Brian Lenihan Jnr (Dublin West, Fianna Fail)

I will deal with the two amendments in turn. The first seeks to apply the Freedom of Information Act 1997 to the board with effect from the establishment date. On the advice of the Attorney General, the amendment should not be accepted, since it applies to the board rather than to the executive and would create substantial legal difficulties. However, I am glad that the amendment has been tabled, since it gives me the opportunity to clarify the position regarding the Act.

Section 65(4) provides that all records of the bodies dissolved under this legislation should be transferred to the executive. Paragraph (10) of Schedule 5 provides that the Freedom of Information Act 1997 applies to records held by the executive that were created by any of the bodies incorporated into the executive before its establishment. The amendment to the Freedom of Information Act 1997 is in Part 7 of Schedule 7 to this Bill. It ensures that the Act will apply to the executive unequivocally.