Oireachtas Joint and Select Committees
Wednesday, 5 June 2013
Joint Oireachtas Committee on Finance, Public Expenditure and Reform
Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner
12:15 pm
Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source
I had a quick read of the report. Page 1 has an appendix of all Government Departments. I counted approximately 100 items in those Schedules to be included. Ms O'Reilly agrees with the Department's recommendation to exclude 48 items and disagreed with it on 52 items. It is a 50-50 split. The Chairman referred to a 36-50 split. The only point at issue today are the 52 cases on which Ms O'Reilly disagrees with the Department. She agrees with those in the Schedule and those included by the Department. She also agrees with those which the Department said should be excluded.
The only matter at issue is where Ms O'Reilly disagrees with the Department trying to exclude them. The issue is complicated. A Schedule on page 34 may not be relevant. I referred to the Department of Health because it is a prominent Department. I will refer to some cases and ask for Ms O'Reilly's observations. She might comment on cases where she disagrees with the Department, such as the Dentists Act 1985, the Nurses Act 1985, the official control of foodstuffs regulation and section 30 of the Health Act 2004. She may not have the details of those cases, but I ask her to give us a flavour of why the Department does not want them included. That is the nub of our discussion.
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