Dáil debates

Wednesday, 16 July 2014

Freedom of Information Bill 2013: Report Stage (Resumed)

 

3:15 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 72:

In page 57, between lines 30 and 31, to insert the following:"(10) Subject to subsections (1) to (9), where the information relates to personal information of the requester, such information shall be released even where the information is provided by a third party.".
I mentioned a particular case on Committee Stage but I will not labour the point too much. With the Department of Social Protection, for example, a person may not be approved for a disability allowance or invalidity payment and before a proper review or appeal is requested, one must see what is on file and establish the reasons the request was not granted in the first place. I would encourage such people to make a freedom of information request to establish the reason their request was declined, as it may relate to means or medical grounds, for example. The Department of Social Protection is the best Department for responding to freedom of information requests, but perhaps other cases will ultimately be covered by codes of practice.

I have encountered cases where a person may not have the form signed by their GP returned. It may stipulate whether requirements were mild, moderate, profound or severe. The reason for the form not being returned could be that the form was signed by a doctor, which is a third party even when it is the GP of the person concerned. The consent of the person who completed the form is required because he or she is an interested or relevant party. This can lead to cases where a person's medical assessment cannot be released unless the GP formally consents to the release of such information. This seems a bit severe and perhaps somebody is interpreting regulations quite literally. Perhaps a representative of doctors has indicated to the Department somewhere along the line that before any medical assessments are released, that group should be informed. We regularly get letters from public bodies informing us of a freedom of information request. There has been confusion on a couple of occasions and perhaps these were isolated. Conversely, it may be established practice. If a person requests their own information, it should be released, even if a third party has not given consent.

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