Seanad debates
Tuesday, 4 March 2003
Freedom of Information (Amendment) Bill 2003: Second Stage (Resumed).
As I understand it, this is the view among the majority of Government Departments and it is unacceptable. As things stand, it is possible to appeal a decision of that nature on the basis that it is not in the public interest. It must be demonstrated by the Secretary General, or whoever is making the decision, that it was in the public interest to deprive the public of particular information. There is a quite insidious amendment in the Bill which will remove that aspect. Effectively, there is now no objective test and no appeal. It will simply be necessary for a Secretary General of a Department to sign a certificate stating that the deliberative process is continuing and that certificate cannot be questioned. The Secretary General is meant to issue a certificate when the deliberative process is over, but there is no guarantee he or she will do so. The result is that if anything is under consideration in any public body – even though the section refers to Departments of State – it will be possible for the Secretary General to simply sign a piece of paper saying that the deliberative process is ongoing and, thus, protect entire swathes of information.
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