Michael Ahern (Cork East, Fianna Fail)

The Information Commissioner. The commissioner's commentary gives a general overview of the main proposals in the Bill and a statement of his views on how decisions taken by him in the past would have been affected if the Government's proposed amendments had been operating at that time. The commentary is made under section 39 of the 1997 Act, which provides that the commissioner can prepare and publish commentaries on the practical operation of the provisions of the Act. On the first page of his commentary, the commissioner makes clear that he is not stating his view of the proposed legislation, as he says it would be entirely inappropriate for him to engage in public debate on the merits or demerits of the Bill.

The commissioner's document is quite long and complex and I am sure the House would agree it is not possible or appropriate for me to give a response to it at this early stage. After an initial examination it appears that many of the points he makes, particularly those in his general overview of the amendments to sections 19 and 20 of the 1997 Act, can be dealt with by preparing appropriate guidelines for Departments on how to operate the new amended Act. These guidelines are issued from time to time by the Department of Finance and have proved very effective in ensuring the implementation of the Act.

The commissioner's report will be studied by the Government. The commissioner has an important role to play in administering the Act and ensuring the procedures it lays down are properly implemented. His views clearly take account of his wide experience in the area.