Seán Fleming (Laois-Offaly, Fianna Fail)
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235. To ask the Minister for Public Expenditure and Reform when the Freedom of Information Acts will apply to EirGrid; and if he will make a statement on the matter. [9000/15]

Brendan Howlin (Wexford, Labour)
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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 network functions of 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 in a monopoly market. 

Subsequently, EirGrid 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 case 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 EirGrid to allow them sufficient time to make the necessary administrative arrangements required.  

My decision as set out above will require a Ministerial Order before it comes into effect.  I intend, therefore, to make the Order shortly to provide that FOI will apply to EirGrid with effect from 14 October 2015.