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Government acknowledges section of new FOI bill 'may cause difficulties'

The Department of Public Expenditure and Reform will consider if section 17 of the new FOI bill needs to be altered in the wake of correspondence from the Information Commissioner.

THE GOVERNMENT IS to consider possible changes to a section of the new Freedom of Information Bill which has caused concern amongst transparency activists who fear it could limit the release of large amounts of data.

Following correspondence from the Office of the Information Commissioner (OIC) the Department of Public Expenditure and Reform (DPER) has acknowledged that section 17 of the bill “as currently drafted may potentially cause difficulties in terms of interpretation and application in the future”.

This follows concerns raised by the solicitor Simon McGarr who accused the government of trying to “uninvent computers”  in the drafting of section 17 (4) (b) saying it would require officials in public bodies who are handling FOI requests to deal with database queries in the same way in which they would deal with queries related to printed files.

This would potentially limit the amount of time and effort these officials could devote to extracting information, McGarr said.

But the DPER robustly defended the legislation in a statement yesterday insisting the bill’s intention was to allow for more large data queries to be dealt with and not refused.

However, Stephen Rafferty, a senior investigator at the OIC, said that while he is satisfied with the clear intent of the Minister it appears that the provision has been drafted in a way that could cause difficulties when it comes to interpretation.

“The Department accepted that there is certainly scope for interpretative difficulties. They will look at it again and take whatever action they deem necessary,” Rafferty told TheJournal.ie this evening.

But he added that one of McGarr’s blogs criticising the bill “misrepresented the Minister’s intent” adding: “The intention of the new provision is to improve access rights, if it didn’t do what it intended to do that’s down to the drafting.”

McGarr has said that the section needs to be significantly amended or deleted from the proposed legislation which the government hopes to enact by the end of the year.  He said on Twitter today that the OIC had told him they would suggest amending the wording of the provision.

Journalist and transparency advocate Gavin Sheridan has said that the section needs to be deleted.

In a statement to this website this evening, the Department of Public Expenditure and Reform said: “The Office of the Information Commissioner has been consulted throughout the drafting of the Bill and hadn’t raised any concerns in relation to the drafting of section 17 .

“However a representative of that Office contacted the Department this afternoon when it had been made aware of the recent concerns expressed about section 17 as currently worded in the Draft FOI Bill.

“The Office of the Information Commissioner advised that it is satisfied that the clear intent of the Minister was to improve access rights, but it acknowledges that the provision as currently drafted may potentially cause difficulties in terms of interpretation and application in the future.

“When the Office contacted the Department about the matter, the Department stated that it was aware of the concerns and is considering what further action, if any, might be required to address them.

Read more: Government insists new FOI bill does not intend to ‘uninvent computers’

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9 Comments
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    Mute Danielle Cafolla
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    Jun 19th 2019, 8:13 AM

    Eaten bread is soon forgotten. If their was a measles epidemic in the wealthier countries the anti-vaxx brigade would soon be lining their kids up.

    152
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    Mute Gavin Tobin
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    Jun 19th 2019, 1:10 PM

    @Danielle Cafolla: Yep too removed from the devastating effects of preventable diseases.

    27
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    Mute John Horan
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    Jun 19th 2019, 8:18 AM

    Wealthier countries have more internet access where any old Yahoo can make up some facts and write it….coincidence I don’t think so

    94
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    Mute Ró
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    Jun 19th 2019, 10:33 AM

    @John Horan: 100% agree. I’d even go one step further with your analogy. I work in this area, and in my experience the vast majority of anti-vaxx parents are middle-class, and moderately educated. They consider themselves to be well-read on the topic, but unfortunately via unreliable sources, probably no better than Yahoo. The Dunning Kruger effect in action.

    59
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    Mute The Bob
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    Jun 19th 2019, 8:19 AM

    I have seen so many comments online, and twice face to face, where someone says something along the line of

    “Sure we don’t need to vaccinate for . Nobody gets that anymore.”

    It actually causes me physical pain where I hear such stupidity!

    121
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    Mute The Great Unwashed
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    Jun 19th 2019, 8:40 AM

    @The Bob:
    And my personal favourite:
    “We all had measles as kids, sure it never did us any harm…”
    (*apart from the 50,000+ deaths it causes annually)

    88
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    Mute The Bob
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    Jun 19th 2019, 9:00 AM

    @The Great Unwashed: Yes, yes. Another golden one that is.

    26
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    Mute Cheeky Bums
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    Jun 19th 2019, 9:32 AM

    People in developed countries have more access to social media platforms and are subsequently influenced by Facebook pages endorsed by the anti-vaxxer movement. As such, they fail to vaccinate their children in the mistaken belief that it causes a raft of conditions such as autism, ADHD etc. it’s amazing how a few “likes”and “shares” lure the gullible in to unsafe practices regarding their children.

