Results 19,201-19,220 of 29,533 for speaker:Brendan Howlin

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

Brendan Howlin: I move amendment No. 19:In page 15, to delete lines 25 and 26, and substitute the following: “Subject to this section, each of the following”.The purpose of the amendments is to ensure that in the case of any public body that is subject to FOI in full, its subsidiaries and bodies that are directly or indirectly controlled by the body are also subject to FOI in full. It is also...

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

Brendan Howlin: I think the first sentence spoken by the Deputy was correct. He said this is simple but sounds complicated. The legal structures of many bodies in receipt of funds from the State coffers mean I must deal with them in a clear legal way. I wanted to cast the blanket as widely as possible, subject to a few caveats that include commercial activities that will be dealt with in some amendments...

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

Brendan Howlin: It is a North-South body.

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

Brendan Howlin: I will explain the situation.

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

Brendan Howlin: These are all Deputy Sean Fleming's amendments addressing issues that were debated on Committee Stage. I have not changed my mind on the Office of the President as the tradition that the President is above politics and outside the fray is accepted. I considered the amendment but will not accept it. Amendments Nos. 21 and 105 relate to Tourism Ireland while amendment No. 103 relates to the...

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

Brendan Howlin: I will send the Deputy a note on that as it is a different type of administrative arrangement.

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

Brendan Howlin: I am advised that to include such bodies in this legislation would require reopening the Good Friday Agreement and another referendum.

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

Brendan Howlin: Unless there is agreement.

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

Brendan Howlin: That is my advice.

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

Brendan Howlin: As far as I am concerned, I want the freedom of information blanket to be spread over all bodies receiving public funds. I have determined we should exempt the Office of the President. As for the North-South bodies, amazing as it sounds, I have been advised that because they are creatures of the Good Friday Agreement, then I would have to re-open it to change the terms negotiated. They are...

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

Brendan Howlin: I move amendment No. 24:In page 15, line 30, after “established” to insert “(other than under the Companies Acts)”.This amendment is being proposed to the definition of "public body" in section 6(1)(c) to make it clear it includes a body established or appointed by the Government or a Minister other than a body established under the Companies Acts. The purpose of...

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

Brendan Howlin: I move amendment No. 25:In page 15, line 31, after “established” to insert “(other than under the Companies Acts)”.

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

Brendan Howlin: I move amendment No. 26:In page 16, between lines 7 and 8, to insert the following:“(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes of this Act. (b) A subsidiary of a parent entity, or a body directly or indirectly controlled by a parent entity, shall be a public...

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

Brendan Howlin: There is slight confusion. The measure does not allow the Minister to prescribe new bodies; it is to provide a mechanism for bodies that are automatically captured but who might feel they should not be subject to freedom of information and who wish to dispute the case. Both sections 6(5) and 7(5) provide for the Minister to be the final arbiter in a dispute between the Information...

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

Brendan Howlin: Not when he or she is party to the dispute.

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

Brendan Howlin: Yes, it is disputing the decision of the Information Commissioner that it is subject to freedom of information.

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

Brendan Howlin: If it says it is not included as being subject to freedom of information.

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

Brendan Howlin: The Deputy is confusing two different issues again. This is simply a provision where the basic fact of whether a body is included or not is in dispute and the dispute is between the body which says it is not covered and the Information Commissioner. I am providing the matter should be determined by the Minister. It mirrors the situation set out in the Ombudsman legislation, which is the...

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

Brendan Howlin: Again, the Deputy's intention is captured by the amendment I propose. He should examine amendments Nos. 33 and 34. The procedure for the Minister to be able to act in this way is important because as Deputy Donnelly said, nothing is set in stone. The Deputy wants Dáil oversight of decisions. My amendments Nos. 33 and 34 to the relevant sections, 6 and 7, require a positive resolution...

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

Brendan Howlin: I move amendment No. 30:In page 17, line 4, after “entity” to insert “or a subsidiary of, or a body directly or indirectly controlled by, such an entity”.