Results 30,001-30,020 of 34,778 for speaker:Seán Fleming

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I will revert to this matter on Report Stage, but the Minister would be making better legislation were he to include such a provision. The House's long-established practice is for the Chairman of the Committee of Public Accounts to be a Member of the Opposition, including former Deputy Jim Mitchell and other distinguished Deputies. It is probably the only committee to have stood the test of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: It was after the current Dáil formed. The Committee of Public Accounts is a good model. I do not know whether legislation sets it out, but the fact that the Opposition chairs the committee probably helps it quite a bit. With no disrespect to this committee's Chairman, who is his own man, Government members can often come under pressure from Ministers. It is less likely that Ministers...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I move amendment No 1: In page 13, line 6 after "data" where it secondly occurs to insert the following:"and includes cloud computing storage devices".This amendment is very simple. The section deals with various records and storage facilities. The Minister has often spoken about IT and cloud computing in the Department. I wish to have it confirmed that cloud computing, wherever it is and...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Seán Fleming: I accept that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Some Departments wish to exclude items from the Third Schedule. Ms O'Reilly gave the example of the school inspection reports. These are not included but the Department has published them on its website. In a way it is better because one does not need to go through the FOI system and the website is more convenient, which is better for everyone.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Ms O'Reilly has touched on another good point. As a Deputy I have experience of seeking information from various bodies. The Committee of Public Accounts requests information from bodies which it is investigating and it may only receive a certain amount of the requested information. However, a journalist making an FOI request will be given more information. There is an anomaly. It seems...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: The report notes that many non-disclosure provisions have been introduced since 1997 and that 50% of the non-disclosure provisions have been introduced in the past five years. A Government has the right to have non-disclosure provisions. However, I recommend that there should be a formal mechanism for notifying the Information Commissioner when this is being applied. Legislation is being...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Is that in the annual report?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: There are non-disclosure provisions with regard to the European Central Bank. The Government is probably concerned regarding FOI requests for Central Bank information which might release information about the ECB and other countries.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: A number of these items which are excluded from the Third Schedule are EU directives. Why is information on EU directives being restricted? It seems bizarre. I compliment Ms O'Reilly on an excellent and concise report. I did not read every line of it but the gist of it is very clear and understandable.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: I welcome Ms O'Reilly. I ask her to explain the last paragraph on page 1 of her presentation more slowly because it is complicated. Section 32 is a very important provision because it subordinates the access provisions to the FOI Act to all non-disclosure provisions in other statute, apart from those included in the Third Schedule to the FOI Act. I ask her to break that down in steps for...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: As Information Commissioner, Ms O'Reilly's wish would be that more items would be included in the Third Schedule.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Fortunately or unfortunately I was on the committee which dealt with this issue. It was complicated and we had trouble drafting a report. I ask Ms Reilly to comment on, for the benefit of everyone else, any of the Departments mentioned. Page 34 refers to the Department of Health and says 24 non-disclosure provisions are already included in the Third Schedule. The Department has them, Ms...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: Ms O'Reilly is happy with that. The next schedule on page 36 refers to the Department of Health and states that the Department recommends the following non-disclosure provisions should not be put into the Third Schedule. Ms O'Reilly agrees with some of it and disagrees with other aspects.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: The Schedule where the Department wants to exclude something from the Third Schedule is the section we are discussing because we are agreed about the other aspects. The top of page 36 refers to the European Communities (Active Implantable Medical Devices) (Amendment) Regulations 2009. The Department wants to exclude it but Ms O'Reilly disagrees and wants to include it. I will not go into...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: That is No. 3 on page 37.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: I had a quick read of the report. Page 1 has an appendix of all Government Departments. I counted approximately 100 items in those Schedules to be included. Ms O'Reilly agrees with the Department's recommendation to exclude 48 items and disagreed with it on 52 items. It is a 50-50 split. The Chairman referred to a 36-50 split. The only point at issue today are the 52 cases on which Ms...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: I am on page 37 of the report.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: She agrees with the Adoption Act. We all understand there are privacy issues. I also referred to the official control of foodstuffs regulation and the Health Act. I asked her to take us through why she disagrees with the Department in those cases.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Non-Disclosure Provisions Under the Freedom of Information Act: Discussion with Information Commissioner (5 Jun 2013)

Seán Fleming: I agree with Ms O'Reilly. There is a note on page 39 about the Dentists and Nurses Acts and the Department expressed concern regarding information on fitness to practise. She said privacy issues and individual personal interests are already well covered, but the Department is afraid to let her adjudicate on it.