Submission of Information Commissioner: The Information Commissioner, Mr Kevin Murphy, said yesterday it would have been a "dereliction of duty" if he had not given his observations to the Government on the Freedom of Information Bill.
He revealed that he had first heard of the high-level committee of civil servants examining the Freedom of Information Act "on the grapevine," and had read about the Government's proposed Bill in the newspapers.
He told the committee that his report could be ignored by the Oireachtas.
"You are the sole and exclusive makers of legislation. In doing that role, surely it is not objectionable for somebody to give you information to help you to do that even better?" he said.
Mr Murphy said he was not aggrieved that he was not on the high-level committee reporting on the Act. He said if his office had been asked to appoint somebody to the high-level committee, he would have refused because an independent body and the departments of State cannot be mixed.
But he said if the committee had asked for his views on a particular aspect of the Bill, he would have been very happy to oblige them.
In a clear reference to criticisms made of him by the Minister for Justice, Mr McDowell, the information commissioner said it had been claimed he had strayed across his own self-imposed political neutrality line.
"I totally reject that. Civil servants and politicians are keenly aware of and sensitive to the distinction between policy and implementation. I am fully satisfied that nowhere in my commentary have I strayed from the area of implementation into the area of policy."
There were sharp exchanges between members of the committee when Fianna Fáil senator Mr Terry Leyden criticised the timing of the release of Mr Murphy's document, given that neither the Minister for Finance, Mr McCreevy, nor his officials had access to the document when it came before the Seanad.
Mr Murphy said that the timing was out of his hands. He had heard on a Friday that the Bill was being published, and he had decided by the Monday that he should do a commentary. There had been a huge amount of work involved. "When I had it available, the first people who got it, as they do with all my reports, were deputies and senators."
He added that the copies were received in small batches, and he had said to his staff that all deputies and senators were to receive a copy at the same time. He said he wanted to "nail" that he had worked closely with 10 ministers, from various political parties, and three Taoisigh, and none would accuse him of having any particular political leanings.
The committee chairman, Fianna Fáil TD Mr Seán Fleming, said there was nothing preventing Mr Murphy making general comments. Ms Joan Burton TD (Labour) said the committee had agreed with the chairman that the bulk of the proceedings would be devoted to members asking questions and giving people who appeared an opportunity to respond.
Complimenting Mr Murphy, the Fianna Fáil senator, Mrs Mary White, said he was an outstanding public servant who had spoken out because of a sense of justice.
The Fine Gael senator, Mr Jim Higgins, said that Mr Murphy's timing, in releasing his document, could not have been better and more opportune. "For you," said Mr Leyden.
The Fianna Fáil senator, Dr Martin Mansergh, said the timing of the release of Mr Murphy's report had not caused him any embarrassment.
