MINISTER FOR PUBLIC Expenditure and Reform Brendan Howlin has withdrawn an amendment to the Freedom of Information Bill regarding multiple charges.
As the committee addressing the bill reconvened this evening, the Minister announced that as a result of “confusion and misinterpretation” of the intention of the amendment, it is to be withdrawn.
Howlin said the intention of the amendment was create multiple charges for separate topics in a single request, not increase the cost of FOI. “You simply can’t bolt on completely separate and contemporaneous matters and bundle them together as one request,” he said.
Howlin,however, has backtracked on the amendment plan saying that he has acknowledged concerns that the amendment could cause problems beyond his intention:
What I’ve listened to carefully, not only by members of the committee but also what has been written, and there has been lots written, is that there is a genuine fear that this actual amendment that I put forward will not be interpreted in that way. That somehow, subsets of the same issue will not be interpreted in that way.
“That is not the intention of Government, that is not my intention and it is not the intention of the legislation, ” he added.
He said therefore that he will ask the parliamentary draughtsman to bring forward a new amendment aimed at clarifying the position of multiple fees.
The announcement was welcomed by those in the Oireachtas committee who opposed the amendment with Stephen Donnelly TD declaring that:
I don’t care if its a u-turn or a clarification, it’s very welcome. What I read from it is is that the outcry from this is causing pressure, and if your listening to that that’s excellent. Nobody should be ashamed of listening to the media or the public, that as far as I can see is what we’re here for.
Howlin has denied that the removal of the amendment was a ‘u-turn’ saying that he is merely acknowledging that additional clarification was required, “I have tried since I’ve become a member to actually engage in the committee stage, ” he said.
National Union of Journalists
The NUJ has welcomed the removal of the amendment, describing it as a “welcome fist step”:
The amendment, as drafted, gave rise to grave concern among NUJ members, academics and representatives of civic society groups. We hope that in addition to consulting his legal advisor Mr Howlin will use the opportunity to consult with users, including the NUJ.
The union remains concerned at the possible use of the fees structure as a means of deterring requests under the Freedom of Information Act, an NUJ statement added.
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