Seán Kenny (Dublin North East, Labour)
Link to this: Individually | In context | Oireachtas source

291. To ask the Minister for Public Expenditure and Reform if any semi-State companies have made a business case to his Department seeking an extension of time before that company will be subject to freedom of information legislation; if so, the names of these companies; and if he will make a statement on the matter. [4555/15]

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context | Oireachtas source

Section 1(3)(b) of the FOI Act 2014 provides that in respect of a body that was not subject to FOI under the 1997 Act but is subject to FOI under the new Act, the Act will come into operation 6 months following enactment or on such later date, not later than 12 months from enactment, as the Minister may by order appoint .  The FOI Bill was enacted on 14 October 2014. 

The decision to apply FOI in respect of the functions of ESB Networks, Gas Networks Ireland and EirGrid was made during the progress of the Bill through the Oireachtas.  I concluded, having consulted with my Government colleagues, that the rationale for excluding commercial state bodies generally from FOI, on account of the potential adverse impact on their commercial position in a competitive market, did not apply  to the network utilities to the same extent as they operate on a monopoly. 

Subsequently, these companies sought an extension in relation to this lead-in period on the basis that they had received significantly less advance notice that they were to be made subject to FOI than other bodies who were being made subject to FOI for the first time under the new Act.  Having considered the business cases submitted carefully, I have agreed that the maximum lead-in time provided for under the Act for the application of FOI could be allowed in respect of these companies in order to allow them sufficient time to make the necessary administrative arrangements required.  

I also decided that Irish Rail should have the same lead-in period as the energy network companies.  I made that decision on the same basis as the decision in respect of the energy network companies and also to bring about a level of consistency in terms of the application of FOI to network utilities.

My decisions as set out above will require a Ministerial Order before they come into effect.  I intend, therefore, to make the Order shortly to provide that FOI will apply to Irish Rail, EirGrid, ESB Networks and Gas Networks Ireland with effect from 14 October 2015.