Results 1,401-1,420 of 1,683 for speaker:Derek McDowell

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I am pleased with what the Minister has said and I do not intend to press the amendment. However, it would be possible to define the TSG papers as records of Government under the terms of the Act if someone were minded to do so.

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I second the amendment. As Senator Henry pointed out, the Information Commissioner made this recommendation. It is specifically intended to take any reference to 28(5)(b) out of the Act in so far as there is no reference to public interest therein. It is intended primarily as a cleaning up exercise.

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I move amendment No. 7: In page 5, between lines 28 and 29, to insert the following: 3. – Section 3 of the Principal Act is amended in subsection (1) by the addition after paragraph (a) of the following paragraph: (aa) by regulations amend the Third Schedule so as to insert therein reference to any additional provision of enactment as appears to the Minister to be appropriate having regard...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: This amendment, also proposed by the Information Commissioner, relates to section 32 of the original Act and allows the Minister to make regulations which would be added to the Third Schedule to the Act, which sets out those enactments of the Oireachtas which are automatically overridden by the provisions of the Freedom of Information Act 1997. This would allow the Minister, by regulation, to...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: Anybody listening to these deliberations would be at pains to understand what we are talking about. When the Act was being drawn up in 1997, there were concerns about various detailed provisions in other Acts which limit the availability of information. The purpose in drawing up a Third Schedule to the Act at that stage was to draw up a list of enactments which effectively were automatically...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I move amendment No. 8: In page 5, to delete lines 29 and 30.

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: This seeks to delete section 3 of the Bill, which relates to the head of a particular Department delegating to an official lower down in the hierarchy of the Civil Service the power to make a decision. My understanding is that, in most Departments, this is delegated to principal officers in charge of particular sections.

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I move amendment No. 10: In page 5, to delete lines 31 to 33 and in page 6, to delete lines 1 to 10. This, the first substantive amendment we have reached, proposes to delete section 4 of the Bill which redefines what constitutes personal information. The Minister will doubtless be aware that this is causing considerable concern. I am particularly concerned about the comments of the leader of...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I thank the Minister for his detailed response. We are replacing a situation where discretion must be used with a situation which, I accept, has greater clarity. Whether or not it is the Minister's intention, however, the effect of this will be to restrict the availability of some records. Mr. O'Gorman simply pointed to the types of records which he felt could—

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: The definition, as it currently stands, includes personal information and information relating to personal information. That has to be a broader category of information than records that simply contain personal information. It leaves an extra bit of discretion to decision makers.

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: This is not unusual in the Bill. It is full of subjective tests. The Bill requires decision makers to make decisions all the time as to what is in the public interest, for example. That is not clearly defined, so there is discretion. Decision makers must exercise discretion all the time. The area of personal information is one in which decision makers should be encouraged to exercise their...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I move amendment No. 12: In page 6, to delete lines 20 to 47. We had a lengthy discussion on this provision on Committee Stage. This is the "neither confirm nor deny" provision which is extended to several sections of the Bill. I move the amendment simply to allow the Minister an opportunity to give us the benefit of his speaking note. In conversation with his officials they explained to me...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: The section I propose to delete allows someone to decide neither to confirm nor deny that there is a particular record. That provision is already contained in the existing Act but this section would extend the areas where the refusal to confirm or deny that there is a record would apply, to the three new areas of commercially sensitive information, personal information and matters dealing...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: My concern – I appreciate the Minister's forbearance in hearing it – is that this allows decision makers a huge breadth of discretion in neither confirming nor denying that there is a particular record. While I know the section is intended to cover particular cases, I would like the Minister to outline what he considers those cases to be, rather than allow a section to stand without...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I move amendment No. 13:

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: On the substantive issue I am pleased to hear the Minister confirm that charges will be minimal or nominal.

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: It would be good news, even if it is only to be extended to the four categories as set out by Senator White. I am at a loss why he picks out County Mayo as being a part of the country where services are abused.

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I move amendment No. 14: In page 7, between lines 31 and 32 to insert the following 8.–Section 12 of the Principal Act is amended in subsection (2)(b)(ii) by the insertion after "concerned" of "which, in the opinion of the head, would be likely to result in significant impairment of the rights of the copyright holder". This is a technical amendment that arises out of the Information...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: The Information Commissioner, I assume, proposed this on the basis of some experience. I assume the experience is that copyright has been technically infringed by public bodies in circumstances where nobody objected. He is simply looking to provide cover to the public bodies in circumstances like that by requiring that copyright be infringed in such a way that causes loss. I would ask the...

Seanad: Freedom of Information (Amendment) Bill 2003: Report and Final Stages. (20 Mar 2003)

Derek McDowell: I move amendment No. 19: In page 8, between lines 38 and 39 to insert the following: 12.–Section 17 of the Principal Act is amended in subsection (5) by the deletion of "under this Act". This refers to the Information Commissioner's report and deals with section 17 of the original Act. It allows requesters to require the amendment of records in circumstances where records become available...