Results 7,501-7,520 of 34,780 for speaker:Seán Fleming

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: It is not like the administrative arrangement between Bus Éireann and the Department of Education and Skills. There are many different types of administrative arrangement and I think there could be scope under this heading for many issues. North-South bodies should be covered by this legislation.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: We have learned something new today. The Good Friday Agreement precludes North-South bodies from inclusion in freedom of information legislation.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: Unless there is agreement on both sides. We would have to renegotiate the Good Friday Agreement to bring Tourism Ireland, Waterways Ireland, the Food Safety Promotion Board and all North-South bodies under the Freedom of Information Act. It will be a revelation

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: The Minister made it clear accepting this amendment would require a renegotiation of the Good Friday Agreement to allow cross-Border bodies come under the freedom of information legislation. I do not believe anyone involved in the negotiation of the Agreement felt it would turn out to be an impediment to the statutory improvement of cross-Border matters.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I move amendment No. 41:In page 26, line 13, after “writing” to insert “, or electronically”.It is a very simple amendment and I hope the Minister will not have a problem with it. It relates to the section where we are getting into the meat of what the Act is about, having gone through the various definitions. This is the first section dealing with a request for...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: What is the Interpretation Act? Is it this Act?

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I only sought to amend this Bill, not the Interpretation Act 2005, so I will withdraw my amendment.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: This group of amendments substantially deals with fees. I accept some improvements have been made by the Minister since Committee Stage, and the improvements he intends to make when the draft statutory instrument is brought before the House for discussion should be helpful. I concur with Deputy Donnelly and I wish to highlight some issues which I ask the Minister to clarify when he...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I am speaking about the first paragraph of amendment No. 56 tabled by the Minister which refers to section 27. I do not think there is a problem with it. At present, section 27 states, "Subject to this section, a fee of such amount as may be appropriate having regard to this section shall be charged". The Minister is changing this and has come here with an entirely new section 27 which...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I am coming to it in fairness, but I am doing it in sequence. I will agree with the Minister but I want to go through the process. People reading the first sentence will see provision is made in the legislation-----

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I have read the next sentence and I will quote it. People tend to read only the headlines. People reading the first line of the new section will see a reference to fees which shall be paid in respect of the grant of the FOI request. Somebody who took a preliminary glance at this could be forgiven for thinking-----

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: What if they only read the first sentence? In most walks of life people read only the first sentence in most articles of most newspapers. Not everyone gets to read to the end. The section makes provision for a fee. We now come to the next sentence, which the Minister has pointed out and which I have underlined. It states, "The amount of a charge under this subsection shall be equal to...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: No provision is made for an application fee. Provision is made for fees which specifically relate to search and retrieval and copying only. We have got there.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: That is good and many people called for it. It would be churlish of people not to acknowledge the second sentence when they get to it. I tabled an amendment to the section before this, but related to this section, which was ruled out of order. I proposed there should be no application fee but it was ruled out of order because only the Minister can make such a provision. I also proposed a...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: The Minister is changing the law. He has made good changes in abolishing the fee. I just cannot understand why he has allowed a search and retrieval fee for people seeking substantial medical records.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: The Minister is changing it. He is saying it was butchered in the past, but he is coming back to un-butcher it now. I just do not understand why he did not take this out. This provision jars in the case of a person seeking his or her own medical records. Many people have many medical issues and there can be substantial records. They could be on CD or other format. There was a time when...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I know, but we are here changing the legislation. We are here to make the changes and not to copperfasten what was done in 1997. There have been many changes in this legislation. Before we come to decide on this amendment perhaps the Minister can take advice as to whether that subsection could be deleted. I do not know if he can do that. He cannot walk cleanly from this House today and...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: So the Minister has withdrawn that.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: Yes, but we are only seeing it here now. The Minister said he would do it and he is doing it here.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: It is not there now. On Committee Stage I highlighted the case of a person who wanted to get their full personal file from the Department of Social Protection relating to a disability invalidity payment. The person was told their request had to go to two different sections - to the means-testing section and to the medical section in the Department - and that was construed internally as two...