THE Government could be forced to amend its own Freedom of Information proposals following a strong recommendation that the Official Secrets Act be fully repealed.
The Select Committee on Legislation and Security has called for the repeal of the Official Secrets Act and for an end to criminal prosecutions of civil servants who give out information. This provision would offer protection to so-called "whistle blowers".
A report, prepared by the committee following its review of the Official Secrets Act, says if an offending civil servant is prosecuted, he or she must be able to offer a public interest defence.
Criminal sanctions should be confined to the unauthorised disclosure of information in relation to the security or defence of the state; in relation to crime and criminal law enforcement; in relation to the protection of life and safety, and in relation to the disclosure of information for personal gain.
The committee recommends that in regard to other categories of information, including that of international relations, the economy and cabinet documentation, disciplinary and civil legal sanctions should apply rather than criminal ones.
The chairman of the committee Mr Charles Flanagan, said that under the programme for government, the committee was charged to review legislation that limited access to information and that the Government would act upon its reports.
He called on the Government Chief Whip to allocate time for a debate on the report and for the Government to act upon its recommendations as it was obliged to do.
The Official Secrets Act he said, should be repealed at the earliest possible date and should be" replaced by criminal sanctions in relation to espionage and the unauthorised disclosure of specific categories of information where disclosure might harm the national interest.
The committee recommends that where action is taken against a civil servant, it is up to the prosecution to show actual harm or damage, or a real threat of harm or damage, before criminal liability can apply.
It also says that if a civil servant is claiming information was released in the public interest, the view of the Government of the day should not be taken as conclusive:
The report was accepted unanimously by the committee.
Fianna Fail's Dr Michael Woods said the recommendations should be implemented if we wished to end the culture of secrecy in the civil service. By being asked to sign such a wide ranging document as the Official Secrets Act on day one, the civil servant was then under pressure. The report was a breakthrough, he said. It was fundamental to Freedom of Information that the Official Secrets Act be repealed, he said. It could have no place in the modern Ireland, said Dr Woods.