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Seanad: Order of Business (30 Sep 2014)

Thomas Byrne: There are already Fine Gael votes in the ballot box. If Mr. McNulty wins will there be another by-election? Is that what is going to happen?

Seanad: Order of Business (30 Sep 2014)

Thomas Byrne: I understand Mr. McNulty has withdrawn from the by-election - according to Twitter - so we will see how this changes things. It is the right and honourable thing for him to do. He was put in a terrible situation by the Taoiseach and the Minister for Arts, Heritage and Gaeltacht Affairs, who owe him and his family a complete and wholehearted apology. He has been put through the mill...

Seanad: Business of Seanad (30 Sep 2014)

Thomas Byrne: I do not request preferment but by ruling out the matter I wished to raise, the Cathaoirleach has decided the Seanad cannot discuss a matter directly relating to it that has been widely discussed in public in the past week.

Seanad: Business of Seanad (30 Sep 2014)

Thomas Byrne: The Minister for Arts, Heritage and the Gaeltacht, Deputy Heather Humphreys, is at the centre of a national controversy relating to the Seanad, and the Cathaoirleach will not allow a debate on the matter.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: Particularly the smaller ones.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: The constitutional provision does not provide a carte blanche; the constitutional provision is there if we decide to enforce it and change Standing Orders.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: I want to be very clear in case the media misunderstand. This has nothing to do with expenses or financial records or anything like that. If anyone makes that mistake he or she will be in trouble and the Minister knows I am clear on this. It is about our private papers, the records we hold about constituents and the papers associated with our parliamentary work. The Constitution does not...

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: To be clear, we are not trying to hide information that has been generally available to the public over many years.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: For instance, if someone made a freedom of information request on my diary or on Senator Bacik's diary or on e-mails or papers in our respective offices; it could be argued that the Constitution did not envisage e-mails.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: I raised this issue with the Minister of the time when I was in the Dáil. I might ask the Chairman of the CPP as the Cathaoirleach, to examine it, to ensure the House has a proper provision while not restricting the normal information about Members of the Houses that journalists may request under freedom of information. I will not press amendment No. 21 but I am depending on the...

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: I wish to raise an issue about some of the smaller port companies that are akin to local authorities. While I picked them out without researching each one, there are proposals to merge some of these authorities with local authorities. Some of them are extremely small, are not really commercial semi-State bodies, although that might be their title, and manage areas that in many cases could...

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: I acknowledge what the Minister has changed in respect of the section. The Minister encountered significant and justified opposition to the original proposal. Fianna Fáil and Sinn Féin opposed it strongly, as did many freedom of information advocates. What was originally proposed was wrong but, in fairness, what the Minister has come back with-----

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: It was not; it was a disimprovement. I am about to praise the Minister.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: The reality is that no one will be turned away from freedom of information because of the section. This proves that the Shinners - let us call them what they are - are against everything.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: No fair assessment of the section could criticise it. We provided fair criticism of the section in the Dáil because what was originally proposed was outrageous. The Minister listened and changed it, and we should acknowledge that rather than saying "No". That is not the talk of a government, and it is no wonder Sinn Féin is thinking about pulling out of the Northern Ireland Executive.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: I move amendment No. 21: In page 50, line 11, after “member” where it firstly occurs to insert “of Dáil Éireann, Seanad Eireann, or”.I am curious as to why the private papers of Members of the Oireachtas are not mentioned in the section. They were not mentioned in the original Bill. They are mentioned in the Constitution but the Constitution does not...

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: That is the point. There are no Standing Orders in that regard.

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: Can the Minister not accept the amendment to cover it in the other section?

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: In this section, are we not giving an exemption to the private papers of MEPs and councillors? The section states that a head shall refuse to grant a freedom of information request if the record concerned consists of the private papers of a Member of the European Parliament or a member of a local authority. What is the effect of that?

Seanad: Freedom of Information Bill 2013: Committee Stage (25 Sep 2014)

Thomas Byrne: Why can the Minister not include Members of the Oireachtas? It is a different matter if we make Standing Orders. This matter is about freedom of information and those documents would be privileged from court action.

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