Brendan Howlin (Wexford, Labour) | Oireachtas source

Section 41, as contained in section 32 of the original 1997 Act, upholds the operation of specific confidentiality and non-disclosure provisions in other legislation that has been passed, unless such provisions are listed in Schedule 3 of this Bill, in which case they are subordinate to this FOI regime. Provision is made in this legislation for the review of secrecy provisions in other Acts by a committee of the Oireachtas from time to time - the Joint Oireachtas Committee on Finance, Public Expenditure and Reform - with a view to its recommending whether they should be amended or repealed. If the committee recommends they should remain in force, the committee has the power to recommend that they should override FOI or that they should be included in Schedule 3. I am advised that such a review is currently under way and it will be a matter for the committee to recommend which of the non-disclosure provisions should be included within Schedule 3.