Dáil debates

Wednesday, 16 July 2014

Freedom of Information Bill 2013: Report Stage (Resumed)

 

2:45 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent) | Oireachtas source

I move amendment No. 49:

In page 30, to delete lines 2 to 7.
While I am prepared to speak to both of them, amendments Nos. 49 and 53 are completely different. I am concerned that section 15 provides an opt-out to heads who may not wish to comply with the spirit of the legislation. Section 15(1)(c) basically allows a head to refuse a request on the basis that it involves too much work. Perhaps the Minister will publish guidelines on what would be considered an unreasonable request. I understand other Deputies raised this issue.

Amendment No. 53 is unrelated to that issue. It provides that where a head refuses a request on the basis that the information sought is already in the public domain, he or she must direct the requester to the location of the relevant information. This is a simple requirement, which could be met by providing a hyperlink. As such, it places a simple and non-onerous burden of proof on any head who refuses a request because the information sought is already in the public domain.

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