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

While what Mr. Coleman is saying about erring on the side of transparency with regard to FOI is commendable, essentially that is from a voluntary position. An FOI would confer an obligation rather than a generous disposition. Personnel may change, as can the focus and ethos of an organisation. If it is underpinned by a legislative certainty where FOI has hold in an organisation, that is far better than the current situation. While I accept the LDA may be erring on the side of transparency right now, in future it may not and that is at the discretion of the organisation. That gets to the nub of my line of questioning.

I have not seen any logic that would override the exemptions already within the Freedom of Information Act and that would override the prerogative of the Information Commissioner to adjudicate on any commercially sensitive issues. In their answers, both the LDA and the Department have indicated the need to maintain and preserve commercial sensitivity. Based on what I have heard from Deputy Ó Broin and Senator Boyhan, I do not believe anybody is saying otherwise. Naturally, it is important to keep that commercial sensitivity with sites it is exploring.

Surely the Information Commissioner can do that in the context of the Freedom of Information Act. Surely the existing exemptions in that Act are sufficiently robust. There is a legitimate concern that if this organisation operates outside FOI and the lobbying register, it will be living in the shadows. Based on Mr. Coleman's answer, I do not believe that is a space he wants his organisation to be in necessarily.

There was a description of freedom of information as burdensome. Freedom of information exists in respect of the Houses of the Oireachtas, all Departments and many agencies to shed light on matters and to provide answers. Sometimes those answers may be uncomfortable and may take up administrative time, but they are a good thing. They maintain public trust in an organisation. The LDA is a very important organisation and will be charged with considerable funding and resources. Accordingly, there is great value of having it live within the realm of FOI. From what I can hear, there is no great rationale for it living outside that realm.

Mr. Coleman has experience of working in NAMA and in an organisation that is outside FOI. He correctly compared and contrasted the different natures of the two organisations. Does he believe the core functions of the LDA would be able to exist if it were subject to an FOI regime and if head 39 were changed? Would it infringe on the LDA's ability to work?