Gerard Craughwell (Independent) | Oireachtas source

The issue of commercially sensitive details being contained in reports is being used constantly at Oireachtas committees and in the Houses. “Commercial sensitivity” is about other commercial entities.This is a problem for the Houses of the Oireachtas and the committees in the Oireachtas as much as for the Minister. We should be able to have access to information. Far too often, commercial sensitivity or commercial issues are cited to us when denied access to information. It is clear in European regulations that the function of the Houses of the Oireachtas is oversight. It is up to the Houses of the Oireachtas to have oversight. A recent communication from the Department cites Article 18 of European Directive No. 24/2014. The Department said it is unable to hand over certain information or appear before an Oireachtas committee because of commercial sensitivity. If the author of that letter had continued to read on as far as Article 83 of the same directive, he or she would have seen that they are obliged to be overseen by the Parliament. That includes parliamentary committees and special committees put together for oversight purposes. Far too often, the function of either House of the Oireachtas or the committees within the Oireachtas is diluted through this excuse of commercial sensitivity.

I have no difficulty with what the Minister of State said about section 67 and the Minister getting the report first. However, the Department is responsible for this. There are reports into maritime issues that we are still waiting to have released almost a year later, if I am not mistaken, or maybe longer than a year. Even though the legislation states the report has to be released within a month, there is a likelihood that at some stage in the future a Minister will say he or she is unable to publish it for commercial reasons or whatever other reason. This is why we are trying to hardwire into the legislation that it has to come before the Houses of the Oireachtas. I accept the Minister of State's bona fides. I accept that she would want to publish something within a month, as the Bill states, but her officials may tell her she cannot. Where do we stand then? After all, we are supposed to be overseeing the Departments, not the other way around. The Minister of State's colleague in Fine Gael, Deputy Michael Ring, made a strong speech about the need for Oireachtas Members to be able to oversee things. That is something we need to dig our heels in on and make sure we are treated with the respect those who elect us require of us.