Barry Cowen (Laois-Offaly, Fianna Fail)
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458. To ask the Minister for Environment, Community and Local Government if his Department has held any discussion with Irish Water on the use of freedom of information legislation; if issues of commercial sensitivity were raised with it; and if he will make a statement on the matter. [2719/14]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Water Services Act 2013 provides for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigns the necessary powers to allow Irish Water to undertake the metering programme. The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the delivery of water services from the water services authorities to Irish Water. The Act also provides for the establishment of an economic regulator for water services within the Commission for Energy Regulation.

The extension of the provisions of the Freedom of Information Act to include Irish Water is a matter for the Minister for Public Expenditure and Reform. In April 2013, there was correspondence between Bord Gais Éireann and my Department regarding how Freedom of Information legislation might apply to Irish Water. This correspondence arose in the context of the preparation by the Minister for Public Expenditure and Reform of a Memorandum for Government regarding the Freedom of Information Bill 2013. The question of applying Freedom of Information legislation to a commercial semi-state company was raised in this correspondence and my Department communicated this to the Department of Public Expenditure and Reform.