Seanad debates

Thursday, 20 March 2003

Freedom of Information (Amendment) Bill 2003: Report and Final Stages.

 

My opposition to this amendment is based on legal advice. I would prefer not to refer to the detail of that advice, but it is safe to say the regulations which effectively seek to modify the original enactment must be used with caution. I am also conscious of a mechanism within the FOI Act for reviewing the operation of secrecy provisions and other enactments and this mechanism is devolved to the Houses of the Oireachtas. Subsection (2) of section 32 of the principal Act conveys specific functions to the joint committee of the Houses of the Oireachtas to review the operational provisions in enactments and authorise or require the non-disclosure of records with a view to recommending their amendment or repeal, or their inclusion in the Third Schedule to the FOI Act.

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