Oireachtas Joint and Select Committees

Wednesday, 2 October 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Land Development Agency Bill 2019: Department of Housing, Planning and Local Government and Land Development Agency

Ms Maria Graham:

Thank you, Chair. I will try to be brief. In terms of freedom of information, the general scheme of the Bill has been worked on across the Government and the freedom of information legislation is looked after by the Department of Public Expenditure and Reform. It is looking after freedom of information policy, so I cannot say whether the Department has consulted with the Information Commissioner. We have taken its views on board.

The LDA is covered by the ethics legislation. You asked, Chairman, about the structures under head 7 and the elevated risks. I will let Mr. Coleman respond on the specifics. These are enabling provisions, should the agency wish to or need to establish subsidiary companies. Sitting under the legislation would be the constitution, in that every DAC has its constitution, which is approved by the Minister. It sets out a lot more detail but it would always be the case in line with that, and in line with the code that the establishment companies would require ministerial approval. Many of those areas you raise, Chairman, as having elevated risks, would be dealt with in that element of the governance. We are very careful across the board to ensure that those risks that might be associated with commercials are called out in their constitutions in terms of when they need ministerial approval, when they need board approval and other such elements, including what needs to be reflected in various reports that would come to the shareholding Minister.

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