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Promissory Notes: Motion (Resumed) [Private Members] (6 Feb 2013)

Kieran O'Donnell: It was done as an election gimmick. I believe Deputy Mattie McGrath was with Fianna Fáil when it was put through. Subsequently he was not. This is about bringing us out of the bailout programme in a twofold manner, by reducing the interest rate and the amount of interest we pay from the current budget each year, which will have a benefit in real people's lives, and rescheduling the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: I welcome the delegation. Are there any circumstances in which the Freedom of Information Act should not apply to a public body? Will Mr. Dooley elaborate on how the users' group operated and outline its membership? Does he envisage its role changing? RTE has experienced freedom of information from both sides of the fence, as it were. Some public bodies are good at operating the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: I will redirect the question. How do the appeal mechanisms work when dealing with public bodies? I am seeking information on the practical operation of the Act.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: Was that a quango?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: When was the last time the group met?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: We are going back quite a long time.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: I just wanted to get a flavour of it.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: Is there any situation where FOI should not apply to a public body?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: I welcome Ms O'Reilly and Mr. Rafferty. In the context of what the Chairman stated, will Ms O'Reilly indicate the number of appeals her office receives in respect of the application of the freedom of information legislation by various public bodies?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: In how many of those cases would the original decision be overturned?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: So in 50% to 60% of cases, there would be some alteration of the decision or it would be overturned.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: So the Information Commissioner would uphold the original decision in approximately 40% of cases.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: In the context of the total number of appeals received, in how many instances is the original decision of the public body with regard to the non-disclosure of information upheld?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: So in 40% of cases some agreement would be reached. In how many cases relating to freedom of information requests does the Information Commissioner find that the public body was correct in its decision?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: Is there much disparity or inconsistency across the public bodies in the context of how they deal with the public in the context of freedom of information? How does the legislation operate in this regard? Ms O'Reilly stated that the majority of the recommendations contained in the review carried out in 2007 have been incorporated in the draft heads of the Bill. Are there recommendations...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: Ms O'Reilly referred to section 37. Will she explain how the changes in the draft heads of the Bill will impact on her work? I take this opportunity to compliment her office-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: Yes. I just want to know what the position is on a practical level.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: To which records is Ms O'Reilly referring? Will she provide an example?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Kieran O'Donnell: With one of Ms O'Reilly's officers?

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