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

Seán Fleming: It was about where a person had a significant amount of personal records to search.

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

Seán Fleming: I referred to subsection (4).

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

Seán Fleming: Butchered.

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

Seán Fleming: I move amendment No. 72:In page 57, between lines 30 and 31, to insert the following:"(10) Subject to subsections (1) to (9), where the information relates to personal information of the requester, such information shall be released even where the information is provided by a third party.".I mentioned a particular case on Committee Stage but I will not labour the point too much. With the...

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

Seán Fleming: I thank the Minister for his considered response. He has clarified the point because there probably is a general presumption that a person has an automatic right to all personal information on him or herself. The Minister has reminded me of cases of people who were, to use the old phrase, committed against their will and there was probably information on the files that could do them further...

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

Seán Fleming: I move amendment No. 73:In page 60, lines 34 to 37, to delete all words from and including “body,” in line 34 down to and including “2002).” in line 37 and substitute “body.”This relates to different situations where a head may refuse information if it deals with the financial and economic interests of the State. I understand the section in general...

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

Seán Fleming: I move amendment No. 74:In page 61, to delete line 4 and substitute the following:“41. (1) The 52 non-disclosure provisions recommended for exclusion in Schedule 3, where the Information Commissioner disagreed with the views of the relevant Departments, shall be deleted from Schedule 3.(2) A head shall refuse to grant an FOI request if—”.We had a brief discussion on this...

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

Seán Fleming: It is some time since that was done. One is long overdue. As a first step the committee some time ago asked the Information Commissioner to examine all the items in Schedule 3, which deals with enactments excluded from the application of section 41, which deals with the enactments relating to non-disclosure of records. The Information Commissioner presented a detailed and comprehensive...

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

Seán Fleming: The Minister is quite right in what he says about the committee of which I am a member. Five of the 27 members of the committee were promoted this week, so it has just 22 members now.

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

Seán Fleming: It is a great committee for one's prospects of getting a promotion. I suggest that if one joins the Joint Committee on Finance, Public Expenditure and Reform or perhaps the Committee of Public Accounts, one's chances of being promoted will be very high. I congratulate each of the five members of the committee we have lost. I understand what the Minister is saying. I knew what the answer...

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

Seán Fleming: We all know that too. Perhaps the Minister might use his good office to have a word with his party colleague who is the Chairman of the joint committee and see whether he can move on this topic. It is a very busy committee and it deals with many issues. The Chairman of the committee is involved in the banking inquiry. Something needs to be done in the meantime. Over the years, many...

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

Seán Fleming: We could do with the majority Government Members trying to prioritise that as well. I accept I cannot press the amendment because the ball is in the committee's court.

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

Seán Fleming: Are we discussing amendment No. 84?

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

Seán Fleming: On that amendment-----

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

Seán Fleming: I am a little troubled about it. The Minister referred to the office-----

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

Seán Fleming: The Minister might deal with it and I will speak to it again.

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

Seán Fleming: I thank the Minister. When I read the reference to Rosslare I thought it was something to do with Wexford but I was willing to let it pass. If there was something to do with Wexford I would not try to block it but if it in any way helps the operation down there, well and good. Amendment No. 84 deals with the Office of the Commissioner for Environmental Information. I accept what the...

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

Seán Fleming: Yes, but where can information be obtained with regard to the Office of the Commissioner for Environmental Information in the performance of its functions under the European Commission?

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

Seán Fleming: Which body has the environmental information? I thought the Office of the Information Commissioner had that separate role. To who or whom can a person submit a FOI request to get the environmental information if not this particularly body? I thought that office had a specific role with regard to European environmental information.

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

Seán Fleming: This legislation has a reference to SI 133 of 2007. Those regulations define environmental information and the public authorities from which it may be requested. They also set out the manner in which environmental information can be sought and provided and if it is refused, there can be an appeal. All I want is an assurance from the Minister that the relevant environmental information can...

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