Oireachtas Joint and Select Committees

Wednesday, 13 November 2013

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform

Freedom of Information Bill 2013: Committee Stage (Resumed)

5:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

Deputy McDonald is correct in recognising that there will be circumstances where a request would be so burdensome that it is legitimately refused. I am of the view that if the processing of such a request is likely to cause substantial and unreasonable interference with the work of the body concerned, then it is correct that such a refusal be made. The Deputy has acknowledged that. If the FOI officer of the body is of the view that processing the request would cause substantial and unreasonable interference and disruption to its work, that would be the case six months hence as well.

Another concern I would have is that if somebody makes a request and it is viewed by the information officer of the body concerned that it should be refused on the basis that it is unreasonably disruptive of the work, the person has the right to appeal that to the Information Commissioner. Where the person appealed it, the independent Information Commissioner might make a determination that it was perfectly correct to refuse it, and yet the body would be required to provide the information under Deputy McDonald's amendment. That would be unreasonable.

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