    39
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    Mute Garry Brady
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    Jun 19th 2019, 8:17 AM

    Always took the French as being intelligent. Sorry that my presumption is wrong.

    30
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    Mute rosemarie slamon
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    Jun 19th 2019, 11:22 AM

    Don’t forget to ask the questions, it’s amazing the lengths the Pharma will go to , to make a buck . My question would be are we 100% sure about these vaccines or is it a matter of they do the job , why now is there so many cases of autism in our children like never before. Many questions to be asked and answered but then there is no money to be made .

    23
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    Mute Sean
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    Jun 19th 2019, 11:58 AM

    @rosemarie slamon: Your comment would be hilarious if there wasn’t kids dying over this level of stupidity. Can you join the idiots queue at the back please?

    38
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    Mute The Great Unwashed
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    Jun 19th 2019, 12:03 PM

    @rosemarie slamon:
    Please point to ONE SINGLE study that has found a greater prevalence of autism in vaccinated vs. unvaccinated cohorts of kids.
    I’ll wait (but I won’t hold my breath if that’s ok).

    30
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    Mute G Manning
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    Jun 19th 2019, 12:07 PM

    @rosemarie slamon: ah Jebus. So you mention “many” questions to be asked then pose precisely 2, that are easily answered. Yes we’re quite sure about the vaccines. And they have NOTHING to do with bloody autism. The increase in diagnosis you mention is because of (to list a few) the widening of diagnostic criteria, a greater understanding of autism among all stakeholders (general public, parents, educators, health and medical professionals), not reactively sticking those with autism in institutions and a society and economy that allows more people with autism (though not enough) to lead fulfilling successful lives which leads to greater visibility as a whole and a greater likelihood that they will have children & ASD is genetic so more people with ASD. Any other questions darling?

    25
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    Mute SteoG
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    Jun 19th 2019, 12:21 PM

    @rosemarie slamon: Maybe you could reach out to a grieving mother in the third world who has watched their child die of a sickness that is preventable, a mother who never had access to vaccination. Perhaps you could explain to her your illogical anti scientific privileged opinions based on Internet nonsense . I am sure she would be gobsmacked by the illogical nonsense you have accrued from your position of safety and luxury. Of course its easy to be illogical when you cushioned from the real world, the world where children die in the tens of thousands from lack of basics such as medical care or access to clean water and diseases that we thought we consigned to the past .

    24
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    Mute David Jordan
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    Jun 19th 2019, 1:38 PM

    @rosemarie slamon: “why now is there so many cases of autism in our children like never before.”

    Because milder and more numerous cases are getting diagnosed, the diagnostic has net has widened (diagnosing milder cases), more cases are spotted and fewer cases are slipping though. The real number has not changed.

    To confirm that autism has not increased, psychologists went into the community in the UK to look for adults with undiagnosed autism, who were missed as children. They found autism is as common in adults as it is in children today, proving conclusively that autism did not increase over time.

    “The prevalence of ASD in this population is similar to that found in children. The lack of an association with age is consistent with there having been no increase in prevalence and with its causes being temporally constant.”

    So no, …. vaccines don’t cause autism and anyway autism isn’t really increasing in frequency.

    References:

    Brugha, T. et al. 2011. Epidemiology of autism spectrum disorders in adults in the community in England. Archives of general psychiatry, 68(5), pp.459-465.

    17
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    Mute Sarah
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    Jun 19th 2019, 3:16 PM

    @The Great Unwashed: I think Dr Whitfield did a great study once. In his shed I believe…

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    Mute Sarah
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    Jun 19th 2019, 3:29 PM

    @rosemarie slamon: nothing you just said is true. I’d argue about it but don’t have the energy. I’d cite my credentials as someone with a background in genetics, medicine and statistics as grounds for what I’m saying but you’d probably just accuse me of being “brainwashed” or working for big pharma (or hilariously the time I was told my years and years of training make me “no more qualified” to weigh in than the anti vaxxer with a smartphone) anyway boils down to….

    Vaccinations = good,

    Subacute sclerosing panencephalitis as a result of measles = bad.

    Autism = genetic developmental disorder unrelated to vaccinations but NOT in utero exposure to vaccine preventable diseases

    Autism prevelence on the rise = baseless claim but even if trend was an increase numerous etiological and diagnostic factors would be at play the only one definitively not linked = vaccinations

    13
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    Mute java_cakes
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    Jun 19th 2019, 5:09 PM

    @rosemarie slamon: Older men more likely to have kids further along the autistic spectrum. In general people are having kids at older ages, this trend has been in place (in developed world at least) since the 1960s.

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    Mute Patrick Nolan
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    Jun 19th 2019, 7:29 PM

    @Sarah:
    You need to be careful mentioning Dr Whitfield, I got banned from this website for making my opinion of that particular “Dr” abundantly clear.

