Seanad debates
Thursday, 20 March 2003
Freedom of Information (Amendment) Bill 2003: Report and Final Stages.
10:30 am
Derek McDowell (Labour)
I second the amendment. We are seeking to delete the provision in the Bill which cuts off the line of appeal. Section 13(1A)(c) states that an application for a review or an appeal to the commissioner shall not lie in the event of certification by a Secretary General. This gives a Secretary General untrammelled discretion to determine that a deliberative process is ongoing. The granting of such a significant power to a Secretary General must, at the very least, be subject to review, which is what we seek to achieve by deleting this provision.
The Minister spoke about hypocrisy from the left. I have never criticised him exclusively on the basis of not taking advice from officials. While I have sought to use the advise of officials as a weapon to attack him when he makes bad decisions – decisions with which I disagree – I have never criticised him exclusively on the grounds of not following the advice of officials, nor would I.
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