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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)

Brendan Howlin: The Deputy will note that subsection (7)(c) reads: Where an order is proposed to be made under paragraph (a), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

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)

Brendan Howlin: That is not what I read.

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)

Brendan Howlin: All such exclusions would require a vote.

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)

Brendan Howlin: I will find the exact reference for the Deputy. We will examine the issue, but that is the intention. If it is not crystal clear, we will make it so.

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)

Brendan Howlin: That is what is stated in subsection (3)(a), but if it is not clear, we will make it so.

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)

Brendan Howlin: I will have the matter clarified.

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)

Brendan Howlin: That is my intention.

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)

Brendan Howlin: The way to proceed, as both the Deputy and I are ad idem on the intent, is that I will ask the Office of the Parliamentary Counsel to check the point. If it is not captured, I will make sure it is before Report Stage.

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)

Brendan Howlin: Nobody can be excluded without there being a vote in the House.

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)

Brendan Howlin: I suggest the Deputy resubmit the amendment on Report Stage and I will deal with it then.

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)

Brendan Howlin: This is a dispute between the Information Commissioner who is a party to the dispute-----

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)

Brendan Howlin: Obviously, the Information Commissioner cannot decide if he is a party to the dispute.

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)

Brendan Howlin: No, a 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)

Brendan Howlin: If the public body and the Information Commissioner are in dispute-----

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)

Brendan Howlin: Yes.

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)

Brendan Howlin: This construction was made at the request of the Information Commissioner.

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)

Brendan Howlin: I move amendment No. 21: In page 17, between lines 14 and 15, to insert the following:"(8) A regulated financial service provider within the meaning of section 2 of the Central Bank Act 1942 shall not be deemed to be a public body by reason of the exercise of supervisory, regulatory or resolution powers over that provider by the Central bank of Ireland or the Minister for Finance.".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)

Brendan Howlin: I listened to Deputy Boyd Barrett's point and he is correct. We all impact on the environment. I was in Rio and as the then Minister for the Environment I attended the five year review of the Earth Summit, known as Rio plus 5 in 1977. I understand the scale of what was agreed at the summit. The broad stroke has to be written into legislation that is practical and meaningful. As I said...

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)

Brendan Howlin: They are 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)

Brendan Howlin: Not tribunals to which the Tribunals of Inquiry (Evidence)Act 1921 applies, but the appeals bodies and so on that the Deputy raised.

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