Brendan Howlin (Wexford, Labour) | Oireachtas source

I indicated during our pre-legislative discussion that I would reflect on the scenario in which there is no competition. I gave the example of Irish Rail at the time and I also mentioned Irish Water. We have discussed the Irish Water amendment but I acknowledge Deputy Fleming was detained in the House. I said that ultimately Irish Water should be included but legislation is going through the House and I do not want to pre-empt the scrutiny of that. I would like to exclude Irish Water with the option of coming back to it and I have the provision to bring it in in due course, but we can discuss that on Report Stage.

I will not go through the full list of Part 2 exemptions, but they include all the commercial semi-state companies, and the general principle applies. I will deal with the companies that are proposed to be delisted. Tourism Ireland was established under the framework of the British-Irish Agreement 1999 and it operates under a code of practice for North-South bodies approved by the North-South Ministerial Council, which has regard to the FOI legislation operating in both the UK and Ireland. In view of this arrangement, which ensures there is an appropriate openness and transparency in Tourism Ireland's activities consistent with its unique status as a North-South body, I do not propose to accept the Deputy's amendment.

With regard to Bus Éireann and the provision of a school transport service, the Deputy accepts why the company should be excluded but he believes the school transport system is a discrete subset that should be covered and I am pleased to advise him that I am restoring the application of FOI to records held for service providers in so far as the records relate to services provided under contract to an FOI body. Records relating to the school transport service provided by Bus Éireann will be brought under FOI within six months of the enactment of this legislation. The draft Bill exempts most commercial semi-state bodies from full FOI provisions as set out in Part 2 of the Schedule. The Government has agreed that commercial semi-state bodies in general should not be subject to FOI requirements because of the points I have made about commercial information.

The six North-South bodies established under the British-Irish Agreement along with Tourism Ireland were established separately under the framework of the British-Irish Agreement. That is the formal legal status. They operate under the FOI code of practice for such bodies approved by the North-South Ministerial Council, which met in Armagh last Friday. It was a constructive interaction between the Government and the Northern Ireland Executive. They must have regard to FOI legislation both in the Republic and in Northern Ireland. The Food Safety Authority of Ireland, which is the particular body referenced by Deputy Fleming, is covered by FOI. The Food Safety Promotion Board is a North-South body and a separate entity.

EirGrid is a regulated by the Commission for Energy Regulation, CER, which means there is transparency in how its network business is regulated, and significant information is published by the CER on its website regarding key decisions such as electricity network charges, investment programmes and intended developments. To subject it to FOI would have the clear potential for an unintended consequence of creating market distortions and placing EirGrid at a disadvantage in its commercial relationships with its customers, which is ultimately not in the interests of the consumer or the State. In other words, it might not be in competition as a core provider of infrastructure but it is in a commercial relationship with a variety of energy generators who would be unhappy to have their information subject to FOI. That would happen if EirGrid was included, and for that reason I was persuaded that the company should be exempt.

I am convinced that commercial semi-state companies should not be subject in general to FOI for the reasons I have outlined. Deputy Donnelly, in particular, has a different view, which is fine, but what I propose is consistent with what I outlined to the committee when I last appeared.