Brendan Howlin (Wexford, Labour) | Oireachtas source

At present, section 5(4)(m) provides an exemption for certain communications between a body and a Minister who holds a share or who has a statutory function with regard to the body. The exemption is intended to cover governance matters made within the ordinary course of business of a commercial semi-state body. Commercial semi-state bodies are of strategic importance, and we have spoken about this in every piece of ethics legislation. The ability of a Minister or a parent Department to engage with such bodies that are owned by the State as shareholder is an essential part of normal governance. That is as any shareholder would with a body that it owns. An appropriate balance is therefore critical between strengthening transparency and avoiding the diminution of effective governance of commercial State companies that are really important to the State and the people.

This is a narrow exemption dealing with governance issues and it is intended that other relevant communications on wider sectoral or regulatory issues would continue to be subject to registration as per the Bill. There is a narrow sphere to ensure that proper governance and oversight can be dealt with by the parent Department or Minister - the shareholder - and the company in a normal business way.

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