Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I would separate the issue of appeals from the issue of complaints. My belief is there is no need for an appeals mechanism because there is not a decision to be taken in terms of "Yes" or "No" or "Issue information" or "Do not issue information". If a relevant person applies under this legislation, he or she is now legally entitled to all the information on him or her held by the relevant body. There is nothing to be appealed. The information will be released.

In terms of a complaint, complaints are made about all State agencies. There may be complaints made about State agencies that will implement this legislation. I do not think a legislative requirement for a complaints mechanism is necessary.That can be dealt with under guidelines in the same way that if a complaint is made by a local authority - I am trying to cite other public bodies - there is not necessarily a legislative provision of the Local Government Act that states X has a right to make a complaint, but there are complaints mechanisms there for internal complaints. The question of trust applies, as if the complaints mechanism is internal there is a body like the Ombudsman that, as we know, oversees the application by State bodies of their statutory duties. The Ombudsman is there and these agencies fall within the Ombudsman's remit with respect to the manner in which they undertake their statutory obligations. That is my response on there not being a requirement for an appeal.

A complaints mechanism can and will be set out within the guidelines, as is the case with complaints under most State authorities. On the review, it can, in fairness, ascertain whether the statement I am making now is incorrect and it has not worked out like that. It needs to be a thorough review. That is why we brought forward the timeframe within which the review takes place. However, we are happy to look at greater detail on what the substance of the review of the entire legislation will be like and again making it explicit that review will be laid before the Houses of the Oireachtas. This will allow the Senator and other Members put questions to whoever is Minister then and discuss whether legislative changes to the Act are necessary.