McDowell says Murphy 'strayed across the line'

DAIL REPORT: The Minister for Justice claimed that the Information Commissioner had "strayed across his self-imposed line" in his observations on the Freedom of Information Act (FoI). Mr McDowell said Mr Kevin Murphy had decided to publish a commentary of the Act under section 39 of the Act.

"I have to say this in relation to the decision of the commissioner to engage in a commentary which involves evaluating and passing comment on the provisions of the Government's Bill. He seems to have strayed across his self-imposed line. He seems to have, on the one hand, said that it was not his function, to imply it would be improper to comment on the merits and demerits of a Bill.

"On the other hand, he resorts to section 39 of the Bill and relies on his capacity to make a commentary on the Bill in order to justify the particular observations he has to make," Mr McDowell said.

"Without passing any more severe criticism of him, I have to say this it is abundantly clear that section 39 does not empower him to comment on Bills. It asks him to comment on the application of the provisions of the Act and of reviews carried out under the Act of decisions." It was not clear to him that the Government could or should consult the Information Commissioner, or indeed any other person or body, about how it should carry out its business.

Mr McDowell was speaking during a debate on a Labour Private Members Bill proposing that the period for review of the Act be extended to April 2004. The exemption on the release of Cabinet papers would also continue for this period, but in April 2004 the original five-year deadline would come into effect.

Fine Gael's finance spokesman, Mr Richard Bruton, criticised Mr McDowell, saying the Government failed to consult Mr Murphy about information in which he was intimately involved.

"The Minister comes before the House and attacks the Commissioner as if his motivation was suspect. I think the approach the Minister for Justice has taken is really contemptible," he said.

Introducing the Bill, which will be further debated and voted on tonight, the Labour leader, Mr Pat Rabbitte, said the manner in which the legislation had been pushed through the Seanad this week was an indication of how the "new aristocracy" did business.

"The sport of kings is more important than the rights of citizens. The Minister for Finance and the Minister of State have both absented themselves from the Seanad this week and neither is available to come into this House. Can there be a more eloquent statement of the contempt in which this Government holds this House or the citizens who elected it?"

Mr Rabbitte said one commentator at the weekend described the Government as neo-liberal.

"The Progressive Democrats and the PDs within Fianna Fáil have acquired all the neo-liberal characteristics of Thatcherism," he added. "Sadly, when it comes to empowering the citizen, these neo-liberals have little in common with the radical liberal tradition of the 19th century."