sign-in thing

So some cheeky journalist has apparently sought details of how often Members of the Oireachtas actually go to work. It is expected to be released around now. One Member of the Seanad was not happy about this at all though. Senator Michael McCarthy (Labour) said [emphasis mine]:

There has been a huge chipping away at the terms and conditions of Deputies and Senators and at those of their colleagues on cash-strapped local authorities. After the introduction of the swiping system on 1 March, one would have imagined that journalists’ appetites regarding where Members are and what they are doing would have abated somewhat. However, a freedom of information request has been made, the response to which, incidentally, will cost the State money, as to how many people swiped and how often they swiped for a two-week period in March. Given the enormous economic difficulties faced by thousands of people, one would imagine that journalists’ time would be better spent in concentrating on the real issues.

Ah yes, the real issues. Down with those media types, trying to bring greater accountability to the parliament.

For my own purposes, I will be seeking the results of that FOI, writing a fresh one, and then possibly integrating attendance records into KildareStreet.com. I wonder what Mr McCarthy will think of that.

Terrible costly for the Oireachtas to click a few buttons, and export a spreadsheet, so it is. I do have another FOI in with them which has been extended by four weeks. More on that later in May.

FOI logs

I will be publishing all logs I receive in both PDF and spreadsheet format, where possible. For now I have two FOI logs, one for the Department of Health and the other for the Department of the Taoiseach. I will be adding to these in the future.

Department of the Taoiseach log 2006 to 2009 (spreadsheet)
Department of Health log 2007 to 2009 (spreadsheet)

There are many advantages to publishing logs, yet most bodies do not publish them. First it guides people as to what others request, which can help in drafting your own FOIs. Second it shows you what other people are asking for. Third it reduces duplication of requests, although strangely many Departments do not keep copies of releases, meaning further search and retrieval for documents that have already been released. I plan to FOI all logs for all the major Departments over the coming months, and later for all bodies. This will cover the period 1998 to 2009.