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Select Committee on Legislation and Security debate -
Tuesday, 25 Mar 1997

SECTION 6.

Amendments Nos. 7 to 11, inclusive, are related to amendment No. 6 and all may be discussed together.

I move amendment No. 6:

In page 12, subsection (4), line 7, to delete "after" and substitute "not more than two years before".

Section 6(4) defines the types of records to which the public may have access. Subject to certain limited exceptions, people will not be entitled to get access to records created before the commencement of the Act. Amendments were made to this subsection in the Seanad and during the debate the Minister said it was the Government's intention that access to past records should be provided on a rolling basis — two years, four years, six years, etc.

The Minister of State has gone some way to meet concerns raised by the Opposition on this point. However, further consideration is warranted. It is important the public has confidence in the Bill from the outset. We are years behind other democracies in providing a legal right of access to information. If the Bill comes into force with an exclusion on access to past records, almost every request for access to information will be turned down in the first year or two of its operation. Requests will not be turned down on the grounds that information sought was prepared in confidence, is commercially sensitive and so on but on the grounds that the Bill does not cover records created before its implementation. This will have a negative impact.

It is difficult to understand the reason for the blanket approach adopted in section 6(4). At the very least, the Minister of State's rolling back approach should start when the Bill comes into force. In other words, people should be entitled to access documents which are not more than two years old. The Minister said in the Seanad that it was a question of putting filing systems, etc., in order. Departments and other authorities will have one year to do so after the Bill is passed while local authorities will have 18 months. There is room for improvement in this area.

I hope the Minister will take my point on board. If we are really moving into a brave new world in which the heart of the Official Secrets Act will be torn out, etc., the public will be disappointed to find that for two years after the Bill is passed information will not be available because the legislation has no effect on information prior to its passing. There should be at least a two year roll back.

I appreciate what Deputy O'Donnell is trying to achieve. I will look at this again before Report Stage to see if we can move further. I would like to correct the impression that no information will be available when the Bill comes into effect. Personal information, whenever created, will become available and experience abroad suggests that 90 per cent of information sought is personal. Current information becomes available as does other information necessary to understand a current file. Relevant information on a current file, whenever created, will be made available. A fair amount of information will be made available when the Bill is passed. Deputy O'Donnell made a good case and I will engage in further consultation to see if we can make further progress on Report Stage.

Amendment, by leave, withdrawn.
Amendments Nos. 7 to 11, inclusive, not moved.

I move amendment No. 12:

In page 12, subsection (6)(a), lines 33 and 34, to delete "the performance of his or her functions" and substitute" an evaluation of the performance of his or her functions generally or a particular such function".

This is a technical amendment.

Amendment agreed to.
Section 6, as amended, agreed to.
Section 7 agreed to.
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