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

Joe O'Toole: I am sorry, a Chathaoirligh, I cannot accept that. Time and again, on the Government and other sides of the House, when Committee Stage has continued for a couple of days, it has been quite in order and acceptable for amendments to be taken during the course of that process. I accept that, for practical reasons, it might be unfair to expect that what I submitted within the last half hour...

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

Joe O'Toole: I consider that grossly unfair, discriminatory and inconsistent.

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

Joe O'Toole: On a point of order, it is at the discretion of the Chair if it is less than two days. Is the Cathaoirleach telling the House that, for as long as he is in the Chair, the House will no longer accept amendments within two days of a debate?

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

Joe O'Toole: How many times have we accommodated the Government with amendments arising on the morning of a debate on a Bill? This is grossly unfair and I cannot accept it.

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

Joe O'Toole: I am sorry, a Chathaoirligh, there is no way we can go on at this stage. I want it clearly understood as to what we are now doing. The Information Commissioner, as I believe is required of him under section 39 of the principal Act, is reporting to the Houses of the Oireachtas with certain suggestions. We have tried to bring those suggestions before the House on Committee Stage tonight but,...

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

Joe O'Toole: A Chathaoirligh, can you explain your ruling to me? Does it apply to Bills in the future?

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

Joe O'Toole: In other words, my amendments – from this side of the House – are being ruled out.

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

Joe O'Toole: Is that to be the case in future?

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

Joe O'Toole: So we will not be asked again—

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

Joe O'Toole: The discretion is not being used in this direction.

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

Joe O'Toole: On Thursday afternoon, the Joint Committee on Finance and the Public Service will be taking consultations on this Bill. At the same time, we are supposed to be in here dealing with the amendments.

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

Joe O'Toole: It is utterly wrong and unfair and it means that we are completely dismissing the operations of the Houses.

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

Joe O'Toole: We cannot do business this way.

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

Joe O'Toole: We cannot do our business this way. It is contemptible that the whole process is being undermined.

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

Joe O'Toole: Is it the official position of the Department that in order for us to know the business it is doing with us, we will have to chase around every Government website?

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

Joe O'Toole: I will not take smart-ass answers from anybody. Either I get a clear, honest answer, or we will not do business. I would like the Minister to explain whether he thinks I should check around with all the people in here, not knowing that various things had happened, and then go checking around the whole world in case there is something the Department of Finance should have told me but did not,...

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

Joe O'Toole: I am sorry, a Chathaoirligh, but I will not accept that it is appropriate for a Government Department to say to me that information it should have given to me is available on somebody else's website. The Minister is taking advantage of his position and I want it clearly understood that it is not good enough. If this is accepted as a method of communication, we might as well all go home. This...

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

Joe O'Toole: No. It states, "The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, of this Act".

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

Joe O'Toole: On a point of order, none of the amendments I tabled is in that category. They arose from the commissioner's assessment of the Freedom of Information Act 1997, which he will see if he looks at page 75 of the commissioner's report. The sections referred to are sections the original Act. The Cathaoirleach can confirm to the House that all the amendments I tabled, which were ruled out of order,...

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

Joe O'Toole: That is not my amendment. How many times do I have to say that my amendments are not—

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