Deputy Seán Fleming:

I move amendment No. 69:

In page 61, lines 2 to 5, to delete all words from and including ", or" in line 2 down to and including "2000)" in line 5.

This amendment concerns the financial and the economics interests of the State. A head may refuse to grant an FOI request for several items which are listed - national interest, foreign investment and so on. I was surprised when it came to paragraph (r), lines 2 to 5, on page 61 of the legislation, that it seems to be inserted at the end.

It states that a head of a section may refuse to grant information that contains information "advising on or managing on public infrastructure projects, including public private partnership arrangements (within the meaning of the State Authorities (Public Private Partnership Arrangements) Act 2002)." I do not agree with giving authority to a head of a department to refuse information concerning public private partnerships or with stitching that into legislation relating to the release of information. This does not just relate to a commercial act , but to information advising on the "managing" of a public private partnership. This provision in the Bill would block the provision of information from the National Development Finance Agency or anybody else who gave advice to the NRA or the Department of Education and Skills etc. It is not right that this provision blocking information on the giving of advice should be stitched into the legislation.

There are already ample measures in the Bill, and we have supported them, to ensure that where there are commercial interests at stake, they will be safeguarded. We do not want to jeopardise that, but this is a step too far.