Seanad debates

Tuesday, 4 March 2003

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

 

The amendment, which takes up approximately six lines of text in the Bill, could exclude a huge number of requests made under the existing Act, which is unacceptable. It is also fair to point out that most of what comes under the Department of Justice, Equality and Law Reform is already excluded. In the process leading up to the formulation of the Act in 1997, the Department of Justice, Equality and Law Reform and the Department of Defence argued they should be entitled to an exclusion because everything they did was sensitive. In fairness to the former Minister of State, Eithne Fitzgerald, they were not allowed to claim that class exemption, so to speak. When they claimed that a particular item of information was sensitive from the point of view of security, international affairs or whatever, they were required to show that it was in the public interest to retain it. We are moving away from that position and, therefore, it will be possible to give these Departments a class exemption so they can basically say to anyone who seeks information that they will not get it.

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