Brendan Howlin (Wexford, Labour) | Oireachtas source

Amendments Nos. 49 and 51 seek to delete or amend the right of a public body to refuse a freedom of information request on certain administrative grounds. Amendment No. 49, which has been tabled by Deputy Donnelly, proposes to delete the provision which allows a body to refuse a request where the processing of the request would be likely to cause a substantial and unreasonable interference or disruption of work. I understand the logic of the Deputy's argument as it is reasonable to regard the processing of a request as a person's work, rather than a disruption of his or her work.

In view of my decision to remove up-front fees and return to the architecture of the original Act of 1997, it is necessary to provide a guard against unreasonableness. Nevertheless, I accept the Deputy's point, which can be captured in the code of conduct. We have published a draft code, which I am sure Deputies have had an opportunity to read.

I am also sympathetic to the intention behind Deputy McDonald's proposal to allow for the publication of records relating to a request that was refused on the grounds that it would cause a substantial and unreasonable interference in the work of the body in question.

However, I consider that the provision currently in the Bill is designed to deal with that particular type of request. The provision envisaged in the amendment would cause a substantial volume of work that would suck in personnel and pull them away from other important work, not only at the time of the request but at any time. Whether it is now or in three months' time it makes no difference. If it is a fact now, it will also be a fact in three months' time. On that basis I do not accept the proposal that it should be published in six months.

I will not go through the other points I was going to make because my views on them are already on the public record.

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