Brendan Howlin (Wexford, Labour) | Oireachtas source

Deputy Donnelly made a suggestion about how to deal with non-compliance. The Information Commissioner has a strong power to name and shame. This is effective for minor breaches which do not merit a criminal prosecution. The Information Commissioner will now formally report to the Oireachtas committee. An annual report will be issued which will highlight breaches. This will provide the opportunity to make recommendations for future amendment.

On the point about commercial semi-State enterprises, there is a commercial disadvantage if only one side in competition is subject to freedom of information. A publicly owned entity could be subject to a freedom of information request from its competitor. This is a no-brainer. It is obvious that this will be a commercial disadvantage.

On the point about access to information, any commercial semi-State company will have interaction with its parent Department. All such information is subject to freedom of information requests. The Minister responsible is subject to parliamentary questions and to scrutiny by committee. The regulator will receive all the data from that enterprise if it is a regulated entity. The regulator is also subject to freedom of information requests under this regime. Therefore, there is significant freedom of information regulation in all those areas.

I thank the Chairman and members for their consideration of these proposals. I will approach the matter with an open mind and a view to crafting the best possible freedom of information regime. I look forward to the committee's assistance and support in terms of suggestions and amendments that might enhance the legislation.