Brendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 22:

In page 5, before section 2, to insert the following new section:2.—The Ministers and Secretaries (Amendment) Act 2011 is amended by inserting the following section after section 17:

"17A.—(1) A public service body may, and shall if requested by the Minister, provide to the Minister such information as may be reasonably necessary for the purposes of any function of the Minister under subsection (6) or (7) of section 17.

(2) Information provided to the Minister under subsection (1) shall not include any personal data (within the meaning of the Data Protection Acts 1988 and 2003).

(3) Where the Minister requests information under subsection (1) the information shall be provided in such form and manner and within such period as the Minister may specify.".".

I propose that this new section be added to the Bill to allow for the provision of information necessary for the proper and effective operation of ministerial expenditure ceilings.

The section proposes that public service bodies shall provide to the Minister for Public Expenditure and Reform such information as is necessary for the purposes of the proper and effective operation of ministerial expenditure ceilings. This is a permissive section to allow public service bodies supply the necessary aggregate information to my Department to enable me, as Minister, and the Department to properly monitor and operate expenditure ceilings that are set out in this Bill. Personal information, as defined by the Data Protection Acts, would not form part of that requirement.

At present, many Departments and offices gather information, for example, on details of their grant spend. Where my Department has sought information to enable a better estimate of expenditure to be made over the medium term, it has been our experience that a lack of a specific power to overcome legal obstacles has in the past caused delays in providing information due to the lack of clarity regarding the legal position. In this context, it was felt that, without such a section being provided, the ongoing operation of ministerial ceilings could become more difficult or challenging. It is, therefore, sensible and proper to provide in the Bill for a clear permissive section to allow Departments, offices and public service bodies to pass on such information as is necessary to set multi-annual ceilings at the appropriate level.