Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 73:

In page 60, lines 34 to 37, to delete all words from and including “body,” in line 34 down to and including “2002).” in line 37 and substitute “body.”

This relates to different situations where a head may refuse information if it deals with the financial and economic interests of the State. I understand the section in general and the refusal of information if it affects the State’s ability to collect tax or levy rates or if it affects foreign investment or industrial development. The particular lines I want deleted are:

(r) advising on or managing public infrastructure projects, including public private partnership arrangements (within the meaning of the State Authorities (Public Private Partnership Arrangements) Act 2002).

The arrangements under the existing Act without that section prevent information coming out about public private partnerships, PPPs, because of their commercial sensitivity. I believe there are enough provisions in the legislation to protect any of the issues relating to public private partnerships and the management of these infrastructural projects already in the system without this. Some of the information that would not be commercially sensitive could be released. I am worried that this blanket permission for a head to refuse information is too extensive and wide ranging. A more specific version of the present arrangement would be better.

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