Dick Roche (Wicklow, Fianna Fail)

That is a fair and interesting question, which is another way of saying that I am not sure. When the Minister is here tomorrow, the Senator might ask him then.

I cannot see how the Freedom of Information Act could be used in a way that would have an inimical or frustrating effect on the work of a commission. The Freedom of Information Act provides for the release of information with certain discretion as to whether it will have a negative effect. It is not an absolute; a freedom of information request is just that — a request — particularly where it touches on functions of a judicial or quasi-judicial nature.

It would be difficult to give an absolutely certain reply to the question because it would depend on the circumstances of the case. When freedom of information requests are being processed there is a distinction between the administrative element, which can be requested, and issues relating to judicial policy. It is impossible for me to say that the Act will apply either in every circumstance or under no circumstances.

The Freedom of Information Act is clear on this in so far as it is believed by the Parliamentary Counsel to have an impact on this legislation. Other circumstances are purely hypothetical and, therefore, it is difficult to give a definitive answer. I cannot see where any other freedom of information issue would arise.