Oireachtas Joint and Select Committees

Tuesday, 12 November 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Land Development Agency Bill 2019: Discussion (Resumed)

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael) | Oireachtas source

Mr. Coleman and Ms Graham mentioned the current exemptions from FOI. I remain to be convinced that an exemption is necessary. We received correspondence from the Information Commissioner in this regard. He stated that the exemptions contained in the FOI Act were sufficiently robust to ensure the protection of records whose release would be likely to give rise to any of the harms against which the exemption seeks to protect. Mr. Coleman mentioned how many State bodies had a commercial mandate while being committed to achieving important social and economic objectives, including the provision of electricity, public transport, etc. Public transport bodies are under the auspices of the FOI Act, though. I can submit an FOI request to Dublin Bus, the National Transport Authority or Transport Infrastructure Ireland. I am curious about the logic. I will ask both witnesses why head 39, which provides for an exemption, exists in the Bill. Is it not the case under the FOI Act that commercially sensitive information can be redacted while still being subject to FOI? Is it not also the case that the Information Commissioner could adjudicate on such matters? Are robust and significant protections not built into the Act? I invite Mr. Coleman to answer first, then Ms Graham.

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