Dáil debates

Wednesday, 16 July 2014

Freedom of Information Bill 2013: Report Stage (Resumed)

 

3:20 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

Section 40(1), which is also contained in the 1997 Act, provides that access to a record may be withheld if its release could have a serious adverse effect on the ability of the Government to manage the national economy or financial interests of the State, could result in undue disturbance of the ordinary course of business, could reasonably be expected to have a negative impact on decisions by enterprises to invest or expand in the State or could reasonably be expected to result in an unwarranted benefit or loss to a person or class of persons.

Section 40(2) lists a range of records to which subsection (1) applies. In addition to the classes of records which could be protected under the 1997 Act, this Bill adds some classes of records in light of freedom of information being extended to the National Treasury Management Agency, NTMA, group of companies, including those the Deputy’s amendment seeks to delete, such as records relating to liabilities of the State or a public body and records advising on, or managing, infrastructure projects, including PPP projects.

I reassure Deputy Fleming that the section does not restrict access to such records automatically but only in the circumstances where the grounds in section 40(1) apply, in other words, where the deciding officer would on balance believe the specific information would have the deleterious effect we have set out. That section has been in operation since the 1997 Act and is an important safeguard for the State.

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