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Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: No provision is made for an application fee. Provision is made for fees which specifically relate to search and retrieval and copying only. We have got there.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: That is good and many people called for it. It would be churlish of people not to acknowledge the second sentence when they get to it. I tabled an amendment to the section before this, but related to this section, which was ruled out of order. I proposed there should be no application fee but it was ruled out of order because only the Minister can make such a provision. I also proposed a...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: What is the Interpretation Act? Is it this Act?

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I only sought to amend this Bill, not the Interpretation Act 2005, so I will withdraw my amendment.

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: I move amendment No. 41:In page 26, line 13, after “writing” to insert “, or electronically”.It is a very simple amendment and I hope the Minister will not have a problem with it. It relates to the section where we are getting into the meat of what the Act is about, having gone through the various definitions. This is the first section dealing with a request for...

Freedom of Information Bill 2013: Report Stage (Resumed) (16 Jul 2014)

Seán Fleming: The Minister made it clear accepting this amendment would require a renegotiation of the Good Friday Agreement to allow cross-Border bodies come under the freedom of information legislation. I do not believe anyone involved in the negotiation of the Agreement felt it would turn out to be an impediment to the statutory improvement of cross-Border matters.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: I move amendment No. 20:In page 15, between lines 28 and 29, to insert the following:“(b) the Office of the President;”.This seeks the inclusion of the Office of the President and was discussed on Committee Stage. Amendment No. 21 seeks the inclusion of the administrative functions of Tourism Ireland because it is included as an exempt body in the schedule.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: I do not think that is a reason to exclude it as people in the North are sufficiently open, though it may be necessary to hold talks. Amendment No. 23 deals with receivers and administrators working for or on behalf of the National Asset Management Agency, NAMA. We are talking about people with service contracts or administrative arrangements with a State body. I presume the National...

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: The Minister will understand why I make this point. Amendment No. 105 deals with Tourism Ireland and amendment No. 106 seeks to remove Waterways Ireland from the list of exempt bodies, though I know there is a North-South dimension. Perhaps discussions are underway to bring about these changes because there is a lacuna in the legislation where matters that should be subject to FOI scrutiny...

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: I will not labour this point and I do not wish to personalise the matter but this is not a matter of the Oireachtas encroaching on the functions of the Office of the President. It is a public office, the holder of the position is elected by the people of Ireland and long may this continue to be the case. I feel when people elect a person to an office they are entitled to know what goes on...

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: It is not like the administrative arrangement between Bus Éireann and the Department of Education and Skills. There are many different types of administrative arrangement and I think there could be scope under this heading for many issues. North-South bodies should be covered by this legislation.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: We have learned something new today. The Good Friday Agreement precludes North-South bodies from inclusion in freedom of information legislation.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: Unless there is agreement on both sides. We would have to renegotiate the Good Friday Agreement to bring Tourism Ireland, Waterways Ireland, the Food Safety Promotion Board and all North-South bodies under the Freedom of Information Act. It will be a revelation

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: The Minister will do that. I take his word on it. I asked that a list could be provided within three months but we will be able to get the information without the list.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: The information is obtainable.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: That is not the case under the current legislation but it will be under the new legislation.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: Does the Minister say that this time next year or some such time, all the information the Committee of Public Accounts cannot get about Rehab and the CRC will be available under FOI?

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: Section 38 and section 39 agencies will be included.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: I am talking about taxpayers' money.

Freedom of Information Bill 2013: Report Stage (16 Jul 2014)

Seán Fleming: This is a good day's work if the logjam is brought to an end in terms of public accountability for funds provided to section 38 and 39 agencies, which currently cannot be obtained by anyone in the Oireachtas, including the Committee of Public Accounts and the Joint Committee on Health and Children, because they are not the people who receive the money voted through the Houses. In due course,...

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