Brendan Howlin (Wexford, Labour) | Oireachtas source

When I say this will be limited in its use, it is there as an ar-eagla-na-heagla provision, but there are clear and strong checks and balances before it can be utilised. I will bring the Senators through those. The thresholds are set out in the Bill. It requires, first, in subsection (1)(a), that it would be a serious adverse affect. In subsection (1)(b), the threshold requires that it would be expected to cause "material financial loss" or "prejudice seriously the competitive position of" a company.

The commission is then obliged to consult with relevant Ministers before it can make a decision on matters coming within the section. The commission must, by law, have regard to the public interest before coming to a determination, and whatever prevailing financial loss must be weighed against the public interest. The commission will have the option of making information available in summary form, if a redaction would meet the purpose. After all of this, there is a right of appeal to an independent appeal officer under section 23, and the right to appeal that decision to the High Court. The provision is fairly robust, but I would not take this out as Senator Ó Clochartaigh suggests, because we would not like to have a situation where we would have to do something where, by common agreement, it would be against the public interest and would strike a blow at the financial interests of the State.