Results 81-100 of 1,279 for speaker:Michael Ahern

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

Michael Ahern: It is a practical problem.

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

Michael Ahern: If the person who signed the request puts in a request to withdraw it, he or she will be entitled to withdraw it.

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

Michael Ahern: No. We are not talking about ownership of the information, we are talking about the request to get the information, which is different.

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

Michael Ahern: Is that not where the argument would be between, for example, the newspaper and the journalist?

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

Michael Ahern: Only a natural person can make a request to withdraw; a body corporate cannot.

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

Michael Ahern: In this case, the person who made the request is asking to withdraw it. He or she is not getting any information. As he or she is the individual who has requested the information, it is he or she who would put in the request to withdraw the original request.

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

Michael Ahern: No, the ownership of the information is a different issue.

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

Michael Ahern: That is where there is the legal difficulty.

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

Michael Ahern: I am not commenting on who owns the information. With regard to this section, the person who made the request has the authority to withdraw it. Question put. Tá

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

Michael Ahern: The purpose of the section is to ensure that in cases of a refusal to confirm or deny the existence or non-existence of a record, the provisions of sections 19, 20 and 21 of the Bill are invoked. Public bodies are not obliged to disclose the existence or non-existence of such records in a notification to a requester. This amendment is consequential on amendments proposed to sections Nos. 19,...

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

Michael Ahern: Regarding the public interest, the Information Commissioner can review the refusal.

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

Michael Ahern: Go to the Information Commissioner.

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

Michael Ahern: One can go to the Information Commissioner.

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

Michael Ahern: If the request is refused one can go to the Information Commissioner and ask him to follow it up.

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

Michael Ahern: We have given the three reasons – the disclosure of sensitive information might be injurious if it became available to a third party, whether that party is a company or individual. Information given in confidence might be injurious to the parties which gave that information if it became available.

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

Michael Ahern: Or the existence.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Michael Ahern: At present there can be a refusal to confirm or deny, for example, in relation to Cabinet records under section 19, for legal privilege under section 22, for security reasons under section 23 or for law enforcement reasons under section 24. The provision covering those areas is invoked subject to oversight by the Information Commissioner. The requester is to be informed he or she is being...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Michael Ahern: They are. Question put and agreed to. SECTION 7.

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Michael Ahern: I regret that I cannot accept the amendment as its effect would be to diminish the protection contained in section 7 against requests involving a substantial and unreasonable interference with the work of a public body as opposed to other work. The use of the term "other work" in this context has the potential to set the threshold much too high. It is correct that a substantial and...

Seanad: Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed). (12 Mar 2003)

Michael Ahern: This provision has not been invoked often. However, when it is invoked the public body in question must consult the requester and ask him or her to narrow down the scope of the request before it can be refused. From experience, requesters who make voluminous requests generally agree to narrow down the scope of their requests following consultation with the relevant public body. On the...