Results 181-200 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: Preferably after taking advice.

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

Derek McDowell: Does the Minister of State wish to comment? I gather he does not.

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

Derek McDowell: After that peroration, section 2 seems a bit of a comedown. Nevertheless, we will plough on. There are three different parts to this section, one of which at least is totally non-controversial: the definition of a week. It strikes me to wonder why it is necessary to redefine it at all, since it did not seem that there was any lack of clarity about it in the original Act. There are substantive...

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

Derek McDowell: I want to tease out the issue of factual information that no one other than Senator Maurice Hayes has touched on. The definition is of most importance in section 19 of the original Act. Currently, it is open to a head, usually the Secretary General or deciding officer, to release factual information, irrespective of whether it was submitted to Government. The Government is seeking to define...

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

Derek McDowell: The point I tried to elucidate for the Minister, obviously not well, was the issue of factual information. This is critical. The Government is effectively bringing down the veil on a huge amount of information that is currently available to us, particularly in relation to Government decisions. We need clarity on this. Let us take the example of the tax strategy group papers. I am not...

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

Derek McDowell: The Minister for Finance will, therefore, use it primarily for Government. It would be easy for an official who wished to keep those papers under wraps to find a reason to do it within the terms of the Bill. If that is not the intention, I would be consoled if the Minister would put something on the record to confirm it.

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

Derek McDowell: I wish to press the issue I have tried three times to raise with the Minister. If I raised my voice, the Minister might be more inclined to address it. He has not addressed it yet. I am seeking a reassurance that papers such as the tax strategy group papers will be defined within the term "factual information" and could, at least at the discretion of the head of a Department, be made...

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

Derek McDowell: Section 19 only allows a head to release those papers if they are not covered by some other exemption. However, they have to be comprised within the definition of factual information in the first place.

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

Derek McDowell: I am not asking about personal information. I am asking about factual information.

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

Derek McDowell: The Minister of State has basically told me he cannot give me the assurance that Senator Mansergh gave me – that the tax strategy group papers would be included as part of the definition of factual information. Will the Minister of State tell me what in God's name "statistical or empirical information, together with any analysis thereof" is intended to cover? The Minister of State has...

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

Derek McDowell: What sort of information is this intended to include?

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

Derek McDowell: If the Minister of State could give me one or two examples I would be more than happy to accept it. Clearly, somebody has decided that it is necessary to broaden the definition. If the Minister of State will not tell me whether the specific examples I have given will be included, perhaps he could tell me what will be.

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

Derek McDowell: We are here to ensure that nobody has to go to the courts – to make sure the legislation is clear in the first place.

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

Derek McDowell: I will start off our trenchant opposition to this appalling section. The section eliminates the need for a notice in Iris Oifigiúil in relation to the delegation of the functions of the Minister or the Secretary General. On the face of it this appears quite reasonable but unfortunately it creates doubt as to who exactly is dealing with a particular application. My understanding of the...

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

Derek McDowell: If we were it would assist the Government side greatly.

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

Derek McDowell: I do not want to detain the House on this issue. I made it clear in my first contribution that I am not particularly hung up on Iris Oifigiúil and I agree very few people read it. However, it is important the information be available both for ease of access and, as Senator Maurice Hayes put it, to avoid the arbitrary designation, re-designation or un-designation of individual people. There...

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

Derek McDowell: This section represents a substantial change, although it is touted as something perfunctory. In reality it changes the requirement on the part of public bodies to provide personal information to individuals.

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

Derek McDowell: The effect of this section – the Minister of State does not appear to disagree – will undoubtedly be to restrict information. It will mean that information which could previously have been released will not or may not now be released. Whatever the intentions of Government, it must address the reality of what will happen as a result of its amendment. Given this reality, there is an onus on...

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

Derek McDowell: The section is entirely objectionable. It is as simple as that.

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

Derek McDowell: I offer my condolences to the Minister for Justice, Equality and Law Reform. He has clearly had a bad day. It started with the Garda leaking information against him and he has now launched a vicious attack on one of the major offices of State, namely, that of the Information Commissioner. I can understand why he is feeling sore, but he would do us all a favour if he kept it to himself....