Results 27,341-27,360 of 34,872 for speaker:Seán Fleming

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: We all know that too. Perhaps the Minister might use his good office to have a word with his party colleague who is the Chairman of the joint committee and see whether he can move on this topic. It is a very busy committee and it deals with many issues. The Chairman of the committee is involved in the banking inquiry. Something needs to be done in the meantime. Over the years, many...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I thank the Minister for his considered response. He has clarified the point because there probably is a general presumption that a person has an automatic right to all personal information on him or herself. The Minister has reminded me of cases of people who were, to use the old phrase, committed against their will and there was probably information on the files that could do them further...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I move amendment No. 73:In page 60, lines 34 to 37, to delete all words from and including “body,” in line 34 down to and including “2002).” in line 37 and substitute “body.”This relates to different situations where a head may refuse information if it deals with the financial and economic interests of the State. I understand the section in general...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I move amendment No. 74:In page 61, to delete line 4 and substitute the following:“41. (1) The 52 non-disclosure provisions recommended for exclusion in Schedule 3, where the Information Commissioner disagreed with the views of the relevant Departments, shall be deleted from Schedule 3.(2) A head shall refuse to grant an FOI request if—”.We had a brief discussion on this...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: It is some time since that was done. One is long overdue. As a first step the committee some time ago asked the Information Commissioner to examine all the items in Schedule 3, which deals with enactments excluded from the application of section 41, which deals with the enactments relating to non-disclosure of records. The Information Commissioner presented a detailed and comprehensive...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: 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...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: It was about where a person had a significant amount of personal records to search.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I referred to subsection (4).

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: Butchered.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: The Minister is changing the law. He has made good changes in abolishing the fee. I just cannot understand why he has allowed a search and retrieval fee for people seeking substantial medical records.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: The Minister is changing it. He is saying it was butchered in the past, but he is coming back to un-butcher it now. I just do not understand why he did not take this out. This provision jars in the case of a person seeking his or her own medical records. Many people have many medical issues and there can be substantial records. They could be on CD or other format. There was a time when...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I know, but we are here changing the legislation. We are here to make the changes and not to copperfasten what was done in 1997. There have been many changes in this legislation. Before we come to decide on this amendment perhaps the Minister can take advice as to whether that subsection could be deleted. I do not know if he can do that. He cannot walk cleanly from this House today and...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: So the Minister has withdrawn that.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: Yes, but we are only seeing it here now. The Minister said he would do it and he is doing it here.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: It is not there now. On Committee Stage I highlighted the case of a person who wanted to get their full personal file from the Department of Social Protection relating to a disability invalidity payment. The person was told their request had to go to two different sections - to the means-testing section and to the medical section in the Department - and that was construed internally as two...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: This group of amendments substantially deals with fees. I accept some improvements have been made by the Minister since Committee Stage, and the improvements he intends to make when the draft statutory instrument is brought before the House for discussion should be helpful. I concur with Deputy Donnelly and I wish to highlight some issues which I ask the Minister to clarify when he...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I am speaking about the first paragraph of amendment No. 56 tabled by the Minister which refers to section 27. I do not think there is a problem with it. At present, section 27 states, "Subject to this section, a fee of such amount as may be appropriate having regard to this section shall be charged". The Minister is changing this and has come here with an entirely new section 27 which...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I am coming to it in fairness, but I am doing it in sequence. I will agree with the Minister but I want to go through the process. People reading the first sentence will see provision is made in the legislation-----

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I have read the next sentence and I will quote it. People tend to read only the headlines. People reading the first line of the new section will see a reference to fees which shall be paid in respect of the grant of the FOI request. Somebody who took a preliminary glance at this could be forgiven for thinking-----

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: What if they only read the first sentence? In most walks of life people read only the first sentence in most articles of most newspapers. Not everyone gets to read to the end. The section makes provision for a fee. We now come to the next sentence, which the Minister has pointed out and which I have underlined. It states, "The amount of a charge under this subsection shall be equal to...