Seanad debates

Tuesday, 4 March 2003

Freedom of Information (Amendment) Bill 2003: Second Stage (Resumed).

 

I am familiar with the 1997 legislation having worked closely with the Minister of the time. The matter of certificates is a critical one which relates to the Cabinet making a decision and the so-called deliberative process that goes with that. Much discussion and soul searching went into the matter of the issue of certificates at the time. This is critical also in regard to the legislation's application to the Department of Justice, Equality and Law Reform. The issue of a certificate, in the original 1997 legislation, was considered to be a rare but important event. The legislation recognised that there were times when things needed to be kept secret but it limited certificates to sensitive and security issues. It also had built-in safeguards, for example, in regard to the publication of certificates so that the public could see how many certificates were issued, by what Department, who okayed them and their general subject matter. We could see therefore that there was no abuse of their use.

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