Eoghan Murphy (Dublin South East, Fine Gael)
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441. To ask the Minister for Public Expenditure and Reform if he is considering amending the Freedom of Information Act to include companies that are owned by local authorities. [37116/13]

Brendan Howlin (Wexford, Labour)
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Section 6 of the Freedom of Information (FOI) Bill 2013 contains a generic definition of public body which will enable FOI to apply to all public bodies unless specifically exempt in whole or in part. Essentially, FOI is being extended to the widest possible definition of public bodies, including a number of significant high profile bodies which have been excluded since the legislation was first enacted. Provision is also being made in the Bill (Section 7) to allow for the application of FOI, either in whole or in part, to non-public bodies which are in receipt of significant funding from the State. This will be progressed in due course by way of Ministerial Order subject to consultation with the relevant Departments to agree on criteria to select bodies which are a priority for bringing within the FOI regime.

As regards the companies that are owned by local authorities, the position is that, while it would not be possible for me to state definitively that all of the companies that are owned by local authorities will be covered by FOI under the new legislation, it appears on the face of it that such companies will be automatically comprehended by the very broad definition of public body contained in Section 6 of the FOI Bill, in particular Section 6(1)(f), subject to the appropriate commencement period provided for in Section 1(3) of the Bill. Certainly no exemption has been provided for such companies. Confirmation of the position in any particular instance should presumably be available from the relevant local authority based on its knowledge of the specific legal structure that is in place.