Oireachtas Joint and Select Committees

Tuesday, 12 November 2013

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform

Freedom of Information Bill 2013: Committee Stage

6:50 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendments No. 12:
In page 15, between lines 29 and 30, to insert the following:
“(b) receivers and administrators working for or employed by the National Asset Management Agency;”.
People will understand the reason the agency is worthy of discussion when it comes to FOI legislation is the scale of its activities. Amendment No. 79 has been tabled by the Minister and is directly related to mine. Amendment No. 81 in my name states: "In page 73, to delete lines 9 to 30". The provision relates to the Labour Relations Commission. I did not realise the LRC would be linked with NAMA in this discussion. Essentially, the Minister will know from where I am coming on this matter. The Haddington Road agreements talks took place recently, as a result of which, various letters were issued by the LRC to public sector management on the agreement, but they have not been made public. It would probably be going to the extreme to include all of the LRC's work in the legislation, as opposed to partially including it in Schedule 1. There is an element of secrecy to the work of the LRC which is not fully justified. While it is necessary to have some level of confidentiality during the conciliation part of LRC proceedings, in matters of public interest and where the taxpayer pays the bill, the letters issued to public sector unions should be made available to Members of the Oireachtas. During the discussions earlier this year I tried to see the letters issued, but I was surprised to discover they were exempt from the provision of FOI legislation. I think the Minister is of half a mind to release parts of the letters. I hope we can go some way towards dealing with this matter.

Amendment No. 83, in my name, to Schedule 1, reads: "In page 74, to delete lines 4 to 8...". It concerns the terms and conditions for the National Treasury Management Agency. On page 3 of the Bill, as initiated, there is a list of contents encompassing the sections and Schedules to the Bill. Part 1 refers to "Partially Included Agencies", while Part 2 refers to "Exempt Agencies." It is difficult to understand and people are confused about which public body is included. I want to remove part of section 6. The Minister responded to an issue on pay scales in the National Treasury Management Agency, as well as its subsidiaries, including the NTMA and everybody else. My amendment talks about partially included items. Will the Minister confirm that the terms and conditions on which a person holds a position in the agency are subject to freedom of information legislation?

These are the key points I wish to make on the amendments which have been grouped. Other members have tabled amendments to raise other topics.

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