Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 169:

In page 80, between lines 36 and 37, to insert the following: "(1A) A record of any consultations conducted under subsection (1) shall be kept and in the case of consultations carried out under subsection (1)(d) such a record will include the rationale by which the Commission deemed the person to be appropriate to consult with, and such records shall be deposited with the Minister and laid before both Houses of the Oireachtas.".

This amendment is similar to another provision I put forward. It is very important that there be transparency in respect of records, especially since this is an area involving very large amounts of money. It is a very significant area and it is really important that there be absolute transparency. Not only that, but there almost must be seen to be transparency in regard to how the commission performs its functions. This is necessary to engender the wide public trust that is essential to its successful operation.

At set out in the Bill, when it comes to designating an online service, the commission may consult a number of relevant persons. I have suggested who those people might be. The Bill also specifies that the commission may consult any other person it considers appropriate. My amendment proposes that where any such consultation under subsection (1) takes place, there should be a record of that consultation having happened and, in the case of consultations carried out under subsection (1)(d), which allows for consultation with any other persons the commission considers appropriate, the record should also include the rationale under which the commission deemed those persons appropriate to consult. I have further proposed that these records be deposited with the Minister and laid before both Houses of the Oireachtas. Perhaps they do not need to be laid before the Houses but, for accountability purposes, there certainly needs to be a record of such consultations.

We had a similar debate around another area in which I was looking for transparency. I ask the Minister to address this issue in order that we can move forward. There is the principle of the records existing and then there is the principle of where they should be deposited, whether with the Minister and-or before the Houses of the Oireachtas. It would be useful if she could address both principles in order that we can narrow our proposals down towards something acceptable on Report Stage. On the general principle of transparency, I note that similar amendments have been accepted by the Minister for the Environment, Climate and Communications, Deputy Eamon Ryan, in respect of climate legislation, and by the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, in respect of housing legislation. It has been a general practice that where there is consultation, we should endeavour to ensure it is known that such a consultation has occurred. That is constructive and positive and it builds public trust.

Will the Minister respond to those two points, that is, the question of there being a record and the question of where such records should be deposited? The principle of transparency is really important. Where the commission is engaging with a major online company, lobbyist or any other body, some of that engagement will be captured under the lobbying legislation, but some of it will not. There should be a record of all such engagements.