David Norris (Independent) | Oireachtas source

I move amendment No. 16:

In page 73, line 7, after “fine” to insert “and/or 6 months in prison”.

This is a point where I felt that the penalties were not sufficiently severe. The section states, on page 73 line 5: "Where an FOI request has been made in respect of a record, a person who without lawful excuse and with intention to deceive destroys or materially alters a record shall be guilty of an offence and be liable on summary conviction to a class B fine." That is just a slap on the wrist. There may very well be cases where a slap on the wrist is appropriate because the offence is quite a minor one. In such circumstances and in terms of defacing or destroying of public records, the fact that one may face merely such a fine will allow for many situations in which officials would find it worth their while to act accordingly and accept the fine. By contrast, to have a provision allowing for the possibility of a six months prison sentence would strengthen the Government's hand and protect records which need to be protected. I urge the Minister to look favourably on my amendment.