Noel Dempsey (Meath West, Fianna Fail)

This type of section is common to many Acts. It appears, for example, in the Transport (Railway Infrastructure) Act 2001 regarding the establishment of the Railway Procurement Agency. It is extremely important that the operational effectiveness of the authority should not be undermined by the unauthorised or wilful release of confidential information by employees or by directors of the authority or any subsidiary of it. The authority may need to keep some information confidential for a variety of reasons and that is the norm in any business. The first four sections of the FOI Act contain standard clauses regarding this area. Section 38(5) provides for the secrecy provision for the section to be set aside for the purposes of the FOI Act. Since the FOI Act 1997 was passed that is a standard provision in any Act setting up a State body.

The effect of that provision — I believe this is what the Senator is getting at — is that if a document falls to be released under FOI in the normal course of events, the DTA cannot cite section 38 as a reason for not releasing it. I realise that it is a complex way of achieving this end but the Senator's concern about information being withheld in a wilful manner is met with the existing wording which is standard and which complies fully with the FOI Act. It does not restrict it in any way. On that basis I ask the Senator to withdraw his opposition.