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

Brian Hayes: To be clear, I am referring to section 2 and to page 75 of the Information Commissioner's report. He proposed this amendment on 5 February. I have not taken in the import of the Minister's reply on practical legal difficulties. When he reverted to the commissioner's office, what was the reply? If the only example he can offer is in respect of whether a journalist is acting on his own behalf...

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

Brian Hayes: They are questions on the section.

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

Brian Hayes: As to who owns the information and who is in possession of it?

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

Brian Hayes: For an individual and a body corporate?

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

Brian Hayes: The Senator loves it. He reads it all the time.

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: The Leader will agree that the only way the House can work properly and effectively is when there is a measure of co-operation between the Government and the Opposition in respect of the business of the day. Yesterday was a parliamentary shambles, however, because information that was absolutely germane to the debate was only given at the start of Committee Stage of the Freedom of Information...

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: —ensured that the commissioner's voice was entitled to be heard. The Minister for Justice, Equality and Law Reform wishes to muzzle the commissioner and I suspect that the House has a very different view on that matter.

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: Yes.

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: Senator Ryan raised an important Standing Order. Will the Chair give a ruling? A solution will have to come from the Leader if all sections of the Freedom of Information (Amendment) Bill are not reached.

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: We should have a full debate on every section.

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: Yes. Amendment put: "That No. 2 be deleted from the Order of Business." Tá

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: Can we debate that matter now?

Seanad: Order of Business. (12 Mar 2003)

Brian Hayes: I thank the Leader of the House for having explained that to me and I apologise.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Brian Hayes: I support my colleague, Senator Higgins, on this issue. The Minister of State refers to requests which cause substantial interference to the work of a Department or unit. In the event that a person makes a request to a public body which then invokes this provision to reject the request on the grounds that it is unreasonable, will the requester be automatically informed that the request was...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Brian Hayes: There was disagreement about the term "requester". There is no definition of the word in the principal Act or the amending legislation. Could it be a corporate body? A corporate body might be a frequent requester and then an individual from that body would attempt to find information about a different issue or from a different source. Would that person be regarded as being the same requester...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Brian Hayes: What about the requester? The NUJ made the point that there must be definition of this term. If a reporter from the Irish Independent had not paid a fee for a previous request, or was disputing a fee, this section could technically block a request from a reporter on a sister publication, in respect of completely separate records, until the original fee is paid. Is the requester an individual...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Brian Hayes: Correct.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Brian Hayes: I second the amendment. The argument is that the Attorney General should be the deciding officer when it comes to determining what information should be published in the national interest. The Attorney General is in a unique position in Cabinet. If not a Deputy, he or she does not speak publicly on issues, although the previous holder of the office did so. The Attorney General has a knowledge...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Brian Hayes: There is some suggestion that the Attorney General and his office have no role regarding the freedom of information regime. However, his office must circulate documents when there is a request from members of the public.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Brian Hayes: There was some suggestion in what Senator Dardis said that the Attorney General is completely excluded from this. While the Office of the Attorney General is within the Department of the Taoiseach, I understand it is separate and information can be obtained within it in the same way that it is obtained from other Departments and offices.

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