Seanad debates

Thursday, 20 March 2003

Freedom of Information (Amendment) Bill 2003: Report and Final Stages.

 

10:30 am

Kathleen O'Meara (Labour)

I second the amendment which I agree with and support my colleague's comments. It is one of many which get to the heart not only of the legislation but also what appears to be the ambition of the Administration to change the operation of the Freedom of Information Act 1997 and narrow and cut back severely on the level of information available publicly, specifically on Government decisions. We know that this was an important issue in the debates on the 1997 legislation and one of the core issues of the legislation when being drafted to establish strongly the principle of open government. The 1997 legislation worked hard to create the necessary balance between the need for Government to have a level of confidentiality and secrecy around its decision making process and the need to avoid clouding the operation of government in a blanket of secrecy, which would be the effect of the amending legislation. Our amendment is designed to ensure the principle of openness in the original legislation is maintained to the best possible degree. The balance contained in the principal Act is the right one.

I asked the Minister on Second and Committee Stages to point to one example where the provisions of the 1997 legislation had caused a problem, not just political embarrassment. Where has the framework of the Act governing the openness surrounding Cabinet decisions or information to Cabinet that informs its decisions generated a problem? If the Bill is designed to close off the possibility of political embarrassment, we will know the ambition of the Government. I would like to hear the motivation for the provisions in the amending legislation in this respect.

I listened to the Minister's replies to earlier amendments. In the light of the comments of the Joint Committee on Finance and the Public Service following its deliberations on the proposals and the report of the Information Commissioner, will the Minister inform the House if he intends to take on board the committee's deliberations? It is important to know if the Government intends to table amendments in the Dáil. The Minister's negative responses so far to Report Stage amendments in this House indicate that his thinking has not changed and that he is not prepared to change his mind on the Bill, as published. What is his thinking? Will he bring amendments forward in the Dáil?

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