Results 12,241-12,260 of 29,533 for speaker:Brendan Howlin

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: That was from a gourmand.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: In fairness, we must have the legislation to shape it.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: As I said, "frivolous" and "vexatious" are the terms that were in the original legislation. They have been in existence since 1997 and have not caused a difficulty. I do not think anybody here has heard of a difficulty concerning them. The Information Commissioner has given guidelines on what would constitute "frivolous" and "vexatious" requests. We will incorporate those into the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: To be vexatious?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: With regard to Deputy Mary Lou McDonald's question, it is important that an FOI body be in a position to refuse certain FOI requests on administrative grounds. The ability to refuse a request on set administrative grounds is not a new provision but has been in the legislation since 1997. The Information Commissioner specifically supports the provision. The outgoing commissioner made this...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: Yes. One must quote the legal basis for the refusal. As I stated, the provision is in the original Act of 1997. I believed it would be in this Bill but it is not.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I believe one would appeal to the Information Commissioner. This is not a court of law; it is very open. As I stated in reply to the previous question, proper dialogue with a trained FOI officer would give pointers to people such that they would know what cannot be asked because it is vexatious. If a requester believes an official was rude to him and if he can point to a series of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: That is the norm.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I would have said "voluminous" rather than "vexatious".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: The Deputy makes it sound like the “Life of Brian”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: We all understand what "vexatious" means in general terms.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: Never, Deputy. Let me give an example from outside the FOI area. I am aware of an individual who decided that he did not like a particular planning authority and declared publicly that he would forever more appeal every planning application granted by that local authority other than applications for a garden shed. When one makes that declaration in advance, obviously one is not looking at...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: For a straightforward request, the current legislation requires one to give the answer, not an acknowledgement, within four weeks.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: Give the information requested.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: That goes to the other point I made already.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: There is a haphazardness about it.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: "Haphazardness" is too strong a word. There is a lack of consistency about the application now. That is why this new legislation will require a standard code of practice and training for FOI officers so that they are all on the same system, understand what is required and understand the law.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: When this is enacted, we will review it in a year.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: That is a promise in terms of all new legislation now.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: Deputy McDonald is correct in recognising that there will be circumstances where a request would be so burdensome that it is legitimately refused. I am of the view that if the processing of such a request is likely to cause substantial and unreasonable interference with the work of the body concerned, then it is correct that such a refusal be made. The Deputy has acknowledged that. If the...