Feargal Quinn (Independent) | Oireachtas source

I move amendment No. 14:

In page 21, between lines 17 and 18, to insert the following:"(5) If the material specified in paragraph (e) of subsection (2) is not published and made available in accordance with this section or the material so published and purporting to be the material aforesaid is incomplete or inaccurate and a person shows—
(a) that he or she was not aware of a rule, procedure, practice, guideline, interpretation or precedent referred to in subsection (2)(e)or of a particular requirement of the rule, and
(b) that, but for such non-publication, non-availability, incompleteness or incorrectness, as the case may be, he or she would have been so aware, the public body concerned shall, if and in so far as it is practicable to do so, ensure that the person is not subjected to any prejudice (not being a penalty imposed by a court upon conviction of an offence) by reason only of the application of the rule or requirement if the person could lawfully have avoided that prejudice if he or she had been aware of the rule or requirement.".

The amendment re-inserts an important provision in the original FOI legislation. The Bill removes the legal protection regarding the right to redress by a member of the public if an FOI body does not fulfil its legal right to print a publication scheme or produces such a scheme in an inadequate manner. The original Act provides the public with the opportunity to seek redress before the courts if the publication scheme is not in place or is inaccurate. The amendment will restore this provision. The Minister is going backwards by removing it and I urge him to properly consider the amendment to ensure citizens are able to exercise their full rights when it comes to accessing information. It is worthy of consideration.