Sean Barrett (Independent) | Oireachtas source

I move amendment No. 2:

In page 11, line 15, to delete “or a prescribed body”.

I welcome the Minister and thank him and the Minister of State, Deputy Simon Harris, for their responses.

I am on the Minister's side and hope that the amendments I have tabled will be of use in strengthening the Bill. That is the spirit in which they are offered. As stated in a previous discussion on these issues, these measures are absolutely necessary because as Sir Humphrey is not a natural democrat he will, unfortunately, use all of his skills to conceal information from the public. As a parliament, we are trying to bring information into the open.
Amendments Nos. 2 and 3 arise out of the Explanatory Memorandum, and on the basis of the speech made by the Minister on the last occasion we discussed this Bill, which states that this Bill will enable FOI to apply to all public bodies. Essentially, FOI is being extended to the widest possible definition of public bodies. Amendment No. 2 seeks the deletion of the phrase "or a prescribed body" so as to provide that FOI applies to all public bodies. It is nudge economics. We are nudging bodies and people into this area and want to ensure there are no loopholes through which they might escape. For example, a future Minister may be less enthusiastic about this matter and may not so prescribe. Should we not, therefore, be providing that this applies to all public bodies and, ditto, in respect of all voluntary bodies in receipt of public money? There should be no fudge around this. All bodies know where the Exchequer is when looking for funding and should also know where the parliament is when seeking information. That is the spirit in which amendments Nos. 2 and 3 are proposed. In other words, there is no need to prescribe and every body is included.
Amendment No. 13 relates to voluntary bodies and incorporates words from a later section of the Bill, which states:

(1) Having regard to the need to ensure the oversight of entities that, although not public bodies, receive funding from the State and the need for such bodies to adhere to the principles of transparency and accountability in government and public affairs as respects those of their activities that are funded by the State, such bodies and activities are subject to this Act.

This amendment seeks the provision of more power for the current Minister and his successors. I know the Minister will utilise his power but I want to make sure his successors are similarly constrained. It is a strong message of support which is influenced by the work being done by Deputy Ciarán Lynch in the banking arena, where there were amazing bouts of amnesia and failure to keep records. Bodies should not be permitted to say that they do not keep records lest somebody at the behest of the Minister, Deputy Howlin, starts asking FOI questions. As I said, I am on the Minister's side on this. That is the spirit of the amendments. All bodies and organisations which receive funding from the Exchequer should be included, as is every public body and, therefore, there is no need to prescribe.