Stephen Donnelly (Wicklow, Independent) | Oireachtas source

I move amendment No. 28:

In page 16, to delete lines 34 to 37 and substitute the following:

“(5) Where a dispute arises as to whether subsection (1) applies, or as the conditions arising by virtue of that subsection, the dispute shall be submitted to the Commissioner, whose determination shall be binding.”.

The amendment is in the same vein as No. 27, which has fallen. It is a minor issue but it comes back to the exempt bodies. Amendment No. 28 essentially relates to a subsidiary of a public body or where it is unclear whether a body is exempt and No. 27 moves bodies to the exempt list. I thought it would be prudent for the Dáil to have the final say. If it is a recommendation of the Minister, then the Government of the day will carry the vote. There is much good work and welcome changes in the Bill and exempting a body is a serious thing to do. There may be good reasons for so doing but without amendment No. 27, the Minister of the day can essentially add to the list without Dáil oversight. The purpose of amendment No. 28 relates to cases of disagreement where the Minister of the day will decide. It occurred to me that the Information Commissioner would be the right person to decide rather than the Minister.

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