McDowell again criticises Murphy

The Minister for Justice, Mr McDowell, has stood by his criticism of the Information Commissioner's commentary on the proposed…

The Minister for Justice, Mr McDowell, has stood by his criticism of the Information Commissioner's commentary on the proposed restrictions of the Freedom of Information Act.

Mr McDowell's office repeated his stance a day after the commissioner, Mr Kevin Murphy, told an Oireachtas Committee that the existing Act was an "excellent piece of legislation". Mr McDowell repeated the view that Mr Murphy's report on the Government's plans "actually involved evaluating and passing comment" on a Bill.

Mr Murphy had rejected Mr McDowell criticism, telling the committee he would breach his duties if he failed to comment.

Last night Mr McDowell indicated he still believed Mr Murphy was wrong to criticise the Government's proposals.

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Mr McDowell said in the Dáil Mr Murphy had overstepped his powers by warning of flaws in the proposed amendments.

A Department of Justice spokeswoman said yesterday Mr McDowell respected Mr Murphy's right to hold a contrary view but added: "The Minister made the point that the Information Commissioner's commentary actually involved evaluating and passing comment on the provisions of the Government's Bill. The Minister fully understands the commissioner might not agree with this interpretation."

Mr McDowell, who is in China for St Patrick's Day festivities, said he had no further comment on the matter.

However, the conflict is likely to be raised by the Opposition in the Dáil and Seanad when they reconvene after the recess. In advance of that, the Oireachtas Joint Committee on Finance and the Public Service will resume a detailed consideration of the Bill.

Labour called yesterday for renewed pressure on the Government to withdraw its plans to restrict the Act, claiming it was now "on the back foot".

The Labour Party leader, Mr Pat Rabbitte, urged the Opposition parties, trade unions and user groups to maintain their campaign against the changes. He said it was now possible to force the Government to abandon its proposals.

Mr Rabbitte said the decision to postpone for a week the report stage of the Bill in the Seanad "may indicate that the Government is looking for time to reconsider its position.

"And after two weeks of insisting that there would be no changes to the Government Bill, Ministers are beginning to talk about amendments.

"The arrogant and dismissive approach to the public on this issue is backfiring on them. Many may not understand all the detail of the Act, but they understand the principle behind it.

"If we stand firm and maintain the pressure, it may well yet be possible to force the Government to totally withdraw this ill-considered and ill-judged proposal."