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Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: That is No. 3 on page 37.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: I had a quick read of the report. Page 1 has an appendix of all Government Departments. I counted approximately 100 items in those Schedules to be included. Ms O'Reilly agrees with the Department's recommendation to exclude 48 items and disagreed with it on 52 items. It is a 50-50 split. The Chairman referred to a 36-50 split. The only point at issue today are the 52 cases on which Ms...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: I am on page 37 of the report.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: She agrees with the Adoption Act. We all understand there are privacy issues. I also referred to the official control of foodstuffs regulation and the Health Act. I asked her to take us through why she disagrees with the Department in those cases.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: I agree with Ms O'Reilly. There is a note on page 39 about the Dentists and Nurses Acts and the Department expressed concern regarding information on fitness to practise. She said privacy issues and individual personal interests are already well covered, but the Department is afraid to let her adjudicate on it.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Some Departments wish to exclude items from the Third Schedule. Ms O'Reilly gave the example of the school inspection reports. These are not included but the Department has published them on its website. In a way it is better because one does not need to go through the FOI system and the website is more convenient, which is better for everyone.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Ms O'Reilly has touched on another good point. As a Deputy I have experience of seeking information from various bodies. The Committee of Public Accounts requests information from bodies which it is investigating and it may only receive a certain amount of the requested information. However, a journalist making an FOI request will be given more information. There is an anomaly. It seems...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: The report notes that many non-disclosure provisions have been introduced since 1997 and that 50% of the non-disclosure provisions have been introduced in the past five years. A Government has the right to have non-disclosure provisions. However, I recommend that there should be a formal mechanism for notifying the Information Commissioner when this is being applied. Legislation is being...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Is that in the annual report?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: There are non-disclosure provisions with regard to the European Central Bank. The Government is probably concerned regarding FOI requests for Central Bank information which might release information about the ECB and other countries.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: A number of these items which are excluded from the Third Schedule are EU directives. Why is information on EU directives being restricted? It seems bizarre. I compliment Ms O'Reilly on an excellent and concise report. I did not read every line of it but the gist of it is very clear and understandable.

Written Answers — Department of Communications, Energy and Natural Resources: Radio Spectrum Management (11 Jun 2013)

Seán Fleming: 77. To ask the Minister for Communications, Energy and Natural Resources when 4G telecommunications will be available here; the benefits that will accrue to the country; the way that he plans to support these developments; and if he will make a statement on the matter. [27845/13]

Written Answers — Department of Communications, Energy and Natural Resources: Renewable Energy Projects (11 Jun 2013)

Seán Fleming: 81. To ask the Minister for Communications, Energy and Natural Resources if he has sought a report into the collapse, two months ago, of a wind turbine at Loughderryduff, County Donegal; his views on the ability of wind energy to deliver sustainable energy for Ireland in the future; and if he will make a statement on the matter. [27833/13]

Written Answers — Department of An Taoiseach: Budget Measures (11 Jun 2013)

Seán Fleming: 95. To ask the Taoiseach if he has received indicative figures from the Department of Public Expenditure and Reform regarding the fiscal adjustment his Department will be asked to make in 2014 and 2015; the size of that adjustment; and if he will make a statement on the matter. [26641/13]

Written Answers — Department of Finance: Property Taxation Exemptions (11 Jun 2013)

Seán Fleming: 192. To ask the Minister for Finance the position regarding local property tax in respect of a person (details supplied); and if he will make a statement on the matter. [27553/13]

Written Answers — Department of Public Expenditure and Reform: Sale of State Assets (11 Jun 2013)

Seán Fleming: 345. To ask the Minister for Public Expenditure and Reform in relation to public bodies that are selling assets that they no longer require, if there is any requirement to ensure that these assets are not going into the black economy; if there is a requirement on State bodies to obtain a tax clearance certificate from the person who purchases these assets to ensure that assets formerly owned...

Written Answers — Department of Public Expenditure and Reform: State Property (11 Jun 2013)

Seán Fleming: 346. To ask the Minister for Public Expenditure and Reform if he will provide a list of all buildings in the State's property portfolio which are or could be considered to be residences for the purposes of the local property tax; the market value attributed to same by the Office of Public Works; the local property charge payable in 2013 in respect of each of these properties; the date on...

Written Answers — Department of Environment, Community and Local Government: Wind Energy Guidelines (11 Jun 2013)

Seán Fleming: 563. To ask the Minister for Environment, Community and Local Government the terms of reference and the timescale in relation to the the comprehensive review of the guidelines for Wind Energy Development which is being undertaken in conjunction with the Department of Communications, Energy and Natural Resources; and if he will make a statement on the matter. [27237/13]

Written Answers — Department of Defence: Defence Forces Recruitment (11 Jun 2013)

Seán Fleming: 770. To ask the Minister for Defence when did the Army last recruit; the number that were taken on; when the Army will be recruiting again; approximately the number that will be taken on; and if he will make a statement on the matter. [27807/13]

Written Answers — Department of Health: Food Safety Promotion Board (11 Jun 2013)

Seán Fleming: 1000. To ask the Minister for Health when the Labour Court Recommendations LRC19842 of June 2010 in relation to the Food Safety Promotion Board will be implemented; and if he will make a statement on the matter. [27552/13]

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