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

I move amendment No. 41:

In page 30, line 7, after "concerned," to insert the following:"and in such an instance the head will consider in consultation with the Minister publishing the requested information no later than six months after the request has been refused,".

This relates to refusal on administrative grounds to grant FOI requests, at section 15(1)(c) , where a refusal could be granted on the basis of an reasonable ask or something that would "cause a substantial and unreasonable interference with or disruption of work" to the particular functional area. It is reasonable to have such a provision in the legislation because I can imagine, perhaps in exceptional circumstances, a request would be made of a magnitude that would prove disruptive. That is fine.

I propose to insert with my amendment that "in such an instance the head will consider in consultation with the Minister publishing the requested information no later than six months after the request has been refused", in other words, rather than simply saying this is causing disruption and is unmanageable at this point and simply making a blanket refusal on that grounds, that there would be a capacity to return to the issue in different circumstances to see whether that information could be provided. Clearly it would involve a consultation between the head and the Minister. That is a more reasonable way to proceed. It is to take a necessary, but blunt, provision and add to it, merely in terms of the effectiveness of FOI.