Seanad debates
Tuesday, 4 March 2003
Freedom of Information (Amendment) Bill 2003: Second Stage (Resumed).
There are terms and conditions in the average civil servant's contract of employment which are also contrary to the spirit of the freedom of information Act. It is still the case that a civil servant has to sign a paper committing him or her to respect the Official Secrets Act. That paper spells out what a civil servant may or may not say and warns against casual conversation during the course of which a person might reveal something which is tantamount to an official secret. An official secret is extremely widely defined in the Act and effectively comes down to whatever a person's immediate boss considers should be secret. This is a strong weapon in the hands of senior civil servants and Ministers in ensuring that civil servants remain mum and work in a spirit that is clearly contrary to the notion of free discussion and freedom of information. That provision in a civil servant's contract should be looked as a matter of urgency. Some effort has been made in the context of SMI but it has not gone far enough.
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