Terry Leyden (Fianna Fail)

This is important. The commissioner's role, provided for in section 39 and as stated by the commissioner himself, applies to the Freedom of Information Act 1997 and not the Freedom of Information (Amendment) Bill 2003, which is before the Oireachtas. It is extraordinary that Opposition Senators are adopting the recommendations of a commissioner on a Bill which has not yet been enacted. The role of the commissioner is totally independent, but Opposition Senators are adopting an independent role as if the commissioner had the same power as the Oireachtas to change an Act. As has been stated clearly, the Government has the sole right to bring legislation before the Houses of the Oireachtas.