Seanad debates
Tuesday, 4 March 2003
Freedom of Information (Amendment) Bill 2003: Second Stage (Resumed).
Another issue with which I have some difficulty and with which the public might as well is the extent to which the question of whether something is in the public interest or whether it should be released resides with the Secretary General. Having been in that position, I know the difficulties that raises for the individual. If, for instance, it was a Minister, he or she could be questioned in the House and asked to justify his or her position but, by definition, a civil servant cannot be. That is why there is a need for a referee, the Information Commissioner or some such person, to adjudicate on whether the national interest would be imperilled by the release of information. There are times, of course, when it would. Having worked in Northern Ireland, I also know that there are times when the disclosure of personal information could be extremely dangerous to people. There must be a means of dealing with that. Ordinary, reasonable people would accept that. What they find harder to accept is the blanket nature of the exceptions and the fact there is no court of appeal or no referee outside the system. After all, if one pleads national interest in court, the court will at least want to know prima facie on what one is basing it.
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