Results 61-80 of 1,279 for speaker:Michael Ahern

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

Michael Ahern: There is no need for me to provide such information. Senators should not treat the House like a national school.

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

Michael Ahern: The practical difficulties concern what will happen between the journalist and the newspaper. They will end up in court – that is the practical difficulty.

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

Michael Ahern: Yes.

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

Michael Ahern: That is legal as well. It is a matter for the court.

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

Michael Ahern: It is an example.

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

Michael Ahern: Who owns the information where a journalist leaves a newspaper – the journalist or the newspaper?

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

Michael Ahern: Who says that? The newspaper will say it is their property because the journalist represented the newspaper. The newspaper will say they own it and the journalist will say he owns it, but if the journalist has gone the legal and practical difficulties arise.

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

Michael Ahern: I will not accept this amendment as it would result in retaining the requirement that notice of a delegation under section 4 of the principal Act be published in Iris Oifigiúil. This requirement has been burdensome and of questionable value. Senators opposed may wish to note the Information Commissioner concurs with this view and has also proposed the deletion of this requirement, as...

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

Michael Ahern: I will take note of that and come back on Report Stage. Question put and agreed to. SECTION 4. Question proposed: "That section 4 stand part of the Bill."

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

Michael Ahern: Section 4 amends section 6 of the principal Act by substituting the word "contain" for the words "relate to" in subsection (5)(v). This amendment is necessary to clarify that a personal record created prior to the date of commencement of the principal Act, 21 April 1998, can be accessed if the information in the record satisfied the definition of personal information contained in section 2 of...

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

Michael Ahern: I must repeat that the purpose of this provision is not to restrict information. The provision is causing considerable uncertainty. Case law now requires, for example, that a decision-maker try to determine what was in the mind of the person creating the record in relation to a particular person. As I mentioned earlier, there is case law in an appeal to the High Court. As a result, it has...

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

Michael Ahern: Yes.

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

Michael Ahern: I have been informed that what the Senator cited there is only part of the finding of the High Court—

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

Michael Ahern: —and we would have to take the whole finding into account. We will get that for the Senator.

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

Michael Ahern: Senator O'Toole's quotation from the Commissioner's report is only a partial summary of the judgment.

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

Michael Ahern: He did not give the full judgment.

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

Michael Ahern: We will get the full judgment for Senator O'Toole. He will be able to make an exact judgment on it then.

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

Michael Ahern: In this section we are talking about the right of people to personal information. There should be no ambiguity about the information that is supplied. The word "contain" would ensure no ambiguity, whereas "relate to" would allow for ambiguity. The case to which I referred dealt with what was in the mind of the person creating a record relating to another person.

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

Michael Ahern: The purpose of this section is to provide for an amendment to section 7 of the principal Act. It provides that a member of the public can withdraw a request, as set out in section 5 of the Bill. This is in line with provisions in section 14(8) and 34(5) in the principal Act whereby a member of the public may withdraw an application for internal or external review by the Information...

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

Michael Ahern: That is where there is a legal problem.