Seanad debates

Wednesday, 12 March 2003

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

 

It seems to me that there are three different parts of paragraph (a) which are cause for considerable concern. First, there is the substitution of "shall refuse" for "may refuse". Section 19 of the 1997 Act allows the Secretary General of a Department, at his discretion, to release all the records that are dealt with in that section, that is, records relating to decisions of Government and meetings of Government, if he decides that it is in the public interest to do so. To the best of my knowledge, Secretaries General or heads of Department, the people who make these decisions, have rarely, if ever, decided that information of that kind is to be made available. It seems to me, even in those circumstances, that it is still reasonable to allow the discretion to lie with the Secretary General to disclose such information if it is in the public interest.

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