Seanad debates

Tuesday, 11 March 2003

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

 

To take the example of the category of information obtained in confidence, as it is termed in the Act, the relevant section in the principal Act states that the head of a Department should refuse to grant information if the information had been given in confidence to a Department of State. It also states that if the head of a Department decides to refuse to grant information, he or she must set out the reasons, in the public interest, that he or she made that refusal. In effect, by allowing a head of a Department to give a neither confirm nor deny response, it will not be necessary – certainly it will not be open to independent scrutiny – for the head of a Department to decide to set out why he or she is making a particular decision or to what the public interest test that has been applied amounts. In many cases, it could amount to virtually nothing.

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