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Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: In the Long Title, it has been suggested that we can bring forward amendments to the Freedom of Information (Amendment) Bill. This entire Bill is amending the original Act. The commissioner, for whom I have great admiration, suggests references to members of the public should be changed to "persons". This is obviously an important step he wants us to take. What is the view of the Department...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: Let me pour oil on troubled waters by moving on a little. We have had the legal difficulties but what are the practical difficulties?

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: Following Senator Mansergh's useful contribution, I am more convinced than ever that we should try to retain the section. Surely a person must type up replies to freedom of information requests. Therefore, someone must take responsibility for them. If replies are made by committee, where will it take us? I expected the Government to accept this amendment as I could not see a problem with it,...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: I am not slavishly following the Information Commissioner's recommendations. I am making decisions.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: While I understand there is an information officer, people like Senator Mansergh seem to tell us that everything is delegated and the decisions are not made by the information officer.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: While I have never worked in a Department, from what I have heard the information officer is not necessarily the person who will write the reply. Based on what Senator Mansergh said, the work is delegated to different people. It is great to be able to find out who is dealing with a specific request. It is not so long since civil servants were not allowed to give their names. I remember...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: I was surprised when I heard it reported on RTE news that the Taoiseach said the Bill would not affect individuals. This is the area where it will have most effect. The words "relate to" are totally different from "contain". They are much broader and changing them represents a huge diminution of the amount of information people can obtain about themselves. This is terribly important where...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: That is correct. It may be easier for the person who is giving out the information, but it may be much more difficult for the person who is seeking the information.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: I understand what the Minister of State is saying. It can be very difficult and awkward, especially if somebody else within the family might be affected by the information being given. I take Senator Mansergh's point that it is far simpler for the person giving the information to have a word such as "contain" used but it also takes away the discretion if one can see that there is something...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: Since the Taoiseach patently thinks this Bill does not affect individuals, because he obviously would not have said that if he knew there is to be such a change in the way applications must be made and the way information can be given out, could the Minister of State look at this between now and Report Stage? I have heard it reported on the news that the Taoiseach said this Bill will not...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: Senator Mansergh is absolutely right. The meaning of "relate to" is much wider—

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: —than "contain". I could see "contain" being defined eventually in a way that if it did not contain your name and address, you might not get any information.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Mary Henry: It would mean that names will have to be there. Next there will be a need for the date of birth to be sure it was not another Mary Henry or something like that.

Seanad: Adjournment Matters. - Tourism Industry. (11 Mar 2003)

Mary Henry: I welcome the Minister of State and at this late hour will not keep him long. Since he comes from a county where tourism is so important, he will understand what I am talking about. There is apparently a huge downturn in the tourism business. I have received figures which show that bookings are down by 30% to 50%, mainly in sectors which would have booked well in advance such as the corporate...

Seanad: Order of Business. (12 Mar 2003)

Mary Henry: I second Senator O'Toole's proposal that we take the report of the Information Commissioner first on the Order of Business. I am sure the Minister for Justice, Equality and Law Reform is a fine lawyer, but this report was incredibly useful to me as a legislator. We are legislators, but we are also citizens and we are curtailing our own rights in the legislation that is being put through the...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Mary Henry: I regret the inclusion of this provision, particularly as I have seen the Taoiseach's comments in the Dáil. He said changes in the Bill would not reflect on the individual but I do not see how that can be with this amending provision. The Taoiseach would not want such an amendment introduced.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Mary Henry: I support the amendment. A case has not been made to show the current provision is causing disruption.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Mary Henry: I do not believe we have been given evidence that the original Act is causing problems in this area. The Information Commissioner's report, which we received yesterday, outlines ways in which a persistent requester can be dealt with. No one wants to make some sort of charter for people who make frivolous or vexatious claims, but that is already in the Act. Legislation that has been working...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Mary Henry: This is an amendment the Minister of State can accept without phoning Cheltenham.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Mary Henry: This is a practical amendment that would enhance the Bill because otherwise people who made requests ten years earlier will be covered by the amended Act. This is an innocuous addition.

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