Joe Costello (Dublin Central, Labour)

That is something. We have moved further down the road and I welcome the Minister's progress. Section 15, which I will try to amend, states: "Unless otherwise provided for by law, a person shall not, without the consent of the Authority, disclose any confidential information obtained while performing, or as a result of having performed, duties as a member of the Authority or advisory committee or as a consultant or an adviser appointed by the Authority". This is a gagging mechanism and I am concerned that previously established parameters in the Bill are restrictive in terms of freedom of information. It will be difficult for any worthwhile question under the Freedom of Information Act to elicit useful information because of the confidentiality clause contained in this section. It puts the authority on notice that there should be no disclosure of information in so far as is possible without the authority of the body.

There is no sign of whistleblower legislation in section 15, which tells authority members to keep quiet and, if they open their mouths, they could be in trouble. I am not happy with this type of gagging legislation. It is not standard practice in legislation. Wherever applicable, State bodies should be subject to the Freedom of Information Act's provisions and disclosures should be permitted.

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