Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I move amendment No. 4:

In page 8, after line 36, to insert the following: “ ‘commercially sensitive information’ means information the disclosure of which could reasonably be expected to—

(a) substantially and materially prejudice or harm the commercial, financial or industrial interests of the undertaking or person to which it relates,

(b) substantially prejudice or harm any other interests of a person in the conduct of the person’s business, profession or occupation, or

(c) substantially prejudice or harm the interests of the State or a public body (within the meaning of section 28N(5));”.

This grouping of amendments deals with commercially sensitive information. Amendment No. 4 introduces a definition for “commercially sensitive information” into the Bill. It is important that there is legal certainty surrounding the key terms that are used throughout this Bill. In the drafting of the Bill, which was published in February, it was felt that "commercial confidentiality" as a term was easily understood. In legislation, terms that are in common use in an industry are understood to take on the meaning that they would have within that industry. It was a concern that defining the term might be difficult and that if the definition was too narrowly defined, it may unnecessarily restrict the operation of sections of this Bill. However, after discussing the matter further, the Department is of the view that it is more important that there is certainty for undertakings in how the legislation operates. Therefore, a definition is now necessary.

The definition, as put forward in this amendment, clearly defines the term as it is understood to operate in competition law, that is, information that is disclosed would create substantial and material harm to undertakings. The intention is that the term “commercially sensitive information” will be used throughout this Bill. I believe that by including this amendment, we will clarify the legislation and make it easier for undertakings to understand and to navigate the provisions that are laid out in the Bill.

The remaining amendments in this group reflect the decision to replace the term "commercial confidentiality" with the term “commercially sensitive information”. The term “commercially sensitive information” is more widely used, particularly in relation to competition law matters. Therefore, using it would provide greater clarity for undertakings. This will work to ensure that the provisions of the Bill are clear and are easily understandable.