Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

I am pleased the amendment is being withdrawn. I share the view that it does not contemplate the intention as set out earlier by the Minister. I have no doubt that the Parliamentary Counsel will find suitable language to clarify the matter. The Minister will not be surprised to hear me repeat that I am opposed to the imposition of any charge for freedom of information requests. He has conceded that the sum of money involved - namely, €15 plus the search and retrieval fees - is tokenistic. If one sets the money involved against the big mathematics relating to the State's finances, one will see that it does not even count as peanuts. However, for people - not just journalists but also ordinary citizens - who might seek information through FOI, a charge of any nature will act as a barrier. That is why the Minister, quite correctly and accurately, stated that the charging of a fee relates to demand management. Of course that is the case. I am of the view that this is wrong and that it runs contrary to his position of openness and of having open data and open government. As he is aware, these are all matters on which I am very happy to support him.

In addition to withdrawing amendment No. 33, it would be useful if the Minister also withdrew all of the other amendments relating to this matter and reconsidered the entire position prior to Report Stage. For example, he needs to re-examine the position regarding the upfront payment of 20% of search and retrieval fees in light of the considerable concern that exists. The Minister referred to media reports which referred to me as seeing an open goal and being over the moon at the opportunity to have a go at him. That is not what this is about; what we are seeking to do here is get the legislation right. The Minister threw his eyes up to heaven when Deputy Sean Fleming took him to task on the issue of fees. Why should the Minister not have done so, particularly when we know who did the damage to the FOI legislation? His job is to put the matter to rights and I am of the view that the elimination of any fee should be part and parcel of what he does. The argument to the effect that what is being done involves easing the economic burden on the citizens of the State simply does not stand up to scrutiny and I believe the Minister knows that. I do not know why he continues to repeat that argument because it is ludicrous.

I am glad amendment No. 33 is being withdrawn and I invite the Minister to withdraw all of the other amendments, which he tabled very late in the day, relating to fees.