Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

The Freedom of Information Act 2014 introduced a modernised, consolidated, restructured and more accessible system. It repealed the 1997 and 2003 freedom of information Acts. The Act extends freedom of information to all public bodies and automatically includes newly established bodies, unless specifically exempt.

As part of the analysis and consultation during development of the Freedom of Information Act 2014, the inclusion of bodies such as commercial State bodies and regulatory bodies was considered in consultation with relevant Ministers at the time.

Part 1 of the first Schedule to the 2014 Act lists the bodies partially included and Part 2 of the first Schedule lists the bodies exempt from the Act.

The agencies included in Part 1 are largely those with regulatory, quasi-judicial or financial functions where scope of the Act is limited to certain functions only. Decisions were made on the basis of needing inter aliato protect examinations or investigations, tribunals and dispute resolution functions, as well as to protect personal information and to comply with certain secrecy obligations under EU rules.

With regard to the commercial State bodies listed in Part 2 of the Schedule, important considerations informed and guided the approach taken. The assessment was that, in general, and consistent with the approach adopted since this legislation first came into effect in 1998, commercial State bodies should not be subject to freedom of information requirements. The rationale for this approach is the risk of the uneven competitive market environment that would be created in circumstances in which commercial State bodies operating in a competitive market were subject to freedom of information but their private counterparts were not. Notwithstanding this, the Government decided that State companies operating in a monopoly market, should be and have been made subject to freedom of information.

I am satisfied that the reasons for the full or partial exemptions stand and are consistent with the public interest. I hope the Deputy will acknowledge 600 bodies are now encompassed by this legislation.

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