Seanad debates

Tuesday, 4 March 2003

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

 

2:30 pm

Photo of James BannonJames Bannon (Fine Gael)

It is unbelievable that a Government could attempt to limit the electorate's access to information in order to avoid further political embarrassment. The ready availability of and access to official information provided by and for the people and paid for by the taxpayer is not a privilege accorded by Government – it is a fundamental right of modern democracy.

The Freedom of Information Act 1997 brought Ireland into line with other common law jurisdictions, although somewhat later than most. Australia, Canada and New Zealand, which, like Ireland have a Westminster model of government, have had equivalent legislation in place since 1982 and they were not burdened in the way our taxpayers have been over the past decade and a half with tribunal after tribunal. No one is repaying the cost of those to the State. It has been shown that people have been involved in wrongdoing but they have not been prosecuted or returned what is owed to the State.

The erosion of the powers granted by this Act will have repercussions that will extend from central Government to local authorities. Every department, health board etc. will operate behind the closed doors of this amended Act. While on the one hand the Government is attempting to curb access to what it perceives as sensitive material, on the other hand it is proposing to charge for the information it is prepared to release. In a further erosion of the citizens' right to information, the Government is proposing as yet undetermined charges for future applications under the Act.

The Minister should remember that it is pay-back time in regard to the illegal planning charges that were found unconstitutional by Europe. The Government seems to have learned nothing from the debacle surrounding the imposition of planning objection fees and is again apparently trying to discourage, inhibit and prevent what should be an automatic right for every citizen.

As it stands, the message being sent out by this Bill is that the Government will do anything to prevent material which is potentially embarrassing being exposed to the critical light of day. Big Daddy is watching you, but on no account are you to watch big Daddy is the new definition of democracy.

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