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

Martin Mansergh: With due respect to my esteemed fellow Senator from County Tipperary, I hope it will be possible to have a reasoned debate on the Bill. Second Stage has concluded. The purpose of Committee Stage is to see if there are ways of improving the Bill—

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

Martin Mansergh: I wish to develop my argument about the nonsensicalness, in parliamentary terms, of this argument. The principle of the Bill, for better or worse, has been—

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

Martin Mansergh: —voted on by the House. This debate, therefore, is about improving the Bill. This section is purely a reference to the Act which it is amending. It makes no sense to oppose or amend something that simply refers to what the Bill is about. I ask the Senator to consider withdrawing her opposition. One needs to be a little selective in one's opposition.

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

Martin Mansergh: So is the Senator.

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

Martin Mansergh: I see.

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

Martin Mansergh: So do we.

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

Martin Mansergh: I would like to make a point for the benefit of Senator Brian Hayes. Even if he believes that the description of the legislation is a misnomer, we are referring to the previous Act and, therefore, it does not make any sense because we are confusing what we are doing now with what was done then. This section refers to the 1997 Act, so it does not make any sense to oppose it. I would much...

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

Martin Mansergh: All the digressions are coming from the Senator.

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

Martin Mansergh: Reference was made by one of the Senators opposite to this being a farce, it is certainly a farce to enter into this type of discussion in relation to section 1, the agreeing of which, regardless of whether one likes what is contained in the Bill, should be a formality. The report being referred to is utterly irrelevant to the section.

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

Martin Mansergh: If we spend this amount of time discussing the section, we will certainly have plenty of time to absorb the report before we reach the sections to which it refers. It is worth pointing out that the Information Commissioner is a public servant which means he is a servant of the Houses of the Oireachtas and subject to the legislation that we choose to pass. He has issued four reports on the...

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

Martin Mansergh: I said under legislation passed by the Oireachtas.

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

Martin Mansergh: I have the highest respect for the commissioner. I knew him personally in a previous incarnation. It is the role of the commissioner to advise on legislation and it is the role of the Government to decide.

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

Martin Mansergh: The commissioner has published four other reports and is involved in ongoing consultation, a two way process. From what I know of the way Government works, his views have been taken into account and incorporated. We are at the beginning of a legislative process that will last a few weeks and there will be plenty of opportunities for the Government and others to review the report. If anything...

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

Martin Mansergh: As Senator Hayes went into the matter, I presume I am allowed to comment in reply. Similarly, a diplomatic representative may not be a member of the Government but still represents it. I am not sure the commissioner has got that point quite right.

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

Martin Mansergh: In both Houses.

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

Martin Mansergh: I was referring to the legislative process as a whole.

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

Martin Mansergh: We are in danger of confusing things. The commissioner's report consists of two sections, namely, amendments he submitted some weeks ago—

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

Martin Mansergh: —and analysis. We should not confuse the two.

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

Martin Mansergh: The first section supersedes the second one. For example, it is clear that he is happy with section 2 of the Act. Appendix 2 cannot be amendments simpliciter as they refer to the original Act, not the Bill before us. They would have to be worked on to translate them into the different sections.

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

Martin Mansergh: The amendments must be related to the Bill before the House, not an Act passed five years ago.

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