Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I move amendment No. 25:

In page 77, to delete lines 29 to 35 and substitute the following:“(5) In this section—

‘confidential information’ includes—

(a) information that is expressed by the undertakings involved in the merger or acquisition to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) submissions of a commercially sensitive nature made by any other person;

‘public body’ means—

(a) a Department of State,

(b) the Garda Síochána,

(c) the Permanent Defence Force within the meaning of the Defence Act 1954,

(d) a local authority within the meaning of the Local Government Act 2001, or

(e) a body established by or under any enactment or charter other than the Companies Acts;

‘submissions of a commercially sensitive nature’ means submissions the disclosure of which could reasonably be expected to—

(a) substantially and materially prejudice the commercial or industrial interests of—

(i) the person who made the submission,

(ii) the person to whom the submission relates, or

(iii) a class of persons in which a person referred to in subparagraph (i) or (ii) falls,

(b) substantially prejudice the competitive position of a person in the conduct of the person’s business, profession or occupation, or

(c) substantially prejudice the financial position of the State or a public body.”.

These amendments are intended to provide greater legal certainty by explaining what is regarded as confidential information and by providing definitions of the terms "public body" and "submissions of a commercially sensitive nature". These terms are used in the provisions of section 28N, as inserted, on the sharing of information and documents and the disclosure of confidential information.

See this speech in context