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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)

Seán Fleming: I move amendment No. 11: In page 15, between lines 29 and 30, to insert the following:“(b) the functions of Bus Éireann that directly relate to the provision by it of school transport services for the Department of Education and Skills on a contract agency basis;”.What is the Minister's response? This is about Bus Éireann and school transport.

Topical Issue Debate: Unfinished Housing Developments (12 Nov 2013)

Seán Fleming: I welcome the opportunity to raise the question of the financial bonds issued by the Irish Bank Resolution Corporation, IBRC, in respect of various building developments, particularly housing estates, throughout the country. Some of the estates in question are unfinished. A difficulty has arisen, in that, as a result of the emergency legislation passed by the Oireachtas earlier this year,...

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)

Seán Fleming: We are not that bad.

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)

Seán Fleming: I hope the Minister does not think I am harping on but I did not fully get the reply about EirGrid. It is not in a commercial business. The Minister indicated it deals with companies in a commercial area and it has commercial dealings with people supplying electricity. However, every public body has commercial dealings with some organisations.

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)

Seán Fleming: The Deputy might be anti-Establishment, but he is not anti-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)

Seán Fleming: Nationalise all of them.

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)

Seán Fleming: And affordable housing.

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)

Seán Fleming: I welcome the Minister's recognition that the school transport service is discrete and his declaration that it will be subject to FOI within six months. That is good to see. Members have invested a great deal of time and energy in this legislation during pre-legislative scrutiny and prior to Second Stage. We did not end up with almost 100 amendments without considerable work. They are not...

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)

Seán Fleming: Exactly, and the Minister is dealing with them specifically. I would like to tease out the EirGrid issue in order that we understand the nature of the company. I will desist from bias in my language but I am not sure that I fully agree with the Minister's comments about the company. It provides all the 400 kV and 200 kV power lines in the electricity transmission network, while the...

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)

Seán Fleming: I will not make any charge against any person by name, but EirGrid must be brought under the Freedom of Information Act. It adds to the arrogance of that organisation. How much or little arrogance is a matter for people to judge; I will not comment on that. My amendment deletes line 30. I want Coillte Teoranta excluded as an exempted body for similar reasons. I will not go into the...

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)

Seán Fleming: That is amendment No. 93. It was coming in a second time. Amendment No. 96 has been dealt with. It comes in under the original section and here in the Schedule. Amendment No. 97 seeks to delete line 22, which refers to Waterways Ireland. It is not in commercial competition with any other company and I would like it to be included.

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)

Seán Fleming: I was speaking during the Topical Issue debate.

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)

Seán Fleming: I move amendment No. 10: In page 15, between lines 29 and 30, to insert the following:"(b) the administrative functions of Tourism Ireland;".In line with some of the other topics I had already listed, Tourism Ireland should be listed as a public body in this area. The administrative functions do not include confidential matters, commercial matters or matters of sensitivity. I can understand...

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)

Seán Fleming: The reason I mentioned "the functions of Bus Éireann that directly relate to the provision by it of school transport services for the Department of Education and Skills on a contract agency basis" is that legislation permits that those who provide services on a contract basis for a public body can be included in the freedom of information provisions. We all understand that Bus...

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)

Seán Fleming: I must explain why.

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)

Seán Fleming: Against an individual. I am talking about an organisation.

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)

Seán Fleming: A public body is not exempt from criticism in the national Parliament. Let us be realistic here.

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)

Seán Fleming: The Chairman should tell me what I did wrong and I will correct it.

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)

Seán Fleming: I have named nobody.

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)

Seán Fleming: Amendment No. 28 is on the same topic. It is a straightforward amendment to make provision for the establishment of a database to include all material released under FOI. I actually believe the Minister wants to achieve this and he is probably in the process of doing it. Since the Minister's Department is over the public service generally, I ask that it take on the task. The last thing we...

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