Martin Mansergh (Fianna Fail)

It might be helpful to illuminate the discussion by outlining how freedom of information legislation works in a Department. The deletion has probably been proposed because the current clause does not correspond to the reality of the operation of the Act. In practice, freedom of information requests are handled de facto by a person in each of the divisions. Clearly, it is difficult for a formal co-ordinator of requests, in, for example, the Taoiseach's office, to make a decision on a matter which comes within the remit of the economic or European division. The same person could theoretically make a decision on a cultural or information society issue. In practice, however, a person who is familiar with the subject matter of the section or division in question has to make the decision.

Although consultation takes place among a number of individuals, normally a person in a middle-ranking position in the relevant section or division takes the decision, unless the matter is of major importance and must be referred to the Secretary General of the Department in question. It is unrealistic to assume that only one person is responsible overall. If authority is delegated, it means that the Secretary General of the Department is the identifiable person responsible. As such, the person who acts as the post office in the Department is immaterial. This is probably the reason the clause is being deleted.