Brendan Howlin (Wexford, Labour) | Oireachtas source

I should have also referred to amendments Nos. 84 and 93 because they are in this group. The purpose of those amendments is to provide for an exemption from FOI for the records of child abuse bodies other than in regard to their administrative records. The bodies in question are the Commission to Inquire into Child Abuse, the Residential Institutions Redress Board and the Residential Institutions Redress Review Committee.

In view of the sensitivity of the records held by these bodies and the fact that, even if their records were subject to FOI in full, it is likely they would be exempt from release under the FOI exemptions contained in this legislation relating to personal information and information obtained in confidence, I considered, having received a request, that these bodies be exempted from FOI. I decided, however, that it would be difficult to justify providing them with an exemption in respect of the administrative records that they hold. Legal advice received from the Attorney General raised no legal difficulties in making these bodies subject to FOI in terms of their administrative records. The exemption proposed for these bodies will be similar to that applying to the Office of the Attorney General and the Director of Public Prosecutions, for example.

Regarding the Central Credit Register, the purpose of amendment No. 84 is to provide an exemption for the Central Bank in respect of records relating to the Credit Register to be established under the Credit Reporting Act 2013. The Credit Reporting Act 2013, which provides for the establishment, maintenance and operation of a central credit register by the Central Bank, was enacted in 2013. When that register is established, it will contain records of virtually all borrowings and repayments of individuals across the State. The credit histories relating to individuals and persons who are licensed or regulated by the Central Bank will be covered under the existing Central Bank exemptions under FOI. Some companies not regulated by the Central Bank, for example, Dunnes Stores and Ryanair, would be subject to consideration for release under FOI as the Bill now stands, although there is a very strong likelihood that such records would be exempt because they were received in confidence or they are commercially sensitive. I am, however, proposing this exemption on the basis that confidential personal information relating to an individual’s financial affairs should not be included under the remit of FOI.

The other issue relates to Iarnród Éireann. Before the Bill was published, it was decided that Irish Rail would be brought under the remit of FOI. In making arrangements for this measure, it became clear that the inclusion of Irish Rail would have to be refined to ensure that no unintended consequences would result. Does the Deputy remember I said that monopolies would be captured? Rosslare Europort is operated by Irish Rail in a commercial environment and should be treated in the same way as the other commercial ports, and that is what I intend to do.

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