Results 1,761-1,780 of 49,836 for speaker:Stephen Donnelly

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)

Stephen Donnelly: I thank the Minister.

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)

Stephen Donnelly: I have a quick question on the process. If the grouping was amendments Nos. 33 and 47 to 52, inclusive, are members not going through them?

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)

Stephen Donnelly: The other ones must be gone through first.

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)

Stephen Donnelly: So how are they grouped?

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)

Stephen Donnelly: Does that mean members have just had the full discussion on all that then?

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)

Stephen Donnelly: Does that mean members have had the full discussion on the issue of 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)

Stephen Donnelly: I apologise, my mistake.

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)

Stephen Donnelly: My question relates to the previous amendment, so I will ask it when discussing the section. I have a similar question about Deputy Mary Lou McDonald's amendment, which proposes the deletion of lines 13 to 16. Are there guidelines available on frivolous or vexatious requests?

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)

Stephen Donnelly: If someone is refused on the basis that his request is frivolous, is he told 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)

Stephen Donnelly: When a requester receives a reply, is any guidance provided to him or her? Is there a link to a definition of "frivolous or vexatious behaviour" so the decision can be challenged and so one can determine whether the matter is worth taking to 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)

Stephen Donnelly: What I am suggesting might prevent some cases that are doomed to failure from going to the Information Commissioner. If a bank writes to a distressed borrower at present, self-empowering information must be given. The bank must state the law and the customer’s rights and give links to relevant information. Similarly, an FOI officer should state the reason for refusal to the maker 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)

Stephen Donnelly: That is normal.

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)

Stephen Donnelly: We all understand what "frivolous" and "vexatious" mean. I accept the Minister's important point that we are not all hearing from serious freedom of information people that this is something that is being abused. None the less, given Deputy Creed's point, in individual cases an information officer somewhere could abuse something that is open to interpretation. I was thinking about 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)

Stephen Donnelly: Yes. I have not fully thought this through. Are we going down a dangerous path in saying that because someone is going to use this in a way that we do not think is appropriate, we will deny them the right to do 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)

Stephen Donnelly: I want to go through a few of the subsections with the Minister, but I have not tabled amendments to delete them. I just want to discuss them. As I looked at them, I thought there was good stuff in them if I was an officer or an official who just did not want to give out any information. We have talked about section 15(1)(c) which states that a request may be refused if: In the opinion 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)

Stephen Donnelly: Are they publicly available?

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)

Stephen Donnelly: Great. The request can be refused on the grounds that publication of the record is required by law and is intended to be effected not later than 12 weeks after the receipt of the request. Why is that included? Why not just release it under the FOI legislation anyway?

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)

Stephen Donnelly: Will the Minister give an example?

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)

Stephen Donnelly: Publication record required by 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)

Stephen Donnelly: I am not sure that this one has not caused problems. Certainly, some of the people to whom I have spoken would talk about delaying tactics being used in order that if something is live and a story has momentum, if the information can be sufficiently delayed, although not ultimately refused, it becomes less useful. Is this just a reiteration of what in contained in the 1997 legislation?