Seanad debates

Tuesday, 4 March 2003

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

 

Although I do not have time to develop it, section 13 is full of holes. It is incorrect and it does not make sense. Section 13(1A)(c) states that a certificate under this subsection shall be final. That is not correct. The previous two subparagraphs refer to certificates which can be revoked. That is incorrect. It is unclear, confusing and it does not make sense. The section also refers to matters relating to the deliberative process of a Department. That is not what it is intended to do. It is talking about a matter that is under the deliberative process but it is written down as "the deliberative processes". The deliberative processes is the way the Department works and it has nothing to do with issues. Paragraphs (a), (b) and (c) of section 13 are confusing, contradictory and will not work. This movement away from the senior official is unacceptable.

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