Brendan Howlin (Wexford, Labour) | Oireachtas source

I apologise to you, a Leas-Chathaoirligh, for speaking across you. It is intended that where there is a contract of service or an administrative arrangement between a body and a public body, it will be subject to FOI. That opening to which Deputy Fleming referred will be available once the legislation is enacted.

I must put on my legal hat to respond to what is the difference between a contract of service and an administrative arrangement. I will give the Deputy the detail if he is interested. Originally I brought to Government and it approved the restoration of the 1997 situation that was undone in the 2003 Act, which took school transport out of the system. I put it back, or at least I thought I had until the High Court judgment by Mr. Justice Brian McGovern. The question arose in a case whether Bus Éireann school transport operations would in fact be covered by the provision due to the finding that the arrangement between the Department of Education and Skills and Bus Éireann was an administrative arrangement and not a contract within the meaning of Council Directive 2004/18/EC relating to public service contracts and the European Communities (Award of Public Authorities' Contracts) Regulations 2006.

Specifically, if one asked me what the difference between a contract of service and an administrative arrangement I am afraid one would have to go to a legal adviser for that, but I wanted to make sure whatever the situation it was captured and therefore I refer in the amendment to both contracts and administrative arrangements.

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