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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...

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: 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: 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: 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: The Minister is changing the law. He has made good changes in abolishing the fee. I just cannot understand why he has allowed a search and retrieval fee for people seeking substantial medical records.

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

Seán Fleming: The Minister is changing it. He is saying it was butchered in the past, but he is coming back to un-butcher it now. I just do not understand why he did not take this out. This provision jars in the case of a person seeking his or her own medical records. Many people have many medical issues and there can be substantial records. They could be on CD or other format. There was a time when...

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

Seán Fleming: I know, but we are here changing the legislation. We are here to make the changes and not to copperfasten what was done in 1997. There have been many changes in this legislation. Before we come to decide on this amendment perhaps the Minister can take advice as to whether that subsection could be deleted. I do not know if he can do that. He cannot walk cleanly from this House today and...

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

Seán Fleming: So the Minister has withdrawn that.

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

Seán Fleming: Yes, but we are only seeing it here now. The Minister said he would do it and he is doing it here.

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

Seán Fleming: It is not there now. On Committee Stage I highlighted the case of a person who wanted to get their full personal file from the Department of Social Protection relating to a disability invalidity payment. The person was told their request had to go to two different sections - to the means-testing section and to the medical section in the Department - and that was construed internally as two...

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