Results 10,301-10,320 of 29,533 for speaker:Brendan Howlin

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

Brendan Howlin: It covers the majority of requests.

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

Brendan Howlin: There is slight confusion. The measure does not allow the Minister to prescribe new bodies; it is to provide a mechanism for bodies that are automatically captured but who might feel they should not be subject to freedom of information and who wish to dispute the case. Both sections 6(5) and 7(5) provide for the Minister to be the final arbiter in a dispute between the Information...

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

Brendan Howlin: Not when he or she is party to the dispute.

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

Brendan Howlin: Yes, it is disputing the decision of the Information Commissioner that it is subject to freedom of information.

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

Brendan Howlin: If it says it is not included as being subject to freedom of information.

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

Brendan Howlin: The Deputy is confusing two different issues again. This is simply a provision where the basic fact of whether a body is included or not is in dispute and the dispute is between the body which says it is not covered and the Information Commissioner. I am providing the matter should be determined by the Minister. It mirrors the situation set out in the Ombudsman legislation, which is the...

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

Brendan Howlin: Again, the Deputy's intention is captured by the amendment I propose. He should examine amendments Nos. 33 and 34. The procedure for the Minister to be able to act in this way is important because as Deputy Donnelly said, nothing is set in stone. The Deputy wants Dáil oversight of decisions. My amendments Nos. 33 and 34 to the relevant sections, 6 and 7, require a positive resolution...

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

Brendan Howlin: I move amendment No. 30:In page 17, line 4, after “entity” to insert “or a subsidiary of, or a body directly or indirectly controlled by, such an entity”.

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

Brendan Howlin: I move amendment No. 31:In page 17, line 6, after “or” to insert “to be exempted from the provisions of this Act, or”.

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

Brendan Howlin: I move amendment No. 32:In page 17, to delete lines 8 to 14 and substitute the following:“(b) An order made under paragraph (a) may—(i) specify the inclusion or exclusion of elements of—(I) the entity concerned, or (II) a subsidiary of, or a body directly or indirectly controlled by, the entity concerned,and (ii) specify a date, which shall not be a date later than 6...

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

Brendan Howlin: I move amendment No. 33:In page 17, between lines 18 and 19, to insert the following: “(9) Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. (10) Where, after the passing of this Act, a company...

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

Brendan Howlin: I move amendment No. 34:In page 18, between lines 21 and 22, to insert the following: “(8) Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. (9) An order made under subsection (1) may specify a...

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

Brendan Howlin: I move amendment No. 35:In page 19, to delete lines 16 to 20 and substitute the following: “(2) A publication scheme shall include—(a) the classes of information that the FOI body has published or intends to publish, (b) the terms under which it will make such information available and, where the material is not available without charge, the charge, (c) a general description...

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

Brendan Howlin: I move amendment No. 39:In page 24, line 35, to delete “by the FOI body concerned”.It is simply to correct a drafting error. Clearly the legislation is designed to give access to records created on or after the effective date, regardless of whether they were created by the freedom of information body concerned.

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

Brendan Howlin: We dealt with the matter on Committee Stage. Writing captures the aim of the Deputy. It might seem like a simple thing for him to include "or electronically". The word "writing" is defined in Part 1 of the Schedule to the Interpretation Act 2005 and it includes printing, typewriting, lithography, photography, and other modes of representing or reproducing words in visible form, and any...

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

Brendan Howlin: As far as I am concerned, I want the freedom of information blanket to be spread over all bodies receiving public funds. I have determined we should exempt the Office of the President. As for the North-South bodies, amazing as it sounds, I have been advised that because they are creatures of the Good Friday Agreement, then I would have to re-open it to change the terms negotiated. They are...

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

Brendan Howlin: I move amendment No. 24:In page 15, line 30, after “established” to insert “(other than under the Companies Acts)”.This amendment is being proposed to the definition of "public body" in section 6(1)(c) to make it clear it includes a body established or appointed by the Government or a Minister other than a body established under the Companies Acts. The purpose of...

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

Brendan Howlin: I move amendment No. 25:In page 15, line 31, after “established” to insert “(other than under the Companies Acts)”.

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

Brendan Howlin: I move amendment No. 26:In page 16, between lines 7 and 8, to insert the following:“(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes of this Act. (b) A subsidiary of a parent entity, or a body directly or indirectly controlled by a parent entity, shall be a public...

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

Brendan Howlin: That is my advice.