Brendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 15:

In page 14, line 21, after “services” to insert the following:“and contract for services in this definition includes an administrative arrangement between an FOI body and another person”.

It was always intended that this Bill would provide that Bus Éireann school transport services, carried out on behalf of the Department of Education and Skills, would be subject to freedom of information. This was discussed on Committee Stage in some detail. I advised then that the service would be covered within six months of enactment through the restoration of the application of freedom of information to records held by service providers, in so far as the records relate to a service provided for or under contract from the freedom of information body.

However, a recent High Court case determined the Department of Education and Skills has an administrative arrangement with Bus Éireann rather than a contract. I have provided, therefore, for an amendment to the definition of “service provider” in section 2 to ensure Bus Éireann school transport services will be covered by freedom of information in accordance with the new determination of the High Court.

My amendment addresses Deputy Sean Fleming’s amendments Nos. 22 and 99. I hope he will not move them for that reason.

Regarding the Deputy’s amendment No. 40, it would not be possible to provide a list of bodies which might provide services under contract to a freedom of information body in the future. It was not deemed necessary to provide such a list under the 1997 Act. I am not aware that any difficulty has arisen in the intervening period in providing up-to-date access to such records, even though they were restricted by the 2002 amending legislation. I do not believe the amendment is necessary.

See this speech in context