Seanad debates
Wednesday, 12 March 2003
Freedom of Information (Amendment) Bill 2003: Committee Stage (Resumed).
Paragraph (aa) contains the new definition of communication between two members of Government or a sub-group of Government. It seems that the protection offered by this new definition will cease once the deliberative process is over. The original section 19 states that "[a] head may refuse to grant a request . if the record concerned . has been, or is proposed to be, submitted to the Government". The reference to communication between Ministers does not state "has been" but is phrased entirely in the present tense. That a communication between, say, the Minister for Finance, Deputy McCreevy, and the Minister for Health and Children, Deputy Martin, may have been intended to be submitted to Government in the past and was not is no longer relevant. I would like confirmation from the Minister of State's officials that my understanding of this is correct: once the deliberative process is over, communications of this kind between Ministers should be available and are not caught by the ten year rule set out in later amendments.
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