Results 17,401-17,420 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: A fee of €15 is not a significant impediment-----

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: Nor is a fee of €10 for medical card holders. There is no fee for those looking for personal information.

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 not going to start discussing private conversations I have had with anybody. She says what she says and that is that.

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 had better say something in response but will be brief. I understand Deputy McDonald's position. She has restated it, but I do not want her to misrepresent the position of a Bill or of the Government. Virtually every regime I have looked at has some sort of fee structure. Some have basic fees for administration and photocopying while some have more elaborate search and retrieval fees....

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: Deputy Donnelly and others are speaking with an agenda. It is their view, but there is more to the issue than the quantum of money. In the current economic regime in which we are living, it is reasonable to expect, as we do for other services, a contribution to the real net cost. The fact is that I am reducing the fees across the board, except for the up-front fee, which has not been...

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 will be aware that one of the main intentions behind this legislation is to reverse the amendments to the Freedom of Information Act 1997 that were imposed in the 2003 Act, which was considered to represent a significant curtailment of the principle of the right of access to records provided for in the 1997 legislation. One of the main areas I have addressed relates to 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 saying that we have put the legislation back to what it was in 2003, verbatim. As the Deputy has outlined, Ministers have many opportunities to provide information to the public on policy decisions and actions. She will be aware that after the Government has made a decision on a policy issue, it is the practice for Ministers to make a detailed announcement, for the most part detailing...

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 not sure the proposal in question would add to the panoply of options I have described. Many factors, including the impact of a policy, are considered when a policy is being made. They are matters of routine analysis in the Houses of the Oireachtas. I am not sure what specifically would be looked for in such a request. If it is all the data germane to a particular policy decision...

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 not sure what is not captured that could be captured in this proposal.

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 move amendment No. 65: In page 49, to delete lines 24 to 29 and substitute the following:"(b) endanger the life or safety of any person, or (c) facilitate the commission of an offence.".The existing section 32(1)(c) and section 42(l) both deal with the protection of records disclosing the identity of a person who provided information to an FOI body but section 32 references 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: A certificate is only issued under section 34 in very exceptional circumstances and only where the record is of sufficient sensitivity or seriousness to justify such an action. In a case of that nature it would not be appropriate for the certificate to include a detailed explanation for the refusal to grant the record concerned as that would lead to the revelation of what information is to...

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: This is law enforcement or security and it would need to be certified.

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 are only certificates in place. The way it works is that there is a review panel in place. If the Minister for Justice and Equality certifies, it is reviewed by the Taoiseach and two other designated Ministers. I have been on that review panel in some instances and have read the file. If I am in agreement I am required to certify that I am in agreement, as is the Taoiseach and...

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 important that the code of practice provides guidance on the aspect of seeking personal information on the legislation. It is probably the most difficult and contentious area because there is sensitive information. The Deputy is correct that it should be dealt with under clear guidelines and that is what I propose.

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 understand what the Deputy is saying. Section 40(2) lists a range of records to which subsection (1) applies in addition to the class of records which could be protected under the original Act. This is because we are extending the scope of this Act to the NTMA group of companies. We have had discussions with those who will be affected and they have serious concerns regarding the impact...

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 NTMA was not included until I came along.

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: Thank you. Tús maith.

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: Section 41, as contained in section 32 of the original 1997 Act, upholds the operation of specific confidentiality and non-disclosure provisions in other legislation that has been passed, unless such provisions are listed in Schedule 3 of this Bill, in which case they are subordinate to this FOI regime. Provision is made in this legislation for the review of secrecy provisions in other Acts...

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 will wait to receive the proper guidance from the committee.

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 move amendment No. 71: In page 61, line 11, after “by” to insert “law of the European Union or”.This is an important technical amendment to provide explicitly in section 41 that FOI requests for records whose disclosure is prohibited under EU law shall also be refused. This is based on strong advice I have received.