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Written Answers — Department of Transport, Tourism and Sport: Bus Éireann Services (17 Sep 2014)

Stephen Donnelly: 1720. To ask the Minister for Transport, Tourism and Sport if he will provide reasoning for Bus Éireann charging passengers for the transport of push bicycles; his policy for promoting the use of push bicycles; and if he will make a statement on the matter. [34269/14]

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

Stephen Donnelly: I move amendment No. 95:In page 75, to delete lines 22 to 38, and in page 76, to delete lines 1 to 31.

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

Stephen Donnelly: We have had the arguments about these amendments already. There is commercially sensitive information in these organisations which should exempt them from freedom of information and there are sufficient safeguards in the legislation to achieve this. I am not in favour of an approach which gives them full protection, however. It is important and useful that there should be bits and pieces...

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

Stephen Donnelly: I wonder if I can get the Minister's reaction to amendment No. 53. It gives the example of where a head refuses to grant a request because the information is already in the public domain. This would oblige the relevant authorities to indicate where it is in the public domain. I wonder if the Minister might accept that.

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

Stephen Donnelly: I beg the Minister's pardon.

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

Stephen Donnelly: Yes, I will press it.

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

Stephen Donnelly: I move amendment No. 53:In page 30, between lines 36 and 37, to insert the following:“(5) Where a head refuses to grant a request, and—(a) the information is already in the public domain, (b) or publication of the record is required by law and is intended to be effected not later than 12 weeks after the receipt of the request by the head, (c) or the FOI body intends to publish...

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

Stephen Donnelly: I move amendment No. 54:In page 32, to delete lines 30 to 39.We spent some time talking about this on Committee Stage. I was referring to specific queries, language, sequels and various other things. I have now re-examined the matter. Section 4 concerns when an FOI request is for information contained electronically across numerous devices. My concern is that this potentially provides...

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

Stephen Donnelly: I thank the Minister for his reply. I take his point on the need to split requests into parcels to ensure the work involved for each parcel does not exceed five hours. It is odd that in the case of a person whose request involves seven hours' work one would provide five hours of work free of charge and impose a fee of €40 for the remaining two hours. Would the requester not be asked...

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

Stephen Donnelly: The Minister may have been distracted when I asked a question earlier. May I ask it again?

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

Stephen Donnelly: Is it the Minister's view that a request involving 20 hours' work, which would incur a fee of €420, would be free in the normal course if it were packaged into four bundles of five hours' work?

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

Stephen Donnelly: I move amendment No. 49:In page 30, to delete lines 2 to 7.While I am prepared to speak to both of them, amendments Nos. 49 and 53 are completely different. I am concerned that section 15 provides an opt-out to heads who may not wish to comply with the spirit of the legislation. Section 15(1)(c) basically allows a head to refuse a request on the basis that it involves too much work....

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

Stephen Donnelly: Like the other Deputies, I acknowledge the work done by the Minister and the fact that he reviewed a substantial part of the legislation that was debated on Committee Stage. The review was very useful and I thank the Minister and his officials. I can see that many of the arguments made by me and by other Opposition Deputies are reflected in these amendments and I welcome this fact. The...

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

Stephen Donnelly: I acknowledge that this is a huge and very welcome step forward but will make some observations in the spirit of improving the legislation further. The table on page 29 of the report shows there is a severe step change in the fees that can be charged. The first five or six hours are free but if a requester's application takes seven hours to process, he or she is to be charged for all seven...

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

Stephen Donnelly: I move amendment No. 28:In page 16, to delete lines 34 to 37 and substitute the following: “(5) Where a dispute arises as to whether subsection (1) applies, or as the conditions arising by virtue of that subsection, the dispute shall be submitted to the Commissioner, whose determination shall be binding.”.The amendment is in the same vein as No. 27, which has fallen. It is a...

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

Stephen Donnelly: I agree with the Minister that the matter should absolutely not go to the courts, but where there is a dispute the Information Commissioner makes rulings all the time.

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

Stephen Donnelly: But is it not the body itself that is disputing its inclusion?

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

Stephen Donnelly: An analogy for me would be a body. If the Information Commissioner says the information should be provided and the body disputes that-----

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

Stephen Donnelly: Yes, or that for whatever reason it is not providing certain information under freedom of information, it is the Information Commissioner who essentially has the final say and insists that citizen X is provided with the information. At the moment a body can have a dispute with the Information Commissioner on the provision of information and under law the Information Commissioner can say that...

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

Stephen Donnelly: I move amendment No. 29:In page 16, to delete line 41, and in page 17, to delete lines 1 to 14.I am sorry, I was mixing up my amendments. Amendment No. 29 is very similar to No. 27. No. 27 says a Minister may put a body on the exempt list and amendment No. 29 is about the Minister putting part of a public body on the exempt list. As with amendment No. 27, it is a serious thing to do, to...

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