Michael Ahern (Cork East, Fianna Fail)

The Freedom of Information Act 1997 states that the definition of a "record" applies to records created after 21 April 1998. In a High Court case, some doubt was cast on whether or not an exact replica of a record was a new record for the purposes of the 1997 Act. The commissioner has drawn attention to the potential difficulties if this was found to be binding in law. For example, a record created before 21 April 1998 could, merely by being photocopied, be brought within the scope of the Freedom of Information Act, which would create an anomaly which this amendment seeks to address.