Dáil debates

Tuesday, 27 November 2018

African Development (Bank and Fund) Bill 2018: Instruction to Committee

 

7:15 pm

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein) | Oireachtas source

Tá dhá pháirt leis an rún seo agus ba mhaith liom tús a chur leis an aitheasc agus dul go dtí Acht na Cánach, is é sin chun deireadh a chur leis an coimhlint idir na rialacha ó thaobh faisnéise idir an FOI, agus dlíthe na gcánacha.

I do not object to the motion which covers two amendments. The second seeks to resolve the conflict between the FOI rules and the tax Acts. We will discuss the matter in more detail in committee. I have no problem with allowing it to proceed. It is interesting to consider the balance between taxpayer confidentiality and the right of the public to access information deemed by them to be important. I understand this change will allow the Office of the Information Commissioner to access and assess information that is confidential under tax laws. That is a necessary change, but it is limited to the Information Commissioner, which is worthy.

I have had freedom of information requests refused when I sought records related to the Department of Finance, for example, in its meetings with Apple at a time when the House was discussing changing our tax code, a change which actually favoured the company and others to the tune of billions of euro. Private meetings which result in potential changes to the country's GDP are of public interest and the influence of big businesses in a small country means that their business becomes our business. That discussion may be appropriate for another day when the amendment is discussed in committee. The motion should open up a wider conversation about how in very limited circumstances freedom of information and the notion of taxpayer confidentiality can coexist.

I do not object to the first amendment the Minister of State mentioned, as it will still require Dáil resolution. In light of recent legislation, including the Asian Infrastructure Investment Bank Act and this Bill, vigilance is needed to ensure that expenses related to the development banks are always democratically assessed and approved.

I support the motion.

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