Written answers

Wednesday, 18 September 2013

Department of Public Expenditure and Reform

Freedom of Information Legislation

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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443. To ask the Minister for Public Expenditure and Reform if he will consider including Bus Átha Cliath - Dublin Bus, Bus Éireann, Coillte Teoranta, Commissioners for Irish Lights, amongst others that are currently exempted under section 1, Part 2 in the Freedom of Information Bill 2013 for the purpose of transparency of public funding; and if he will make a statement on the matter. [37231/13]

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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444. To ask the Minister for Public Expenditure and Reform the reason he has included only Iarnród Éireann in the Freedom of Information Bill 2013 and not other transportation agencies such as Dublin Bus and Bus Éireann; and if he will make a statement on the matter. [37232/13]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 443 and 444 together.

I believe that commercial state bodies should not, in general, be subject to FOI requirements because of the uneven competitive playing field that would be created in circumstances that commercial state bodies operating in a competitive market were subject to FOI but their privately-owned market competitors were not. This would be expected to have an adverse impact on the commercial position of the state body in question, which would not be in the public interest or consistent with the need to safeguard the State’s economic and financial interests. It was on that basis that three of the companies mentioned in the questions - Coillte Teoranta, Dublin Bus and Bus Eireann were excluded from the application of FOI under the new legislation.

There is an argument that commercial state bodies operating in a monopoly or near-monopoly position would not be subject to competitive disadvantage and for that reason should be subject to FOI. On that basis, I consulted with relevant colleagues about the potential of including such commercial state companies within the scope of FOI. Following consideration of the views of my colleagues, I decided that Irish Rail should be brought within FOI now but that the other such commercial state bodies should not be included at this stage. I intend, however, to review this position in the medium-term. As the exemption for the commercial state bodies is provided in a Schedule to the legislation, I will be in a position to amend the position by way of Order if required.

I also considered the question of including the Commissioners of Irish Lights (CIL) within the remit of FOI. CIL operates throughout the whole Island of Ireland and although it is not strictly a North/South body, it operates very much on an all Ireland basis. Consequently, with the agreement of the Minister for Transport, Tourism and Sport, I decided that it would be more appropriate for CIL to be subject to the FOI Code of Practice in operation for North/South bodies which has been approved by the North South Ministerial Council and which has regard to the FOI legislation operating in both the UK and Ireland. I understand that the Department of Transport, Tourism and Sport will be progressing this matter in the near future.

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