Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

I appreciate all of that. I do not think it is wise to have this in the legislation. I already cited section 15 which addresses the issue of administrative burden. It is dangerous, however, to make calls like that. I will give a real-life example of it. A number of survivors of the Bethany Home, and one in particular, made numerous FOI requests. I am told they were dismissed by the Department of Justice and Equality because they were considered to be a nuisance and constant callers. There is no doubt that these people were persistent in their pursuit of information, but time has proven just how correct they were to be persistent and to use pester-power in respect of these matters.

I am unhappy with the language in the section, such as "frivolous", "vexatious" and "manifestly unreasonable", but according to whom? I am also unhappy with allowing somebody that scope for decision. I know there is a capacity to appeal but in section 15 the Minister has already built in a sufficient check or test in respect of any FOI requests that may come forward. I have said all of this to the Minister before, so there he has it.

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