Michael Ahern (Cork East, Fianna Fail)

That is covered under subsection (c) in lines 35 to 39.

The provisions also reflect the expert opinion and experience of the five Secretaries General who conducted the review of the operation of provisions of the FOI Act impacting on sensitive areas of government. I will not accept the amendments as their effect would be to remove provisions which, as I have said, are based on the opinion of the Government and the five Secretaries General.

Section 12 also provides for a mandatory exemption for all Government records covered in section 19 (1) of the principal Act by substituting the words "shall refuse" with the words "may refuse" in subsection (1). This is based on the recommendations of the high level group. A mandatory refusal of such requests will clarify the de facto position whereby such records are rarely, if ever, released in response to an FOI request. It also amends section 19 of the principal Act, substituting the word "primarily" for the word "solely" in paragraph (c) of subsection (1). This amendment will allow for advice, created for the primary purpose of Government business, to be protected. The word "solely", in this context, can work to preclude records also created for incidental purposes and is considered overly restrictive.

I do not agree with Senator Higgins's analysis that the ten year rule would be equivalent to an iron curtain being brought down over decisions.