Seanad debates

Tuesday, 11 March 2003

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

 

2:30 pm

Jim Higgins (Fine Gael)

The amendment is in my name also and jumps out at one straight away. This provision seems to impede people's right to know who had what jurisdiction or function within the operation of the Freedom of Information Act.

The principal Act states:

4.–(1) A head may delegate in writing to a member of the staff of the public body concerned any of the functions of the head under this Act (other than this section and section 25).

(2) A delegation under subsection (1) ("a delegation") may–

(a) relate to functions generally or specified functions or be in respect of records generally or specified classes of records or specified records, and

(b) be to a specified member or specified members of the staff of the public body concerned or to such members who are of a specified rank or grade or of a rank or grade not lower than a specified rank or grade,

Subsection (3) then states:

A delegation may be revoked in whole or in part or amended in writing by the head for the time being of the public body concerned.

The subsection it is proposed to delete states:

(5) The head concerned shall cause notice of a delegation or of a revocation or amendment under subsection (3) to be published in Iris Oifigiúil not later than 4 weeks after the making of the delegation, revocation or amendment, as the case may be.

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