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

Brendan Howlin: As I have said, my intention is that 21 April 2008 will be the date that will apply to the vast majority of bodies under the Act. We will all recall that 2008 was before any of the egregious things that happened during the banking and financial crisis. All of those things flowed after that date. All of that area will be captured by this date. There has to be a balance. As the Deputy can...

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

Brendan Howlin: I move amendment No. 10:In page 10, line 35, to delete "or such other date as the Minister may by order appoint" and substitute "unless provision is made to the contrary by order under section 6".

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

Brendan Howlin: I move amendment No. 11:In page 10, lines 36 and 37, to delete "such prospective date as may be prescribed by order" and substitute the following:"the date that the order prescribing the body under section 7(1) is made, other than where a later date is specified in that order".

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

Brendan Howlin: I move amendment No. 12:In page 11, between lines 5 and 6, to insert the following:" "entity" means a person, body of persons, organisation or group;".The expression "entity" has been used throughout the Bill to describe a body or company, etc. The Office of the Parliamentary Counsel has advised that this expression, which is used often in the Bill without being subject to a definition,...

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

Brendan Howlin: Okay.

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

Brendan Howlin: A number of different issues were raised and I will deal with them on a Deputy by Deputy basis. On the amendments submitted and spoken to by Deputy McDonald, Nos. 13, 43 and 48, as I indicated previously I am not inclined to accept Deputy McDonald's proposal to appoint an FOI data manager. I agree with the Deputy, however, that the role of the FOI central policy unit, which lies within my...

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

Brendan Howlin: I do not get excited about too many things.

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

Brendan Howlin: A significant volume of statistical data is published in the Ombudsman’s annual report. All the statistics Deputy McDonald is seeking are published there. This can be refined. I had a discussion with the Information Commissioner during the week about the implications of this legislation. I believe it will be warmly embraced and more data will become available. I do not know what...

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

Brendan Howlin: I move amendment No. 14:In page 13, to delete lines 25 and 26 and substitute the following:“(I) in a case where the individual holds or held— (A) office as a director of, (B) a position as a member of the staff of, or (C) any other office, or any other position, remunerated from public funds in, an FOI body, the name of the”.This amendment will broaden the definition...

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

Brendan Howlin: I move amendment No. 15:In page 14, line 21, after “services” to insert the following:“and contract for services in this definition includes an administrative arrangement between an FOI body and another person”.It was always intended that this Bill would provide that Bus Éireann school transport services, carried out on behalf of the Department of Education...

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

Brendan Howlin: The Deputy will be able to do that.

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

Brendan Howlin: Yes.

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

Brendan Howlin: All those bodies are captured by this legislation.

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

Brendan Howlin: Yes.

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

Brendan Howlin: In so far as it relates to contracts of service with a State agency.

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

Brendan Howlin: Yes, but if they are doing commercial business on the side that is not subject to FOI.

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

Brendan Howlin: In so far as a contract is in place with a State agency, that is subject to FOI.

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

Brendan Howlin: I apologise to you, a Leas-Chathaoirligh, for speaking across you. It is intended that where there is a contract of service or an administrative arrangement between a body and a public body, it will be subject to FOI. That opening to which Deputy Fleming referred will be available once the legislation is enacted. I must put on my legal hat to respond to what is the difference between a...

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

Brendan Howlin: I move amendment No. 16:In page 15, line 8, to delete “Subject to section 6(7)(c)” and substitute “Subject to sections 6 and 7".

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

Brendan Howlin: I move amendment No. 18:In page 15, line 15, after “incurred” to insert “by the Minister”.

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