Jim Higgins (Fine Gael)

I second the amendment. The beautifully constructed phrase and neat contrivance "deliberative process" is the same as asking how long is a piece of string. Deliberative process is an ingenious creation which acts a blocking device when civil servants decide they do not want to release the information on the basis of a deliberative process which can continue indefinitely.

I agree with Senator O'Meara's point about the ludicrous power of one Secretary General to tie the hands of another. In 2000, I tabled a question to the then Minister for Public Enterprise on a tender which was submitted by ESB International for the acquisition of several power plants near Gdansk in Poland. I sought information under FOI because I felt the Taoiseach had been less than forthcoming and truthful in relation to utterances he was making inside the Dáil and outside it and there had been a great deal of controversy about the matter. The tender had been well prepared and it is well-known that it was the best presented tender the Polish authorities received and had the best prospect of getting the nod. The Irish ambassador to Poland lobbied hard on its behalf and at the last minute, on the instruction of the Minister's Department, the plug was pulled on it because it was felt that the ESB was over-stretching itself.

I sought and received the file from the Department of Public Enterprise which was extensive and enlightening. By virtue of the fact that the Irish ambassador to Poland was involved in the lobbying process, I sought the file from the Department of Foreign Affairs but was refused on the basis that it would damage international relations. This was despite the fact that I already had an extensive file from the Department of Public Enterprise. If this legislation is passed, as sure as night follows day, the Secretary General of the Department of Foreign Affairs could tie the hands of the Secretary General of the Department of Public Enterprise and nothing would be released as a consequence.