Seanad debates

Thursday, 20 March 2003

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

 

I share the views of the Information Commissioner and the Opposition Members of this House in relation to the extension of the definition of Government. It is tightly defined in Article 28 of the Constitution and the Interpretation Act 1937. The extension of the definition of Government, to the range and extent that is proposed in this section, will, as the Information Commissioner stated, make it constitutionally unrecognisable. Section 12 also defines an official as "a person holding a position in the Civil Service of the Government or the Civil Service of the State", "a special advisor within the meaning of section 19 of the Ethics in Public Office Act 1995", or "a person who is a member of such other (if any) classes of person as may be prescribed". The final phrase of the provision, which relates to people who will be recognised officially in this legislation as being in the Government, is too loosely phrased.

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