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Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: For search and retrieval.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: It is still nil.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: Prior to the 2003 Act there was no fee for any of that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: This legislation is not proposing to go back to the no-fees system.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: -----but Ms O'Reilly seems happy that there is a commitment to a restoration to the pre-2003 situation. This legislation is not proposing to abolish all the fees.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: Is that a full endorsement from Ms O'Reilly?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: I have a question on the topic of search and retrieval fees, which I have raised on previous occasions. Last July I published a freedom of information (amendment) Bill which proposed a cap on search and retrieval fees. I submitted parliamentary questions last year requesting the average and the maximum level of search and retrieval fees in each Department. I give the Department of Social...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: I thank Mr. Rafferty for that clarification. The earlier speakers were not too sure.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: There was a lot of information in the document Ms O'Reilly read. Could she arrange for us to get a copy of it?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: It should be passed on to the secretariat because other people will want it also. There is significant information in it. Being upfront, I did not get it all because I did not have the chance to see it. On the issue of the section 32 review, can Ms O'Reilly give us a pen picture? In the letter she sent to us, she said that section 2 of the Act provides for the mandatory refusal of access...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: Ms O'Reilly said the review was done in 2005 and a review is required every five years. Whose job is it to do this review? Is it the fault of the Oireachtas it was not carried out? Is it our fault?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: It is not all the fault of the Chairman, but we have been negligent in our duty by not doing this.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: A review of section 32 is on our agenda, but it has been on it a long time.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: You are ready to come in to assist the committee. Is that correct? Are you available whenever necessary?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: Ms O'Reilly said in her letter this is a timely time to conduct a review, so that any amendments identified can be reflected in the new Bill. Therefore, Chairman, it is essential we should complete the review of these exemptions before the Bill is published. At our request, the commissioner has conducted a review of all of these exemptions. We have missed the deadline for our review, but we...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: I remember it took days to do this the last time it came up. Is it possible for it to be done swiftly? It is a big operation.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: We called some of them here.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: Therefore, it would be helpful to the process if this job was done before the legislation is published. However, that is not part of today's business. That is fine and we will study the detail of the issue separately. It is fine for the Oireachtas to pass legislation but we need to ensure the resources are there to provide for the operation of the legislation. An article in The Sunday...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: The Ombudsman cannot be happy with that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Freedom of Information (Amendment) Bill 2012: Discussion (6 Feb 2013)

Seán Fleming: The obvious comment to make on that is that if the office is having difficulty meeting its legal requirements because of the lack of staffing and financial resources currently, extending FOI to a lot of other bodies is a pointless exercise unless the resources are supplied to enable the existing legislation, not to mind the new legislation, work. There is no point in us passing legislation...

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