Ms Emily O'Reilly:

There are a number of factors involved and this is something that is being thrashed out as the Bill moves further towards completion. There is a realisation that, by definition, semi-state companies operate in the commercial world also. These interests have to be guarded to ensure their competitors will not be given a competitive advantage over them by virtue of the fact that they are not subject to FOI legislation. This is something that has to be carefully calibrated. I cannot say where exactly it should come down in terms of percentages and so on. The amount of public funding is an issue because one of the things that has defined FOI legislation and influenced most of the seminal decisions made in recent years has been that where there is public money involved, there is a public interest in seeing where it goes. It is a question of balancing the semi-state companies' ability to operate, be competitive and make profits with the public interest in knowing where our money is going. There have been many conversations around that issue and presumably when the Bill comes back to the committee, that discussion will continue. It would be difficult to a take slide rule approach to it and say where exactly it should come down. They need to compete with the private boys who do not have to show anything within the normal rules of disclosure and regulation, which has to be balanced with the fact that there is a great deal of taxpayers' money involved and we need to know where it goes.