An Oireachtas Committee controlled by Fianna Fáil and the PDs has called for "significant" changes to the Government's plans to restrict the Freedom of Information Act.
The statement yesterday by the Joint Oireachtas Committee on Finance and the Public Service is the clearest indication yet that some of the curtailments proposed by the Government will be reversed.
Stating that he believed significant amendments to the Government's Bill would be required, the Fianna Fáil TD who chairs the committee, Mr Sean Fleming, described as "seminal" a report on the Government's Bill by the Information Commissioner, Mr Kevin Murphy.
Mr Fleming said he was not acting in concert with the Government. He had had contact with the Chief Whip, Ms Mary Hanifan, who had indicated that the Government would examine any "positive" recommendations from the committee. The committee sat for several hours in public yesterday and also heard a private presentation from the Department of Finance on the application of the changes proposed by the Government.
But despite suggestions from Government members of the committee that it could produce a report making specific recommendations for amendments, it opted instead to place the verbatim report of its all its proceedings before the Dáil.
It passed a motion seeking sufficient time for further hearings "as important areas have been identified in the legislation which the joint committee agrees will need further significant amendment".
With the report stage debate in the Seanad expected today, any amendments to the Bill will be made during its passage through the Dáil. The committee wants to conclude its hearings before the committee stage in the Dáil, in a fortnight.
Sources say any changes to the Act are likely to reflect the concerns identified in Mr Murphy's report, which warned of costly litigation if some of the changes were introduced. Despite criticism of the Information Commissioner by the Minister for Justice, Mr McDowell, certain political sources say there is reluctance to proceed with plans that Mr Murphy believes to be flawed.
Mr Murphy has said an amendment that exempted the records of committees of officials as Government papers could be challenged in the courts. He has also said that a provision allowing the secretaries-general of Government Departments to issue certificates effectively directing a minister not to release documents ran contrary to the accepted relationship between secretaries-general and ministers.
These two provisions are now likely to be changed, according to sources. There were also indications yesterday that a clause restricting the personal information available to records "containing" such information instead of records "relating" to such information will be amended.
In addition, certain political sources said a proposed restriction on the release of personal data held by a tribunal of inquiry might be changed. Though such amendments would be seen as a significant watering-down of the Government's plans, they are believed likely to be described as only "technical" in nature.
Before the motion was adopted, Mr Fleming tried to resist Opposition demands for further consultations with users of the Act.
