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

Terry Leyden: Given the importance of the proposed changes to the Act, and having regard to statutory reporting functions contained in sections 39 and 40, it would be totally inappropriate to incorporate recommendations by an independent commissioner in the Bill before the House.

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

Terry Leyden: Let the debate continue. This is grossly unfair.

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

Terry Leyden: It is grossly unfair of the Labour Party to object to and filibuster this Bill. It opposes section 1 so that the Bill cannot be debated. That is totally undemocratic. We should vote on the section now so the debate can proceed.

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

Terry Leyden: On a point of order—

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

Terry Leyden: The Labour Party opposes section 2, yet its members' arguments are based on the recommendations or suggestions of the Information Commissioner. Section 33 of the Act states that the commissioner shall be independent in the performance of his or her functions. That notwithstanding, some Opposition Senators have brought the independence of the Information Commissioner into question by adopting,...

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

Terry Leyden: I have been involved with legislation for many years.

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

Terry Leyden: This is important. The commissioner's role, provided for in section 39 and as stated by the commissioner himself, applies to the Freedom of Information Act 1997 and not the Freedom of Information (Amendment) Bill 2003, which is before the Oireachtas. It is extraordinary that Opposition Senators are adopting the recommendations of a commissioner on a Bill which has not yet been enacted. The...

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

Terry Leyden: The commissioner may prepare a report on the results and effects of the Freedom of Information (Amendment) Bill 2003 when it is enacted, rather than prior to its becoming an Act of the Oireachtas. That is a fundamental difference and it is important people realise the role of the commissioner, which point the commissioner has made himself. He would be embarrassed to know that Senators are...

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

Terry Leyden: The commissioner has mentioned—

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

Terry Leyden: On a point of information—

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

Terry Leyden: I will be calmer in my approach than Senator O'Toole. Page nine of the commissioner's report refers to section 2 of the Bill which includes a proposal to amend the definition of "record". This is the same presentation in the definition of "record" by adding after "two or more" in section 2 of the Act "to clarify that a photocopy or other reproductive record of details with the same date of...

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

Terry Leyden: I am trying to clarify something.

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

Terry Leyden: I am dealing with section 2 and the views expressed by the commissioner in his report. Senator O'Toole's amendments were not circulated so I do not how we could comment on them.

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

Terry Leyden: We are dealing with section 2, which is opposed by the Labour Party. Is that correct?

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

Terry Leyden: Someone made the point that the commissioner is referring to the existing Act, which is extraordinary because he refers to proposed changes. Surely he means that the Act is to be changed. Maybe I am wrong, but this surely is beyond his remit. An independent commissioner has been established, yet the Opposition is taking his views to be more significant than the Government's.

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

Terry Leyden: Whether one likes it or not, the Government has proposed a Bill, as is its right to do. That is what we should be debating here and I recommend that section 2 stand part of the Bill.

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

Terry Leyden: They have not been circulated.

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

Terry Leyden: The amendment tabled by the Labour Party states quite clearly that the section is opposed, yet the Opposition is trying to tease out the situation.

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

Terry Leyden: I am happy with section 2, which has been prepared excellently. It should be put to the House.

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

Terry Leyden: This is a filibuster and I know exactly what is involved.

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