Mary Henry (Independent)

I cannot understand the reason Senator Mansergh appeared to believe that a Member on this side was querying the competence of the Minister of State. I have congratulated the Minister of State on his intelligence already in bringing through a previous Bill. We do not harbour personal resentment towards him. He is a competent Minister of State. The question, however, is whether the Bill was purposely sent into this House because the Government was ashamed to introduce it in the other House and has now left the field for other pastures?

At the beginning of the report, which has just come into our hands, the Information Commissioner states:

I am conscious that many commentators would like me to state my views on the proposed legislation. I do not intend to do so. It would be entirely inappropriate for me to engage in public debate on the merits or demerits of the Bill. The Constitution provides that the sole and exclusive power of making law for the State is vested in the Oireachtas and it is the role of the Information Commissioner in relation to the Freedom of Information Act to implement the legislation passed by the Oireachtas in an independent and impartial manner.

He then states:

Given the importance of the proposed changes to the Act, however, and having regard to my statutory reporting relationships with the Houses of the Oireachtas, I have decided to publish a commentary under section 39 of the Act. Section 39 provides that:

The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, of this Act, including commentaries based on the experience of holders of the office of Commissioner in relation to reviews, and decisions following reviews, of such holders under section 34.

How could anyone on the Government benches want to proceed with this legislation when the person of most importance in terms of considering the workings of the Act has provided us with this information?