Seanad debates

Wednesday, 12 March 2003

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

 

10:30 am

Jim Higgins (Fine Gael)

Regarding the Attorney General's role in advising the Government on a range of issues and the Minister of State's comment that it is not the role of the Attorney General to provide certification, who said that? That has come from the Minister of State's advisers, but there is nothing to stop the Attorney General from being given this power. As Senator Brian Hayes said, the Attorney General is in a unique position in that he or she is of the Government yet detached from it as its legal adviser. The Attorney General is in a position to advise the Government in a dispassionate, non-political way on which issues are in the national interest. We have kept the provision both wide and precise enough on issues such as health, safety, national security and the vital economic interests of the State. Those are the categories in which we would ask the Attorney General for a clear definition.

I am sure the Attorney General often gives a written opinion to the Government. We want him to give a written opinion on whether the information sought comes under these categories, should not be released and comes under the extension of time from five years to ten years.

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