Seanad debates

Tuesday, 11 March 2003

Freedom of Information (Amendment) Bill 2003: Committee Stage.

 

2:30 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

This is crucial. The Cathaoirleach ruled that we could discuss the amendment but we could not put it before the House. It was read out by Senator Henry. The amendment is almost the same as in the Interpretation Act 1937. It states:

The word "person" shall, unless the contrary intention appears, [those few words are not being proposed here] be construed as importing a body corporate (whether a corporation aggregate or a corporation sole) and an unincorporated body of persons as well as an individual;

Two things have arisen. First, the Department is saying that using that definition without the words "unless the contrary intention appears" creates practical and legal difficulties. I will get just one shot at debating this on Report Stage and I want to know where these legal difficulties originated. Did they come from the Office of the Attorney General or did they emerge from within the Department of Finance? What precisely were these legal difficulties?

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