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

Generally, I understand what is involved but there is one issue. I tabled amendments which are part of this group. Amendment No. 101 is in my name and the Minister's name and it deals with EirGrid. EirGrid is the issue I want to talk about in this group. We put the case to the Minister on Committee Stage that Irish Water is now under FOI and EirGrid is a State monopoly. The Minister is bringing EirGrid into the section in the legislation that deals with partially included agencies. There are exempt agencies and partially included agencies. Amendment No. 86 states:

EirGrid plc, other than insofar as it relates to records held by it relating to its functions under its transmission system operator licence granted under section 14(1)(e) of the Electricity Regulation Act 1999;[.]

I note the debate we had and that EirGrid will have commercial transactions with various power plants on such issues as what it is paying and when they come online. Those are commercial issues because there are many providers other the ESB and it is a commercial business. That is not what my party is getting at, but will the Minister confirm, because one gets lost with partially included bodies and what is included in the provision, that it means EirGrid other than in so far as it relates to its functions? Will he clarify that, once the Bill is enacted and fully implemented, all aspects of EirGrid's work on the planning process of the pylons, Grid Link, Grid West and the North-South interconnector will be subject to FOI? I can understand the Minister would have a difficulty in relation to the commercial sensitivity aspect of EirGrid's dealings with the power plants, but what has exercised the public mind more than anything is the performance of EirGrid's public duties in so far as it affects the planning of routes, planning applications and the public consultation process. He will be aware there were 35,000 submissions and as a Leinster Member, he will be aware of the areas affected and that there is quite a lot of controversy in many other areas. Will the Bill facilitate full FOI disclosure on the planning of these projects? This would not be the commercially sensitive aspect. It is only the early stages before anybody ever talks of construction or the cost of a pylon and I want to know if that will be included.

If it is included, will the Minister indicate the earliest year about which a person can make an FOI request? There are EirGrid disputes that are probably going on a number of years. I intend it to go back not to the year dot or anything like that, but up to six years. He might also state the earliest date about which a person will be able to make an FOI request on EirGrid in the future. For example, there have been several oral hearings and An Bord Pleanála decisions on EirGrid in recent years. If those who felt they did not get all the information one gets at such hearings or the information that is published by the applicant, and EirGrid will only have published what suited its application in these hearings, will this provide an opportunity for them to be able to use FOI to get information on some of those projects that are currently trundling away through the system? The Minister might clarify precisely what type of information will be available.

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