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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: The Minister is the other party to the dispute.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: But the public body-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: The Minister will decide.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: Okay. My understanding is that in regard to environmental regulations, the ruling from the European Union is that-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: I thank the Minister.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: I move amendment No. 14 In page 16, between lines 7 and 8, to insert the following:“(i) This Act shall extend to—(i) a tribunal to which the Tribunals of Inquiry (Evidence) Act 1921 applies, (ii) any other tribunal or other body or individual appointed by the Government or a Minister of the Government to inquire into specified matters at least one member, or the sole member, of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: I move amendment No. 13: In page 16, between lines 7 and 8, to insert the following: “(i) any body within the meaning assigned to “public authority” by S.I. No. 133 of 2007 (as amended by S.I. No. 662 of 2011).”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: Amendment No. 80 was compiled by Deputy Catherine Murphy.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: Deputy Doherty asked the right question. It is a question I have been putting to all of them. Deputy Doherty is putting it to EirGrid. EirGrid is not competing with anybody. It has commercially sensitive information which absolutely should not be subject to freedom of information. That is protected by the commercial sensitivity provisions in the legislation. However, as we are all...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: Why give it total immunity from freedom of information? What is the advantage to the State?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: It does not compete with anybody.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: As Deputy Fleming said, every Government Department is in commercial relationships.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: And the NRA.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: It contracts the builders of the roads.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: I wish to continue with this point. Is the Minister claiming that everything the language body does is commercially sensitive?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: Is the Food Safety Promotion Board a North-South body?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: Will the Minister, please, provide an example - this is not an unreasonable request on Committee Stage - of a piece of information?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: With the greatest of respect, this is-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: I can think of good reasons to include State-owned bodies. Let us take the ESB as an example. We have the highest energy prices on Earth. We also have some of the highest wages paid within a utility sector. I have plenty of anecdotal evidence of all manner of ways to save the State money while providing the same service, but the ESB is protected. I will conclude, as the Minister clearly...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (12 Nov 2013)

Stephen Donnelly: That is not my reason at all.

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