James Browne (Wexford, Fianna Fail) | Oireachtas source

Regarding amendment No. 70, the Bill provides in section 64 for an amendment to the Freedom of Information Act 2014. The intention is that the authority members, its staff, authorised officers, the appeals panel, appeals board, appeals officer and adjudication officer would be subject to obligations under the Freedom of Information Act concerning their respective functions insofar as the information relates to records and general administration. This means that records relating to matters to do with the administration and operation of the authority, such as expenditure, procurement, contracts, human resources and so on will be the subject of the provisions of the Freedom of Information Act. This policy reflects the freedom of information obligation on An Garda Síochána, the Office of the Information Commissioner and the Insolvency Service of Ireland. The authority will be in possession of a significant amount of information relating to applicants. In addition to personal data, these records will contain commercially sensitive information and their release would leave the companies and individuals concerned in a vulnerable situation as the information could be used to gain an unfair commercial or competitive advantage over them. That said, it is important to emphasise that, as a customer safety measure, the register of licensees will be public and accessible in order that it will be clear to see who or what is licensed to provide gambling activities and related services.

Regarding the Bill's compliance and enforcement provisions, the authority will be dealing with a considerable number of records relating to the alleged or suspected non-compliance of licensees. Releasing these under FOI would undermine the conduct of investigations and-or prosecutions by effectively obstructing the due process rights of any party concerned. The authority will have a detailed and accurate website, with information for licensees and the public. It will be obliged to submit its annual reports and annual accounts to the Minister, which will be laid before both Houses. It is believed these reporting obligations will ensure the authority will operate with adequate transparency to ensure public confidence in it. For these reasons, I will not be accepting the amendments.

With regard to amendments No. 71 to 73, inclusive, there is no requirement under the Bill for the authority to enter such an arrangement with a body specified in the amendments. However, there is nothing in the Bill to hinder the ability of the DPC to conduct investigations in types of matters raised by the Senator. Unfortunately, I cannot accept those amendments.