Brendan Howlin (Wexford, Labour) | Oireachtas source

I move:

That Dáil Éireann approves the following Regulations in draft:Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2014,copies of which were laid in draft form before Dáil Éireann on 24 January 2014.

I welcome the opportunity to move this motion today. This will permit the making of regulations to enable the application of the provisions of the freedom of information, FOI, legislation to Irish Water. This measure is being introduced in line with the procedures set out in the existing FOI legislation but will continue in force after the new FOI legislation that is before the House is finalised.

Recent developments have highlighted the importance of a high degree of openness and transparency in helping to underpin public confidence and trust in Irish Water in light of the critical role and responsibilities of that body in respect of what is one of our most valuable natural resources. In those circumstances and given the very significant impact that the operation of Irish Water will have on all households and businesses in the State, there is a broad consensus shared by Government that the activities of Irish Water should be undertaken in an appropriately open, transparent and accountable manner so that the public can be assured that it is being operated as efficiently and effectively as possible. Application of FOI is one of several mechanisms for ensuring that this will be the case.

As the House may be aware, during the Committee Stage debate on the FOI Bill last November, I indicated that I would take steps to make Irish Water subject to FOI following the enactment of the new legislation and once the body was up and running. Following the recent public debate on the establishment costs of Irish Water and the meetings of the relevant Oireachtas committees attended by Irish Water's management and also taking into account the expected timetable for the enactment of the FOI Bill which we originally hoped would be enacted before the end of last year, I indicated in this House on 22 January my intention to take these necessary steps now to ensure that Irish Water is brought within the FOI legislation as soon as possible.

Section 3 of the Freedom of Information Act 1997 provides that regulations may be made to extend the coverage of the Act. In such cases, section 3(3) of the Act provides that a resolution approving of these regulations in draft form must be passed by the Dáil and Seanad before the regulations can come into effect following the signing into law by me with the consent of the line Minister, which in this case is the Minister for the Environment, Community and Local Government.

The normal practice is to give public bodies a period of six months to put the necessary administrative arrangements in place to enable them to respond to FOI requests in an efficient manner. There is an elaborate procedure required to comply with the Act. It is reasonable that Irish Water should be allowed some period of time to make such administrative arrangements but in the circumstances, I think a period of six months is too long. I believe that 30 working days would be an appropriate timeframe to enable Irish Water to make these necessary preparations.

Accordingly, I ask the House to support the necessary motion to extend the provisions of the FOI legislation to Irish Water with effect from the date of its legal establishment - so it will be backdated to 17 July 2013. In addition, records held by the Departments of Environment, Community and Local Government and Communications, Energy and Natural Resources and the local authorities relating to the establishment of Irish Water and in any dealings with Irish Water since establishment are and will continue to be covered under FOI, subject to the normal operation of the Act. In conclusion, I am calling for the support of the House for the motion to enable Irish Water to be brought under FOI with effect from its establishment date of 17 July 2013 and for that to happen within 30 working days of the receipt of the signing of the resolution.

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