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

Mary Lou McDonald: We have discussed this matter of exemptions up and down. I too have significant reservations around blanket exemptions. The supposition should be inclusion, bar where it can be demonstrated there are reasons of commercial sensitivity - that old chestnut - or other reasons as set out in the legislation. Organisations should have to bring forward actively reasons under sections 32, 36, 37 or...

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

Mary Lou McDonald: I move amendment No. 69:In page 45, between lines 17 and 18, to insert the following:"28. The body will provide information regarding policy decisions and actions, to include but not exclusive to financial decisions and service delivery which impact on citizens in all instances.".

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

Mary Lou McDonald: The Minister is right - all of our views on this matter have been thoroughly aired. The idea that a request would be rejected because the head says it is "frivolous or vexatious, or forms part of a pattern of manifestly unreasonable requests", is open to subjective calls and judgments.

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

Mary Lou McDonald: I appreciate all of that. I do not think it is wise to have this in the legislation. I already cited section 15 which addresses the issue of administrative burden. It is dangerous, however, to make calls like that. I will give a real-life example of it. A number of survivors of the Bethany Home, and one in particular, made numerous FOI requests. I am told they were dismissed by the...

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

Mary Lou McDonald: I move amendment No. 51:In page 30, to delete lines 13 to 16.

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

Mary Lou McDonald: Yes.

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

Mary Lou McDonald: The Minister did not respond to my question, although I know in any event what would be his response. I draw his attention to section 15, which allows a head to refuse to grant a freedom of information request on administrative grounds. Among other factors, an administrative refusal may be made where "in the opinion of the head, granting the request would, by reason of the number or nature...

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

Mary Lou McDonald: I will also be brief and will cut to the chase as Members discussed this issue at length on Committee Stage. I am opposed to the charging of any fees in respect of freedom of information, FOI, requests. On Committee Stage, it was established that the charging of fees is not about cost recovery and the report the Minister compiled, which I acknowledge, makes that point again. The Minister...

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

Mary Lou McDonald: I am not questioning the Minister's commitment to open data and to the routine sharing of data sets. I agree wholeheartedly that is a necessary and exciting innovation.

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

Mary Lou McDonald: That said, and following on from some of the contributions from Deputy Sean Fleming, we all recognise that there is a cultural resistance to varying degrees around the sharing of information. To address that aspect the Minister indicated where data is to be freely shared. This should at some point, at least in theory, render FOI legislation, if not redundant, certainly less critical in the...

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

Mary Lou McDonald: I move amendment No. 13:In page 12, between lines 9 and 10, to insert the following:" "Minister’s FOI Data Manager" means the person appointed by the Minister for Public Expenditure and Reform within his or her Department responsible for collating and publishing all FOI related data;".We have discussed this proposal previously. This amendment refers to "his or her Department". When I...

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

Mary Lou McDonald: It is a note to self. The notion underpinning this amendment is that there should be some coherence in the collation of data about freedom of information requests that are granted, refused or delivered on. We discussed this proposal on Committee Stage. This amendment seeks to provide for such coherence and define in legislation how it can be achieved.

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

Mary Lou McDonald: I welcome the Minister’s amendment.

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

Mary Lou McDonald: I move amendment No. 9:In page 10, line 35, to delete “21 April 2008” and substitute “1 January 2007”.This concerns the date applied to an entity not considered as a public body within the meaning of the 1997 Act but which will be considered as a public body under the new legislation. The Minister indicated previously that his choice of 21 April 2008 was random,...

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

Mary Lou McDonald: I have no doubt that there would be some resistance to retrospection and by definition any level of retrospection brings with it an administrative workload. Will the Minister consider that again, bearing in mind that this Act is part of the architecture to which the general public as well as the political class or journalistic fraternity look for confidence in the public system, for...

Written Answers — Department of Health: Proposed Legislation (16 Jul 2014)

Mary Lou McDonald: 302. To ask the Minister for Health further to Parliamentary Question No. 784 of 8 July 2014, when and the way his Department will advertise the scheme for access to health care services for surviving victims living abroad under the forthcoming Redress for Women who Were in Certain Institutions Bill 2014; if his Department or the Department of Justice and Equality will write to every woman...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Pre-Budget Submissions: Discussion (15 Jul 2014)

Mary Lou McDonald: I see this in the synopsis. From where does IBEC envisage those cuts coming? What is Ms Burke's view?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Pre-Budget Submissions: Discussion (15 Jul 2014)

Mary Lou McDonald: Should some of it come out of the health budget which, as Ms Burke, knows is-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Pre-Budget Submissions: Discussion (15 Jul 2014)

Mary Lou McDonald: We would probably agree on that point but when one puts forward a proposal, it has to be reality checked as to its deliverability. I am curious to know from where the €385 million should come. We face an additional Estimate for health because it has been undercalculated again. This is a yearly occurrence. Has IBEC given any thought as to where we should find that money?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Pre-Budget Submissions: Discussion (15 Jul 2014)

Mary Lou McDonald: Could I just put to Ms Burke the potential flaw in IBEC's argument in the following terms? On the face of it, Ms Burke talks about an adjustment of €200 million when one nets it all out but for many people, the more significant figures are actually the adjustment figures. I refer to the €500 million in respect of water charges. I also refer the few shillings in the pockets...

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