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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 (Resumed) (13 Nov 2013)

Brendan Howlin: Yes it is enough.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: The FOI is encompassing An Garda Síochána for the first time.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: The regulations will be made by the Minister for Justice, Equality and Defence but I presume that they will have to come before the Oireachtas in the normal way. I will check that point for the Deputy and come back to him.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: It is agreed that it will not be all Garda stations.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 79: In page 72, between lines 22 and 23, to insert the following:“(c) a record held or created under the Companies Acts by the Director of Corporate Enforcement or an officer of the Director (other than a record concerning the general administration of the Director’s office);”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: The Deputy has given me further information to which I wish to respond this evening in the Dáil.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 86: In page 75, between lines 23 and 24, to insert the following:“A bridge bank within the meaning of section 17 of the Central Bank and Credit Institutions (Resolution) Act 2011 Allied Irish Banks p.l.c.”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 92: In page 76, between lines 5 and 6, to insert the following:“Irish Bank Resolution Corporation Limited (in Special Liquidation)”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 94: In page 76, between lines 12 and 13, to insert the following:“permanent tsb Group Holdings p.l.c.”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 95: In page 76, between lines 14 and 15, to insert the following:“Private Security Appeals Board”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I understand what the Deputy is saying. Section 40(2) lists a range of records to which subsection (1) applies in addition to the class of records which could be protected under the original Act. This is because we are extending the scope of this Act to the NTMA group of companies. We have had discussions with those who will be affected and they have serious concerns regarding the impact...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: The NTMA was not included until I came along.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: Thank you. Tús maith.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: Section 41, as contained in section 32 of the original 1997 Act, upholds the operation of specific confidentiality and non-disclosure provisions in other legislation that has been passed, unless such provisions are listed in Schedule 3 of this Bill, in which case they are subordinate to this FOI regime. Provision is made in this legislation for the review of secrecy provisions in other Acts...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I will wait to receive the proper guidance from the committee.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 71: In page 61, line 11, after “by” to insert “law of the European Union or”.This is an important technical amendment to provide explicitly in section 41 that FOI requests for records whose disclosure is prohibited under EU law shall also be refused. This is based on strong advice I have received.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 72: In page 63, between lines 2 and 3, to insert the following:“(vi) the management and use of covert intelligence operations;”.In line with the programme for Government commitment, the Government decided that FOI should apply to An Garda Síochána in respect of administrative records, subject to security exemptions. Section 42(b) provides the FOI...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I move amendment No. 74: In page 65, lines 20 to 25, to delete all words from and including “or” where it secondly occurs in line 20 down to and including “body.” in line 25 and substitute the following:“(l) unless consent has been lawfully given for its disclosure, a record relating to any private paper or confidential communication, within the meaning of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: Section 45(2) permits the Information Commissioner to enter a premises of an FOI body to examine and copy records which in his or her view are relevant to his or her investigation, and the commissioner may remove those records from the premises for a reasonable period. Section 45(10) prevents the Information Commissioner from entering Garda premises or from taking documents designated by...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Freedom of Information Bill 2013: Committee Stage (Resumed) (13 Nov 2013)

Brendan Howlin: I am not sure what is not captured that could be captured in this proposal.

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