Brendan Howlin (Wexford, Labour) | Oireachtas source

I welcome the opportunity to support this motion in the House. This will permit the making of regulations to enable the application of the provision of the freedom of information legislation to Irish Water, Uisce Éireann. The measure is being introduced in line with the procedures set out in the existing FOI legislation, but will of course continue in force once the new FOI legislation has completed its passage through the Houses and is enacted.

Recent developments have highlighted the importance of a high degree of openness and transparency in helping to underpin public confidence and trust in Irish Water, in light of the critical role and responsibilities of that body in regard to what is one of our most valuable natural resources.

In those circumstances and given the very significant impact that the operation of Irish Water will have on all households and businesses in the State, there is a broad consensus, shared by the Government, that the activities of Irish Water should be undertaken in an appropriately open, transparent and accountable manner so that the public can be assured that it is being operated as effectively and efficiently as possible. The application of freedom of information provisions is one of several mechanisms for ensuring that this will be the case.

As the House will be aware, during the Committee Stage debate on the Freedom of Information Bill in the other House in November last, I indicated that I would take steps to make Irish Water subject to freedom of information provisions following the enactment of the new legislation and once the entity itself was up and running. Following the recent public debate on the establishment costs of Irish Water, the meetings of the relevant Oireachtas committees attended by the management of Irish Water and taking into account the expected timetable for the enactment of the Freedom of Information Bill - it was originally hoped to have it enacted by the end of last year - I indicated to the Dáil on 22 January that it was my intention to take the necessary steps now to ensure that Irish Water is brought within the freedom of information legislation as early as possible.

Section 3 of the Freedom of Information Act of 1997 provides that regulations may be made to extend the coverage of the Act. In such cases, section 3(3) of the Act provides that a resolution approving these regulations in draft from must be passed by Dáil and Seanad Éireann before the regulations can come into effect, following their signing into law by me, with the consent of the line Minister. The normal practice is to give a period of six months to public bodies to put the necessary administrative arrangements - which can be quite demanding - in place to enable them to respond to freedom of information requests in an efficient manner. It is reasonable that Irish Water should be allowed some time to make such administrative arrangements but I believe that 30 working days would be an appropriate time frame to enable the body to make such preparations. Accordingly, I am here today to ask the House to support this motion to extend the provisions of freedom of information to Irish Water with effect from its legal date of establishment, which was 17 July 2013. In addition, records held by the Departments of the Environment, Community and Local Government, Communications, Energy and Natural Resources and the local authorities relating to the establishment of Irish Water and any dealings with Irish Water since its establishment are, and will continue to be, covered under the Freedom of Information Act, subject to the normal operations of that Act.

I am calling for the support of the House for this motion to enable Irish Water to be brought under the Freedom of Information Act with effect from 17 July 2013, within 30 working days of the signing of the necessary orders.