Results 4,461-4,480 of 4,717 for speaker:Martin Mansergh

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: The amendment is based on the Labour Party Private Members' Bill, which is a clever and ingenious parliamentary device such as one might expect from the leader of that party. However, it concedes the principle that five years is too short. Ten years will still be at the liberal end of the spectrum with regard to international practice.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: While I understand the reasoning behind the amendment, we are discussing freedom of deliberation for Government consistent with freedom of information across the board. It is artificial to pick out particular areas which would require judgment; a simple rule would cover the entire business of Government. The ten-year period is reasonable and is liberal by international standards. We should...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: They are lesser people.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: Rubbish.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: It is not embarrassing.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: As with every other Bill that comes before this House, I am sure the question of its constitutionality or otherwise has been carefully examined by the Attorney General. I am not a lawyer, neither is Senator Higgins. The question has been raised but one can take it that there has been clear advice on the subject.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: Modern government is quite complex.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: The fallacy of the argument being made is that it assumes that anything done, said or written by officials, special advisers, spin doctors or whatever is covered by this exemption whereas in fact the clause is very tightly drawn. It states: "(b) a committee of officials . appointed by the Government for the purpose of assisting the Government in relation to a particular matter that has been...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: I am being factual. It is not a pejorative statement, it is a factual statement.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: The crux of the argument is that it is not possible to separate the deliberation of Government to purely what takes place at the Cabinet table. Much spadework has to be done before going into Cabinet and the important decisions are almost never taken at the first meeting. Some matters are discussed several times before a decision is made and senior officials have to tease out details. We are...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: And will continue to do so.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: I do not read it that way. Senator O'Meara quoted the 1997 debates. We have seen in practice in the last two days something that is not always understood – the job of the Opposition is to be devil's advocate. She has played that role well.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: It is not necessarily a reflector of what that party would do if it was in government. It is the Opposition's job to put the opposite point of view to that of Government.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: It is their role to put independent points of view. As Senator Dardis is tied by being in the Chair, I will give my understanding of the Progressive Democrats ideology.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: I understand it as a liberal ideology. The party is associated with the Liberal group in the European Parliament.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: The end result will be very liberal. I read this key section in a much more restrictive fashion. It is not meant to cover the reports of expert groups or advisory groups. The interpretation of this section will be decided by the Information Commissioner when disputed cases arise.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: Where a difficult decision comes to Government and issues are referred back for further study to a committee of Ministers, Ministers and officials or even senior officials, that is different from the reports of expert groups.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: This section should be interpreted very tightly as relating strictly to the deliberative process at Cabinet and intermediate stage.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: That is what it states. The Opposition talks about blanket exemptions but there is none. If any official tried to operate a blanket exception, he or she would be shot down by the Information Commissioner.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Martin Mansergh: In my experience it is very rare that there are outsiders at meetings of officials or of officials and Ministers. To address the concerns of the House, section 12(2)(c) could be clarified.