Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 67:

In page 57, between lines 36 and 37, to insert the following:

"(10) Subject to subsections (1) to (9), where the information relates to personal information of the requester, such information shall be released even where the information is provided by a third party.".

The issue here, which I raised on Second Stage, is very simple. I had a case where a person sought personal information from the Department of Social Protection as to why he or she was refused illness benefit payment. I advised the person to get a copy of the file from the Department in order to see what the medical assessment showed. It took a long time to come through, the reason being that the applicant's doctor had completed a medical assessment and this is deemed to be information provided by a third party. The doctor had to be asked if the information he released about his patient could be made available to his patient. I put quite a loop and a hoop in the system when I said that on Second Stage. Perhaps the case was dealt with by an over-zealous person in the Department and it went to a very high level. Week after week we were getting clearance, we were told there were FOI issues and that, in effect, it was information provided by a third party. Perhaps the doctor did not want to release to the patient the report he or she felt entitled to. That was my suspicion of what happened in the case. Perhaps the Minister would deal with that issue. I will not force a vote on the issue. I have made the point and I think the Minister understands it.