FOI UnitHouses of the Oireachtas CommissionKildare StreetDublin 2October 17, 2009

Appeal under the Freedom of Information Acts 1997 and 2003

Dear Sir/Madam,In accordance with the above mentioned Acts, I wish to appeal the decision to reject parts 1) and 2) of my request. My request sought:

1) A complete breakdown of all expenses claimed by TDsbroken down by TD for the following calendar years: 2002, 20012) A complete breakdown of all expenses claimed by Senatorsbroken down by Senator and by thefollowing calendar years: 2002, 2001

My requestwas rejected on the basis of Section 10 (1) (c) of the Act, that:"in the opinion of the head, granting the request would, by reason of the number or nature of therecords concerned or the nature of the information concerned, require the retrieval and examination of such number of records or an examination of such kind of the records concerned as to cause asubstantial and unreasonable interference with or disruption of the other work of the public bodyconcerned".This rejection is without merit.My request is limited in scope to two calendar years. The quality of the information I am seeking isrelatively poor, given that the data is tabulated under very broad headings. The quantity of informationsought is also relatively small. No receipts exist or are sought for this request.The information sought contains information relating to the spending of taxpayer monies. There is anoverwhelming public interest in the administration and spending of expenses and allowances bypoliticians. A complete record of expenditure would go some way towards creating a more transparentsystem.It goes to the heart of all democratic values including, openness, accountability and transparency of dealings. There is a significant public interest in knowing exactly where taxpayer funds have beenspent and by whom.InDeely v. Information Commissioner [2001] 3 I.R. 439Justice McKechnie said "that, subject tocertain specific and defined exceptions, the rights so conferred on members of the public and their exercise should be as extensive as possible, this viewed, in the context of and in a way to positivelyfurther the aims, principles and policies underpinning this statute, subject and subject only tonecessary restrictions. It is on any view, a piece of legislation independent in existence, forceful in itsaim and liberal in outlook and philosophy."InSheedy v. The Information Commissioner [2005] 2 I.R. 272Mr Justice Fennelly said, "The passingof the Freedom of Information Act 1997 constituted a legislative development of major importance. Byit, the Oireachtas took a considered and deliberate step which dramatically alters the administrativeassumptions and culture of centuries. It replaces the presumption of secrecy with one of openness. Itis designed to open up the workings of government and administration to scrutiny. It is not designedsimply to satisfy the appetite of the media for stories. It is for the benefit of every citizen. It lets light in