Brian Lenihan Jnr (Dublin West, Fianna Fail)

The Senator has anticipated me. The Minister's intention is to commence those provisions from the date of establishment.

Regarding the other amendment, which is perhaps more interesting, I must disappoint Senators by confessing that I do not share their unbridled enthusiasm for the Freedom of Information Act 1997. In my view, the preparation and analysis of written material is very important to good decision making. If we insist on extending freedom of information legislation to the preparatory discussions of decision-making bodies, we will damage their decision-making capacity. The rumour, reporting and spin that Senators so deplore will become more important in decision making. If one cannot have candid written analysis of decisions beforehand and if every note is written with a view to future publication, inevitably things will be said rather than written down. That is not a good way of arriving at decisions, which is why we have inserted section 30, which is modelled on section 5(3) of the Public Service Management Act 1997. It is designed to protect the deliberative process under which a corporate plan will be drafted to enable the executive to fully explore all the issues involved. This is a necessary protection because it allows the executive to fully explore all the issues and weigh up the different priorities in terms of health service delivery before it finalises its corporate plan. I agree with Senators that the corporate plan is a fundamental document relating to a large sum of money. The executive should be allowed to have a protected internal discussion on and written record of those issues. Were we to accept the amendment, those preparing the various memoranda for the executive would be aware of the fact that their arguments would be subject to public scrutiny, analysis and debate soon after their publication. As night follows day, that would inevitably colour the candour and openness with which opinions were expressed in such memoranda.

I am a great admirer of the freedom of information legislation and do not want to be taken as part of a nefarious conspiracy by the Government to undermine it because I am not. It is useful information and in general our Administration has suffered down the years from an obsessive culture of secrecy. In regard to making decisions, we have to give the public service space to formulate its arguments in a candid way and put them before the persons responsible for making decisions. That is why I am not accepting the amendment.