Tom Parlon (Laois-Offaly, Progressive Democrats)

The Senator repeated his comments a number of times when he was trying to goad somebody into making a response. I think he repeated his comments on four different occasions.

There is a real concern that the freedom of information legislation has had a detrimental effect on the business of Government. Records are being created not only for the purpose of providing advice or an informed background to a decision but people are keeping an eye on how the advice will look or play in the media. That is a real problem. People are looking at how it will come out under the freedom of information legislation and at how somebody who seeks that information, the media or otherwise, will portray what was sound advice for Government in terms of making decisions. That is not a good way for any organisation, Government or otherwise, to conduct its business.

Stronger protection for records created during the deliberative process is, therefore, necessary but such protection will only apply during the decision making process. Once a decision has been taken, records will fall to be released. There is no change there. The bulk, or 99.9%, of the 52,000 requests made in the different areas would still be possible.

A number of key themes emerged in the contributions, including consultation, the introduction of up-front frees and the certification by Secretaries General of the deliberative process. There has been much focus on the question of consultation. The Government must take decisions on how to order its business in a sensible and practical way. The freedom of information legislation cannot be the major determinant for the Government decision making process. If one is afraid of what will come out—

(Interruptions).