Brian O'Shea (Waterford, Labour)

I move amendment No. 1:

In page 3, line 27, after "Act" to insert the following:

"and the Freedom of Information Act 1997 shall apply to the Board as and from the establishment day".

If so amended, section 2 would read "The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act and the Freedom of Information Act 1997 shall apply to the Board as and from the establishment day". We discussed the reasons for this amendment on Committee Stage and the Minister indicated that it was always his intention that the Freedom of Information Act should apply to the board. He agreed to examine, between Committee and Report Stages, the most effective way to do this. He indicated that the usual practice is to add the particular board to a list of bodies to which the Freedom of Information Act 1997 applies, which is periodically updated. As I am uncertain of what the Minister's reply will be at this stage, I will outline my position further.

As the Minister is aware, I am opposed to the change being introduced by this Bill. The moneys accruing to the Dormant Accounts Fund Disbursements Board are in the order of €200 million. Effectively, the power to disburse the money is being taken from the independent board and will now be a function of the Government. I have alleged — nothing I have heard has changed my view — that the Government became aware that a huge crock of gold had come on the scene which would be ideal as a slush fund to buy votes in elections. Indeed some of the terminology used such as "the extent of the fund", supports this. Quite brazenly, the Government introduced this legislation.

As this is the case, freedom of information is all the more important. Unless this amendment is accepted or, alternatively, the Minister assures the House that the Freedom of Information Act will apply from the day of establishment of the dormant accounts board, I have great difficulty with the legislation. Where there is such doubt as to the intentions of the Government in terms of the purpose of the legislation, the maximum amount of information should be made available from the earliest possible stage so that people are aware of what is happening and can make their concerns known through Opposition Deputies, to the media or to the Government. My concern is that whatever the Minister's good intentions may be, the Freedom of Information Act may never apply to the Bill.

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