Seanad debates

Wednesday, 30 April 2008

Freedom of Information (Amendment) Bill 2008: Second Stage.

 

7:00 pm

Photo of John Gerard HanafinJohn Gerard Hanafin (Fianna Fail)

I would not be happy to change the Freedom of Information Act as to do so would create the potential for divulging confidential information, much of which is held by the Garda and the HSE. Other areas have also opened up, including business related activity. If for example, a company submits a tender and subsequently finds through a freedom of information request that it is first on the list, it could reach the conclusion that it will get the contract because it is the only company to have applied. Clear inferences can be drawn from information inadvertently released. The system as it currently stands is essential in a democracy. A Minister for a rural constituency, who has taken collective Cabinet responsibility, might decide the local hospital has to close in the interest of the State. In such a case, 100 years would not be sufficient for freedom of information because the decision would never be forgotten. Confidentiality is intended to protect the people who must make difficult decisions.

I agree with the Minister of State that vexatious claims have been made. It is recognised in legal circles that people can cost the courts vast sums of money with such claims. Certain people are rightly barred from making claims.

The €15 fee for freedom of information requests is reasonable.

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