Brendan Howlin (Wexford, Labour) | Oireachtas source

I understand the very clear point made by Senator Norris, and it is a balance between inhibiting proper ventilation of issues for fear they might come into the public domain and putting all options on the table with the need for the public to know what options are considered. The Senator is not right to state he wants to revert to the status quo. This is the status quo, in as much as I am undoing the amendment made by the Fianna Fáil-led Government in 2003. The original legislation was not as restricted. The balance I have struck is about right. I understand the point made, and there will be occasions when people may not want to commit to paper some of their views for fear it may be covered by freedom of information, but on balance one could make an argument against freedom of information in its totality if one believes this to be the case. By and large, best practice internationally shows the usefulness and utility of freedom of information. For this reason I do not propose to accept the amendment tabled by Senators Norris and Barrett.
With regard to amendment No. 10, Senator Byrne made a very strong point on Committee Stage on private papers and a requirement of the Houses of the Oireachtas in their Standing Orders to define what they are.

I do not know whether the Senators have made any progress in terms of raising this matter at the CPP of each of the Houses, subsequent to our last discussion. That is somewhere it could be debated.
There is a definition of private papers that is referenced in this legislation, a definition that I forgot to mention on the last occasion. I inserted it into the Houses of the Oireachtas Inquiries Act. Section 42(k) of this Bill provides that FOI does not apply to:

a record relating to any of the private papers (within the meaning of Article 15.10 of the Constitution) of a member of either House of the Oireachtas or an official document of either or both of such Houses that is required by the rules or Standing Orders of either or both of such Houses to be treated as confidential.

The definition of private papers in the Oireachtas legislation that is enacted, and without prejudice of course to the powers of both Houses, individually and separately, to make rules and Standing Orders pursuant to the enabling provision of the Constitution in Article 15.10, in the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 contains a definition of "private paper" for the purposes of that Act. In acknowledgement of that, section 42(l) of this FOI Bill provided that the FOI Act does not apply, "unless consent has been lawfully given for its disclosure, a record relating to any private paper or confidential communication, within the meaning of Part 10 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013". There is a definition. It is reasonably comprehensive because it replicates what we debated on the inquiries Act. It is still open to the Houses of the Oireachtas to set their own rules on the implementation of the enabling provision of the Constitution.