Brendan Howlin (Wexford, Labour) | Oireachtas source

There is slight confusion. The measure does not allow the Minister to prescribe new bodies; it is to provide a mechanism for bodies that are automatically captured but who might feel they should not be subject to freedom of information and who wish to dispute the case. Both sections 6(5) and 7(5) provide for the Minister to be the final arbiter in a dispute between the Information Commissioner and a public body as to whether the body is covered by the Freedom of Information Act. As the Information Commissioner would obviously be a party to the dispute, he or she could not be the final arbiter in a dispute. If he or she says the body should be included and the body disagrees, he or she cannot say he or she is the deciding authority and provide his or her view. It is better for the Minister, who is the responsible constitutional officer for the Act, to be the decider in such a case. The alternative would be to make it a matter for the courts, but I do not think that is necessary.

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