Brendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 65:

In page 49, to delete lines 24 to 29 and substitute the following:

"(b) endanger the life or safety of any person, or
(c) facilitate the commission of an offence.".

The existing section 32(1)(c) and section 42(l) both deal with the protection of records disclosing the identity of a person who provided information to an FOI body but section 32 references the administration of civil law and section 42 references criminal law. The provisions of those two sections are being merged into section 42(l) in amendment No. 74 while section 32(1)(c) is being deleted. The first part of amendment No. 74 merely provides for an amendment to the FOI Act 1997, which exempts from FOI certain papers within the meaning of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, in lines which are proposed for deletion in section 32. In amendment No. 65 the lines are being amalgamated with the text of section 42 in amendment No. 74. The reason for this is that the protections currently afforded under section 32 are such that records might lead to the revelation or an identity of a person who has given information in confidence to an FOI body in respect of the administration and enforcement of the civil law and that may be refused. There is a similar provision in section 42 which provides that the FOI does not apply to records which might lead to the revelation or the identity of a person who has given information in confidence to an FOI body in respect of the administration and enforcement of criminal law.