Terry Leyden (Fianna Fail)

The Labour Party opposes section 2, yet its members' arguments are based on the recommendations or suggestions of the Information Commissioner. Section 33 of the Act states that the commissioner shall be independent in the performance of his or her functions. That notwithstanding, some Opposition Senators have brought the independence of the Information Commissioner into question by adopting, without question, suggestions he has made under section 39 of the FOI Act, which itself states that the commissioner may prepare or publish commentaries on the practical application and on the operation of any particular provision of this Act.