Joan Burton (Dublin West, Labour)
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Question 178: To ask the Minister for Finance the legal basis under which non-governmental bodies can be prescribed for inclusion under the Freedom of Information Act 1997; and if he will make a statement on the matter. [38119/08]

Joan Burton (Dublin West, Labour)
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Question 179: To ask the Minister for Finance the procedure and the criteria for determining if organisations, other than public bodies, can be prescribed for inclusion under the Freedom of Information Act 1997; the details of the consultation process with affected organisations prior to the decision being taken; and if he will make a statement on the matter. [38120/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 178 and 179 together.

As stated in the Long Title, the purpose of the Freedom of Information Acts 1997 as amended in 2003 is to "enable members of the public to obtain access to the greatest extent possible consistent with the public interest and the right to privacy, to information in the possession of public bodies".

Only bodies which meet the criteria for definition of "public body" set out at section 1(5) of the First Schedule of the FOI Act can be prescribed for inclusion under FOI. This provides that such bodies are:

"(a) the Garda Síochána

(b) a body, organisation or group established

(i) by or under any enactment (other than the Companies Acts, 1963

to 1990) or any scheme administered by a Minister of the Government,

or

(ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

(c) any other body, organisation or group financed as aforesaid,

(d) a company (within the meaning of the Companies Act, 1963) a majority of the shares in which are held by or on behalf of a Minister of the Government,

(e) any other body, organisation or group appointed by the Government or a Minister of the Government,

(f) subject to paragraph 2, any other body, organisation or group on which functions in relation to the general public or a class of the general public stand conferred by any enactment, or

(g) a subsidiary of a body, organisation or group specified in any of the foregoing provisions of this subparagraph."

The First Schedule provides that eligible bodies are prescribed by the Minister for Finance with the consent of the responsible Minister, where relevant.

As regards consultation with organisations being prescribed for FOI this is a matter for the relevant Minister. However, from the outset, when the FOI legislation was enacted in 1997, it has always been a priority to ensure that public bodies coming under FOI are well prepared and the Central Policy Unit of my Department oversees a programme providing for the preparation and training for new bodies coming under FOI.