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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: The committee might discuss the fees issue on its own.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: The essence of the section is that someone can refuse a request that he or she might normally grant because it is connected to another record that is exempt. He or she can redact or edit it, but he or she may believe that might give misleading information. It is another way to not properly release information. The information being sought would normally be granted, but it relates to a...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: The section provides that if the decision is not made within the legal timeframes referred to by the Minister, it is deemed to be a refusal. Can the applicant make an appeal straightaway?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: Are many decisions deemed to be refusals because a deadline has been missed? I am sure this issue must have been discussed with bodies. Does this happen often?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: The applicant can then take it further.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: The Minister used the word "response", which is the bit that gets me.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: I do not know whether every freedom of information officer thinks a response means the answer, if the Minister understands what I mean.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: Consistent training.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: The Minister is satisfied the system is working well and there is no undue delays.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: Is that built into this legislation?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: They are grouped for discussion, not for voting.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: No.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: Amendment No. 53 is a big fees issue.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: I move amendment No. 36: In page 28, between lines 27 and 28, to insert the following:“(3) Subject to section 16, where a request is granted under subsection (1) the head shall ensure that access to the record is provided as soon as may be possible but no later than 10 weeks from the date the request was made.”.Amendment No. 40 also will be discussed at this point. The purpose,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: I thank the Chairman and will be brief. I am merely drawing a parallel and that time-limited system works well. However, in the case of an application that reaches An Bord Pleanála, that body does not have such a time limit and it keeps extending matters ad nauseam. The same can happen in this case and I believe the adoption of legal time limits would lead to good public...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: The Minister might add up all those timelines without-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: No, leaving the appeal to one side, I seek the timeline for requests only.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Seán Fleming: Right, however my main concern was with the Minister's first statement, whereby there must be a response within four weeks.

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