Government going back to 'principles of silence'

FoI Amendment Act: Committee stage: The Government is going back to the same principles of the Mafia motto of Omerta or silence, with the provisions of the amending Freedom of Information (FoI) Bill, according to Fine Gael's finance spokesman.

Mr Richard Bruton was commenting as the controversial Bill to amend the existing Act finished committee stage yesterday after four days of debate.

It was accepted at the finance committee by seven votes to five. Ms Fiona O'Malley (Progressive Democrats), who had criticised aspects of the Bill, voted in favour at committee.

The Bill goes back to the Dáil next week for final consideration.

The Minister of State for Enterprise, Mr Michael Ahern, standing in for the Minister for Finance, Mr McCreevy, refused to accept amendments to a provision which would block access to ministers' briefing and background notes for parliamentary questions.

He insisted that it would affect the frank and full discussion of issues, but Mr Bruton condemned his response as a "bogus defence" and a "purely political device" to get out of awkward situations.

Labour's finance spokeswoman, Ms Joan Burton, said TDs often had to seek briefing notes under FoI requests because the minister did not give it during question time. This would no longer be possible under the new rules.

This section was at the heart of what Mr Justice Liam Hamilton had said about the €75 million beef tribunal that if "adequate" answers had been given to questions there would have been no need for the tribunal, the Labour TD said. It was a case of "catch me if you can". If a TD asked the right question, "you might get some part of the answer".

In sharp criticism of the Progressive Democrats for supporting the legislation, Ms Burton said that the "watchdog" which the Minister for Justice, Mr McDowell, said the PDs would be, had been "stuffed and killed off".

Mr McDowell had defended this particular provision by saying that some of the briefing notes were so bad that he would be ashamed to be associated with them and would not release them, she said. Accusing him of arrogance she said civil servants would now be the "patsy" under this measure. It was an attempt to "muzzle" parliamentary questions, where the quality of debate had become far better because of FoI requests and the availability of information.

Mr Caoimhghín Ó Caoláin, Sinn Féin's finance spokesman, said it would perpetuate "parliamentary minimalism". TDs and senators were "part of the vehicle of access and we have a right to information". Mr Dan Boyle, the Green Party spokesman, said it was surely more suitable to have access to information to "inspire the right questions being asked".

In a surprise move earlier this week, Mr McCreevy withdrew one of the most controversial proposed changes dealing with personal information.

The final stage of the Bill's passage in the Dáil will be debated on Wednesday.