Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 27:

In page 15, to delete lines 9 to 12.

The purpose of this amendment essentially is to delete section 28(4), which provides that if the regulator, deeming that the details of the licence which are deemed by the regulator to be commercially sensitive should be published in the public interest, he or she shall give the licence holder notice of the intention to so do and affords the licence holder the opportunity to make representations. I am concerned that this will compromise the freedom of information aspect of the legislation. The Minister has stated that this will be covered by freedom of information provisions.

I do not believe there should be provision here for the withholding of information due to commercial sensitivity. I can understand why commercial sensitivity is provided for in other legislation, and the person to whom the commercially sensitive information relates should be given an opportunity to make representations. However, it should not apply in this situation. Whoever gets the licence will have a State monopoly for the next 20 years, so the commercially sensitive information cannot be used against that operator by any competitor. The usual reason these protections are provided is that a competitor could use commercially sensitive information. If there was a situation where there would be competitions for aspects of the national lottery licence on a regular basis, I can understand that there would be commercial sensitivity. However, when the person who gets the licence knows they do not have to deal with the market again for another 20 years I do not see how information gleaned in 2014 will be in any way commercially sensitive when the next licence becomes available in 2033.

This section is not necessary because there will only be one State monopoly operator of the licence.

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