Results 17,281-17,300 of 29,533 for speaker:Brendan Howlin
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: As we have seen, there will be cases of completely unreasonable requests, for example, a person who wants to do a PhD and would like somebody to research it for him or her. Where there is a decision that the request is so unreasonable that it would be disruptive of the work and that is a discernment made, the correct approach is to address it at that level. One aspect in all the...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: With regard to Deputy Mary Lou McDonald's question, it is important that an FOI body be in a position to refuse certain FOI requests on administrative grounds. The ability to refuse a request on set administrative grounds is not a new provision but has been in the legislation since 1997. The Information Commissioner specifically supports the provision. The outgoing commissioner made this...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: Yes. One must quote the legal basis for the refusal. As I stated, the provision is in the original Act of 1997. I believed it would be in this Bill but it is not.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: I believe one would appeal to the Information Commissioner. This is not a court of law; it is very open. As I stated in reply to the previous question, proper dialogue with a trained FOI officer would give pointers to people such that they would know what cannot be asked because it is vexatious. If a requester believes an official was rude to him and if he can point to a series of...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: That is the norm.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: I would have said "voluminous" rather than "vexatious".
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: The Deputy makes it sound like the “Life of Brian”.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: We all understand what "vexatious" means in general terms.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: Never, Deputy. Let me give an example from outside the FOI area. I am aware of an individual who decided that he did not like a particular planning authority and declared publicly that he would forever more appeal every planning application granted by that local authority other than applications for a garden shed. When one makes that declaration in advance, obviously one is not looking at...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: True.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: That was from a gourmand.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: In fairness, we must have the legislation to shape it.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: As I said, "frivolous" and "vexatious" are the terms that were in the original legislation. They have been in existence since 1997 and have not caused a difficulty. I do not think anybody here has heard of a difficulty concerning them. The Information Commissioner has given guidelines on what would constitute "frivolous" and "vexatious" requests. We will incorporate those into the...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: To be vexatious?
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: There is the element of practicality, public administration, costs and the general public good. We all have rights, but we must site things in the general public good. I am advised that it is very rarely used. If this section was to be used in the future, the individual would have the right of appeal to the independent authority - the Office of the Information Commissioner. If the...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: I am informed that there are extensive guidelines.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: Yes, from the Office of the Information Commissioner.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: It is because there is a timeframe for patterns of annual releases that can be written into primary legislation. One does not use the FOI process to undermine what is included in statute law.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: I cannot think of one instantly, but we can provide the Deputy with one.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)
Brendan Howlin: There is a timeframe for different pieces of information to be published. One can submit an FOI request that would upset this.