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

Jim Higgins: They now have the report and are mulling over it. It is an injustice to the Minister of State, who is at a considerable disadvantage.

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

Jim Higgins: I am just making the point—

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

Jim Higgins: I ask the Acting Chairman whether it is possible for us to make a supplementary order amending the orders so that we would have a sos to digest and absorb the contents of this vital report to inform our deliberations.

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

Jim Higgins: Correct.

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

Jim Higgins: I second the motion.

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

Jim Higgins: Did the Minister of State have an opportunity to study the commissioner's report during the suspension of the House? It would appear from his comments that he did not. He said he had a general overview but in appendix 2 of the report, the commissioner makes a detailed analysis of the Bill, line by line, including the Long Title, and gives a critique of every section. His comments were...

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

Jim Higgins: On a point of clarification with regard to Standing Orders, may I ask for a specific declaration as to the time limit for submission of amendments for Committee Stage?

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

Jim Higgins: With all due respect, a Chathaoirligh— (Interruptions).

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

Jim Higgins: On a point of order, the Cathaoirleach is absolutely right – we have absolutely no control over the affairs of the finance committee. What we have, however, is control over the affairs of this House.

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

Jim Higgins: How can it be that we will be dealing with Report Stage of this legislation while the committee—

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

Jim Higgins: It is totally wrong.

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

Jim Higgins: Is Senator Henry's valid point on the Information Commissioner's suggestion on the definition of the words "person", "body corporate" and so on being accepted by the Minister of State or will he table his own amendment on Report Stage?

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

Jim Higgins: What is "econometric"?

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

Jim Higgins: The amendment is in my name also and jumps out at one straight away. This provision seems to impede people's right to know who had what jurisdiction or function within the operation of the Freedom of Information Act. The principal Act states: 4.–(1) A head may delegate in writing to a member of the staff of the public body concerned any of the functions of the head under this Act (other...

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

Jim Higgins: It is fine for the people who will dispense the information, but those seeking information about themselves will face huge consequences. The individual will be more restricted in the personal files he or she will be able to access. He will only be allowed to access files, subject to 11 exemptions, that contain information about him. Records that do not contain personal information, as defined...

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

Jim Higgins: It looked like one of the extraordinary omissions in the 1997 Act that no mechanism for the withdrawal of a request was in place. As we all know, much horse trading went on. One would receive a telephone call from the Department saying that information would be given to a person more quickly if he or she would withdraw the request. Certain Departments have been extremely facilitating in this...

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

Jim Higgins: That is the practical problem that could arise.

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

Jim Higgins: There might be three people seeking the information as well as the situation outlined by Senator Paddy Burke. It is a practical problem and we need to know what would happen in such a situation. What type of determination would be made? Would the information be made available or would the request be subject to withdrawal across the board?

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

Jim Higgins: It is not the information but the existence of the information.

Seanad: Order of Business. (12 Mar 2003)

Jim Higgins: Yesterday evening, after a long and tortuous debate, we reached section 6 of the Freedom of Information (Amendment) Bill. No doubt this Bill is one of the most important measures to come before the Oireachtas in the past 20 years because it cuts across the fundamental rights already established under the 1997 Act. The Bill is being introduced in this House. Therefore this is the first attempt...

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