Dermot McCarthy Evidence on FOI
The Information Commissioner has rejected criticism levelled at him by the Justice Minister. Michael McDowell said that, in commenting on the new Freedom of Information bill, Kevin Murphy had strayed across the line into what was a political issue.
He was appearing at an Oireachtas committee enquiring into the controversial amendments to the bill.
Last week, Mr Murphy angered ministers by publishing a critical commentary on the proposed changes, prompting Michael McDowell to say he had not been entitled to make his comments and had strayed across the line into criticising government policy.
Today, Mr Murphy told the Oireachtas committee on Finance and the Public Service that his office was politically neutral and would remain so. Rejecting the claim he had strayed across a line he said he was sensitive to the distinction between policy and implementation.
However, he said he would have liked to have made his comments directly to the department drafting the bill but had not been given an opportunity to do so.
He warned that one effect of the proposed amendments could be to deny to parents involved in the controversy over organ retention access to their children's records.
Earlier, the head of the group of top civil servants who recommended the changes said their terms of reference were based on their own experience and the question of consulting the Information Commissioner - who oversees the operation of the act - or anyone else, did not arise.
No evidence of FOI damaging Govt
The High Level Group which examined the workings of the Freedom of Information Act had no actual evidence or concrete examples to show that publication of Cabinet documents would damage or inhibit the workings of the Cabinet.
Julia O'Neill told the Oireachtas Committee on Finance and the Public Service that a certain amount of 'crystal-ball gazing' was involved in their decision to recommend the 5-year period for disclosure of documents be extended to ten years.
Ms O'Neill is Secretary General of the Department of Transport, and was a member of the high level group.
The Secretary to the Government earlier denied that the officials who drew up a controversial report on the workings of the Freedom of Information Act wished to protect civil service advice to ministers from public scrutiny.
Dermot McCarthy said they had advised that a 5-year confidentiality rule be extended, as ministers remained politically active beyond a five year framework.
Mr McCarthy also said he believed it would have been outside the group's remit to consult the Information Commissioner to ascertain his views on the workings of the Act.
Earlier he said he and other senior officials would not be in a position to express opinions on government policies in their evidence.
Last June, the Secretaries-General of five Government Departments were asked by the Government to review the operation of the Freedom of Information Act, and to recomend possible changes.
Their report formed the basis for the controversial legislation which is currently going through the Oireachtas.
The Seanad has agreed to defer its consideration of the final stages of the Freedom of Information Bill until Thursday next
