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)

I would hate to let what Senator Leyden said stand unchallenged. Section 39 of the principal Act refers to what we are discussing. It reads, "The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, of this Act." We are discussing this in amending the principal Act. That it is coming in the guise of a Bill is relevant, I am sure, but should not preclude the commissioner from making a comment. I do not accept that he can be precluded on the basis that he cannot speak on a Bill but can speak on a report. The commissioner is doing what he is entitled to do. I presume the difficulty is a reflection of his exclusion from the assessment. I do not know what the difficulty is and do not know the relationship between the commissioner and the Government.

This proves again that if the House had been given the opportunity to discuss the issues I wished to table by way of amendment then we would not have these difficulties. Senator Leyden would have much less difficulty and I am sure he would have agreed with a certain number of them. I have no inclination to be co-operative in dealing with this as I have found myself being ruled out on, I believe, unfair and inequitable grounds. I have been told the ruling applied to me will not apply to other legislation that comes before the House.

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