Results 12,401-12,420 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 (12 Nov 2013)

Brendan Howlin: This amendment would make it a requirement that every single order proposed to be made be subject to a positive resolution. Where there are substantial issues such as the inclusion or exclusion of anybody or any organisation, it will require a positive resolution of the Houses. Where minor changes need to be made, they will not require a positive resolution unless someone tables a...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: It means formally tabling an order in the House that will require a vote.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: I move amendment No. 7: In page 15, lines 26 to 28, to delete all words from and including “Subject” in line 26 down to and including “Act:” in line 28 and substitute the following:“Subject to subsections (2) and (3), each of the following (other than an entity specified in Part 2 of Schedule 1, a subsidiary of such an entity, a body directly or indirectly...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: Irish Water was only recently established and another Bill is under way in the Houses which will provide for a structured reporting mechanism to the Oireachtas and the regulatory authorities. That Bill will assign responsibility for economic regulation to the Commission for Energy Regulation, putting Irish Water in the same position as regards clarity and transparency in economic performance...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: Amendment No. 9 seeks to include the Office of the President in the definition of a public body under section 6. Section 42 sets out several areas where the Freedom of Information Act does not apply. This amendment would provide for the removal of the records relating to the President from this section. This matter has already been dealt with under section 6. The general view is that the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: The model freedom of information legislation is the United Kingdom’s and it exempts the Head of State from it.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: Some countries do include the Head of State in their freedom of information legislation. However, on balance, a case was made, not by the President, that the general practice had been that the Houses did not encroach on the independence of the Office of the President. Including this amendment would be perceived as an intrusion on that office.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: For the reasons I have outlined, the intentions of the Deputy will be met by the administrative procedures I have set out. I do not need to establish a new office of data manager.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: I will not accept them for the reasons I have laid out.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: I was not sure of the Deputy's intention in tabling these amendments. My Department has communicated with the General Register Office to ascertain whether any difficulties arise in this regard. The office is part of the Department of Social Protection and, as such, it is covered by freedom of information provisions. I note that the committee's report recommended that the General Register...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: The general records of the General Register Office - that is, the register of births and so forth - are public documents which are subject to freedom of information legislation and readily accessible. One can check these documents without recourse to the legislation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: I approached this on the basis that there would have to be an element of retrospection, but not one that presented such a burden for organisations that they simply could not cope. Obviously, the maintenance of records dating back to the date suggested presents a real issue. There is nothing particularly scientific about the date of April 2008 other than that it was the tenth anniversary of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: It is too far back in that it presents a burden.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: That is fine.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: I agree with the points being made by the Deputies that the role of the FOI central policy unit, which now exists in my Department, needs to be enhanced in terms of establishing, supporting and securing compliance with good practice in public bodies. We will be producing the code of practice. I will lay it before the committee and we will discuss it. Members will, no doubt, be talking in...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: The vast majority of public bodies being brought within the remit of FOI legislation for the first time will be subject to it within six months of the enactment of the legislation. This is to allow these bodies time to make the administrative preparations required for the application of FOI legislation. The Bill allows the Minister the power to make an order to extend the preparation time...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: I want it to be done as soon as is possible, but I do not want to place burdens on some that are impractical. If bodies argue the case that it will take two years, I will tell them that it must be done within one year. I will be rigorous in that regard, as I think people will accept.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Brendan Howlin: It was always my intention to develop publication guidelines for model publication schemes as soon as possible after enactment of the Bill. As the Deputy and committee members are aware, the concept of a publication scheme is new and will require careful attention by all public bodies subject to FOI legislation once the Bill is enacted. What might be appropriate for some Departments will...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Business of Select Sub-Committee (12 Nov 2013)

Brendan Howlin: It was always the way.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Business of Select Sub-Committee (12 Nov 2013)

Brendan Howlin: It is amendment No. 33.