Seanad debates

Tuesday, 11 March 2003

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

 

With regard to today's report by the Information Commissioner, I draw Senator Leyden's attention to the third part. In the earlier parts the first three or four pages dealt with the background followed by a general overview. At the very end there was a piece on the original Act which Senator Leyden quoted to good effect. I now draw his attention to page 10 in which the commissioner did what the Senator considered inexcusable by passing comment on the current Bill. He saw this as part of his function under section 39 of the existing Act and commented on it in some detail. He referred to the High Court judgment to which the Minister of State also referred. The report stated, "Where the record does not name or has no expressed reference to the requester, a substantial link will be established if the record relates to something in which the requester has a substantial personal interest". That is the important aspect. That is what is in place at present, as distinct from something in which the person has an interest as a member of a general community or a large-scale class of people. In that sense, it would not be a matter on which the person could make demands. One can see that a very clear distinction is made in that regard. The commissioner went on to state, "It is clear that records which "relate to" personal information as currently provided encompasses a broader category of records than records which "contain" personal information". That is perfectly logical and nobody can argue with it.

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