Results 19,241-19,260 of 29,533 for speaker:Brendan Howlin

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

Brendan Howlin: That was a previous amendment.

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

Brendan Howlin: I withdrew that on Committee Stage.

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

Brendan Howlin: It is not there now.

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

Brendan Howlin: I thank the Deputies for their comments, with which I will deal seriatim. I thank Deputy Donnelly for welcoming, in the main, the amendments I have tabled. He referred to the step change and it is by design, as having discussed this matter with the United Kingdom in particular, the idea is to make it much more user-friendly for freedom of information. To be blunt, I do not want people to...

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

Brendan Howlin: The personal information is a separate matter. What was the first point?

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

Brendan Howlin: No, I have a different note about subsection (4). The first note was about whatever the Deputy said in respect of the 1997 Act being-----

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

Brendan Howlin: -----replicated. I cannot remember what the point was but I will come back to it. The Deputy made two further points, one of which pertained to the proposed section 27(4), which concerns personal information. That provision is mirroring the 1997 Act and it is a matter of reasonableness. All personal information will be free, by and large. This has been the position since 1997 but there...

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

Brendan Howlin: I will finish my point when the Deputies opposite have spoken.

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

Brendan Howlin: I wanted to finish my reply to Deputy Catherine Murphy but she has left the Chamber. She made a point about different ceilings. Deputies will be aware that it is my intention to extend the scope of the freedom of information regime to a much wider group of organisations, including bodies that receive significant sums from the Exchequer, some of which will be charities. It may be necessary...

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

Brendan Howlin: While one can be theoretical about this issue, in practice there should be open dialogue between the requester and requested body. The latter should, if necessary, inform a requester that his or her request involves a great deal of work and ask precisely what information is sought. Good organisations do this already. The requester can then detail what is the net information he or she seeks...

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

Brendan Howlin: Amendments Nos. 49 and 51 seek to delete or amend the right of a public body to refuse a freedom of information request on certain administrative grounds. Amendment No. 49, which has been tabled by Deputy Donnelly, proposes to delete the provision which allows a body to refuse a request where the processing of the request would be likely to cause a substantial and unreasonable interference...

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

Brendan Howlin: There is an appeal route.

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

Brendan Howlin: I was not clear when I responded earlier. We will do that in the code of conduct.

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

Brendan Howlin: That is what I have just said. As regards Deputy McDonald's point, the original 1997 Act used the term "frivolous or vexatious", which is often used in legislation. I have come across cases, although rare, when somebody takes a down on a public official and says, "I am going to put in FOI requests every day about everything that you do". I have seen it happen. There has to be some...

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

Brendan Howlin: It is on the basis of practicality. I consider the deletion of the section I inserted on Committee Stage as being a retrograde step. We had this discussion on Committee Stage. I accepted that the wording of section 17(4), published originally in the Bill in July 2013, gave an erroneous impression that access to FOI records concerning electronic recording was being somewhat restricted. Far...

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

Brendan Howlin: I move amendment No. 56:In page 43, to delete lines 3 to 41, to delete page 44, and in page 45, to delete lines 1 to 17 and substitute the following:“Fees and charges 27.(1) Such amount as may be appropriate having regard to the provisions of this section shall be charged by the FOI body concerned under this subsection and paid by the requester concerned to the body in respect of the...

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

Brendan Howlin: I move amendment No. 70:In page 46, line 36, to delete "concerned".The purpose of this amendment is to correct a drafting issue. Section 20 of the 1997 Act provided that a head may refuse to grant a freedom of information request if the record concerned contains matter relating to "the deliberative processes of the public body concerned". That text was amended in the 2003 Act to refer to...

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

Brendan Howlin: I move amendment No. 71:In page 54, line 22, to delete "Parts 1 or 2" and substitute "Part 1 or 2".

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

Brendan Howlin: The potential for release of personal information under freedom of information is one of the most sensitive aspects of the regime. The provisions included in the current Act were carefully crafted to provide a very high but not absolute level of protection for personal information. Notwithstanding the many complex and difficult issues that have arisen in the area of personal information over...

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

Brendan Howlin: Section 40(1), which is also contained in the 1997 Act, provides that access to a record may be withheld if its release could have a serious adverse effect on the ability of the Government to manage the national economy or financial interests of the State, could result in undue disturbance of the ordinary course of business, could reasonably be expected to have a negative impact on decisions...