Results 1,221-1,240 of 1,279 for speaker:Michael Ahern

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: He did not give the full judgment.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: We will get the full judgment for Senator O'Toole. He will be able to make an exact judgment on it then.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: In this section we are talking about the right of people to personal information. There should be no ambiguity about the information that is supplied. The word "contain" would ensure no ambiguity, whereas "relate to" would allow for ambiguity. The case to which I referred dealt with what was in the mind of the person creating a record relating to another person.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: The purpose of this section is to provide for an amendment to section 7 of the principal Act. It provides that a member of the public can withdraw a request, as set out in section 5 of the Bill. This is in line with provisions in section 14(8) and 34(5) in the principal Act whereby a member of the public may withdraw an application for internal or external review by the Information...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: That is where there is a legal problem.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: It is a practical problem.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: If the person who signed the request puts in a request to withdraw it, he or she will be entitled to withdraw it.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: No. We are not talking about ownership of the information, we are talking about the request to get the information, which is different.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: Is that not where the argument would be between, for example, the newspaper and the journalist?

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: Only a natural person can make a request to withdraw; a body corporate cannot.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: In this case, the person who made the request is asking to withdraw it. He or she is not getting any information. As he or she is the individual who has requested the information, it is he or she who would put in the request to withdraw the original request.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: No, the ownership of the information is a different issue.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: That is where there is the legal difficulty.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: I am not commenting on who owns the information. With regard to this section, the person who made the request has the authority to withdraw it. Question put. Tá

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: The purpose of the section is to ensure that in cases of a refusal to confirm or deny the existence or non-existence of a record, the provisions of sections 19, 20 and 21 of the Bill are invoked. Public bodies are not obliged to disclose the existence or non-existence of such records in a notification to a requester. This amendment is consequential on amendments proposed to sections Nos. 19,...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: Regarding the public interest, the Information Commissioner can review the refusal.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: Go to the Information Commissioner.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: One can go to the Information Commissioner.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: If the request is refused one can go to the Information Commissioner and ask him to follow it up.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage. (11 Mar 2003)

Michael Ahern: We have given the three reasons – the disclosure of sensitive information might be injurious if it became available to a third party, whether that party is a company or individual. Information given in confidence might be injurious to the parties which gave that information if it became available.