Charlie McCreevy (Kildare North, Fianna Fail)

The rate of exchange of information between Departments of the State and the deliberative process of central Government can result in records relating to that process being held by a number of Departments. Some such Departments might have had only an indirect involvement or relationship to the process concerned. It is possible, therefore, for an FOI request to be made to the Department of State for records it holds but which relate to the deliberative process of another Department. The arrangement whereby a Secretary General can certify records that directly relate to the deliberative process of a Department of State rather than the Department of State concerned affects this possibility. I expect the certification by a Secretary General of a record relating to the deliberative process of another Department would only take place in exceptional cases and following proper consultation.

I draw attention in this regard to comments made by the high level group which noted the absence of requirements to consult or inform another Department, in a case of a proposal to release information which relates to the activity of that Department. In order to address this, the group recommended the initiation of a system of formal consultation between Departments on material to be released. It is in the context of full consideration and consultation between the relevant Secretaries General that we envisage certification by a Secretary General of records relating to a deliberative process in another Department may have been prepared.

Senator Higgins referred to the case involving ESB International. I am sure the Senator followed up on that project and where it is now. Did he consider whether the Department of Finance and I were correct and that he and others were wrong about the matter?