Leo Varadkar (Dublin West, Fine Gael)
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Question 111: To ask the Minister for Finance if he will amend the Freedom of Information legislation to include An Garda Síochána, the vocational educational committees, the National Treasury Management Agency and the newly established National Asset Management Agency; if not, the reason for the failure to include these bodies; and if he will make a statement on the matter. [18730/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Officials in my Department are currently examining the issues arising from the intended extension of Freedom of Information provisions to specific functions in An Garda Síochána.

The Vocational Education Committees will be brought in under the Act in the next extension to the Act which is currently being worked on by officials of my Department.

With regard to the National Treasury Management Agency I do not propose to extend FOI to this body for reasons of commercial sensitivity. In relation to the Agency's role as the State Claims Agency, most of its work is covered by legal privilege and it is considered that a partial application of FOI to the State Claims Agency would not be warranted.

NAMA has a commercial mandate to obtain maximum value for the taxpayer and, to achieve this objective it is required to enter into complex commercial negotiations with financial institutions and developers, the nature of which requires in many instances a high degree of commercial confidentiality and therefore it is not appropriate to extend FOI to this body.

Leo Varadkar (Dublin West, Fine Gael)
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Question 112: To ask the Minister for Finance if he will amend the Freedom of Information legislation to include the enforcement functions of the Health and Safety Authority; the road safety functions now carried out by the Road Safety Authority; the functions of the Land Registry and Registry of Deeds now performed by the Property Registration Authority and the proposed removal of the enforcement function of the National Employment Rights Authority; if not, the reason for the failure to include these bodies; and if he will make a statement on the matter. [18731/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The enforcement functions of the Health and Safety Authority includes investigations into the breaches of the Health and Safety Act and involves collaboration with An Garda Síochána in the prosecution of such breaches of the Act through the Courts. It is therefore not appropriate that this function should be covered by the FOI Act as disclosure of records in this area of activity could compromise such enforcement activities. All of the other functions of the HSA are covered by the FOI Act.

The Road Safety Authority is not currently under the FOI Act but will be considered for inclusion in the next extension to the Act which is being worked on by my officials.

The Property Registration Authority will be brought in under the Act as part of the above mentioned extension process.

The legislation setting up the National Employment Rights Authority as an independent body is currently being worked on. The proposed exclusion of its enforcement function from the FOI Act is a mirror of the provision contained in section 74 of the HSA Act to specifically protect law enforcement records against disclosure. It is intended that all other functions of the body will come in under the Act.