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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: 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”.

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: 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...

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