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    Mute Fiona Fitzgerald
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    Jun 19th 2019, 11:56 PM

    @java_cakes: I’ve often wondered about that. For some reason, so often only women’s details are studied. They don’t seem to record the ages of the fathers. I don’t know if there is any actual study on this.

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    Mute Rob Cahill
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    Jun 19th 2019, 10:08 AM

    Why do we need to have faith in this?? It’s got a well proven track record. Leave the faith for the superstitious.

    20
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    Mute Ros Aodha
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    Jun 19th 2019, 9:05 AM

    More worrying, 9% of Irish people surveyed, would’ve been better off being taken by one of the diseases they were most likely vaccinated against as children. Darwin is a great equalizer. I’ve said it before, what the world needs right now is a nice apocalyptic pandemic to even the playing field again.

    26
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    Mute Shane Fearon
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    Jun 19th 2019, 10:19 AM

    The best one I heard was a parent sending out birthday invitations for their child that read at the bottom “only vaccinated children please” for the other parents to later find out that the parent sending the invitations hand not got their child vaccinated because they didn’t believe in it!!

    19
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    Mute Dan
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    Jun 19th 2019, 9:00 AM

    They just have more options. In a poor country you take anything that keeps you healthy and pray not to get sick. Any risk associated with the vaccine is outweighed by your lack of ability to deal with illness.

    25
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    Mute G Manning
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    Jun 19th 2019, 9:31 AM

    @Dan: and those “risks” are immeasurably outweighed by the whole not getting potentially lethal diseases thing

    24
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    Mute Matthew Gorman
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    Jun 19th 2019, 10:42 AM

    Because how a person feels about something in wealthier countrys counts as rational thought.

    9
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    Mute Caireann Rua
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    Jun 19th 2019, 1:17 PM

    Dunning-Kruger Effect in action

    7
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    Mute rosemarie slamon
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    Jun 19th 2019, 3:11 PM

    G Manning, lots of talk, but no evidence and could you please refrain from calling me darling

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    Mute Yurty Tim
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    Jun 19th 2019, 4:14 PM

    @rosemarie slamon: No evidence of what? It’s not darling he should be calling you by the way. You love, are away with the birds.

    7
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    Mute G Manning
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    Jun 19th 2019, 4:21 PM

    @rosemarie slamon: ok hon. Your delusion is impressive if nothing else given you’re trying to point to my lack of evidence when everything you said is nonsense. Vaccinations have no link to causing autism and it’s beholden to anyone making such a claim to prove it, which you can’t. I also explained your “increase” in autism for you though David Jordan put more effort in along with citations. Is there anything else we can resolve for you? Bigfoot, mermaids, why fedoras are never a good idea???

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    Mute Thomas McGuire
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    Jun 19th 2019, 4:23 PM

    @rosemarie slamon: “lots of talk, but no evidence”
    One could accuse you of the same.

    6
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    Mute rosemarie slamon
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    Jun 19th 2019, 3:11 PM

    G Manning, lots of talk but no evidence and could you please refrain from calling me darling

    3
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    Mute G Manning
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    Jun 19th 2019, 4:25 PM

    @rosemarie slamon: saying something stupid twice doesn’t make it any more true pet.

    8
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    Mute TamuMassif2019
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    Jun 19th 2019, 6:19 PM
    2
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    Mute java_cakes
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    Jun 19th 2019, 5:08 PM

    Just to say that since 1960s, vaccines came in and autism rates have increased. This is a correlation, not a causation.

    In reality higher autism rates are caused by older fathers. In general men have been having kids at older ages since the 1960s.

    Instead of labelling anti-vaxx people, please explain the above to them so they can see this is not some kind of giant conspiracy.

    1
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    Mute G Manning
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    Jun 19th 2019, 6:48 PM

    @java_cakes: not the only cause for the increase in diagnoses but a factor. Do you really think these anti-science types will accept that explanation when they deny all others?

    3
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    Mute TamuMassif2019
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    Jun 19th 2019, 6:14 PM

    Without struggle people become self destructive?

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    Mute G Manning
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    Jun 19th 2019, 4:24 PM

    Saying something stupid twice doesn’t make it any more true pet

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    Mute G Manning
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    Jun 19th 2019, 4:51 PM

    @G Manning: see

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    Mute rosemarie slamon
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    Jun 19th 2019, 5:14 PM

    @G Manning: for a second there I thought you were actually intelligent

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    Mute G Manning
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    Jun 19th 2019, 6:47 PM

    @rosemarie slamon: well I’ve made a logical argument backed by facts. You’ve done the opposite. Willing to accept vaccines have nothing to do with autism? or are ya headin further down that online, unqualified, ignorant, “my mates friends aunties vaccinated donkey once bad touched a fireman who knew a person with autism…there must be a link!” Brigade?

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