Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

In the context of our consideration of this amendment on Committee Stage, I indicated that I would consider the public interest issue in consultation with my legal advisers and, if necessary, review the section further before Report Stage. My advice is that the words "or as provided by law" in the existing text of section 9(1) already accommodates the amendment's aims in respect of public interest in that it encompasses the range of legislative provisions that deal with releases of information. The important point is that confidential information may only be released by the Minister or as provided for by law. This encompasses the personal information which cannot generally be released in the public interest because personal rights are enshrined in the Constitution, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. On the other hand, the release of commercially sensitive information is covered in the Freedom of Information Acts. All the aforementioned legislative provisions are included in the subsection by reference to "provided by law". In the circumstances, I do not propose to accept the amendment.

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