Dara Calleary (Mayo, Fianna Fail)
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408. To ask the Minister for Public Expenditure and Reform his plans to include business improvement districts established under the Local Government (Business Improvement Districts) Act 2006 under the Freedom of Information Acts; and if he will make a statement on the matter. [16066/17]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Freedom of Information Act 2014 extended the remit of the legislation to a further 70 public bodies, bringing the overall total to some 600 bodies comprehended by the Act. The Act provides a very broad definition of public bodies at Section 6(1) and further provides that all new public bodies comprehended by this definition will automatically come under freedom of information (FOI) legislation, unless specifically exempted by order. This reversed the system under previous legislation whereby new bodies would have to be brought into the scope of the legislation by order.

The Act also provides the Minister for Public Expenditure and Reform with the power to make an order bringing a body under the Commissioner's remit if it is financed, wholly or partly, or directly or indirectly by means of monies provided by a Minister of the Government. I am sure that the Deputy would share the view that there has been substantial progress and a planned and structured approach of continuing to extend the Commissioner's remit is one that he would share.

With regard to the issue of Business Improvement District (BID) Companies, I am advised that FOI does not apply as the bodies do not meet the criteria set out in Section 6 (1) of the Act. Under the governing legislation, overseen by my colleague, the Minister for Housing, Planning, Community and Local Government, a Business Improvement District company is required to be limited by guarantee and formed and registered under the Companies Act. The board of directors will be made up of businesses or their representatives and nominees of the local authority. At least two thirds of the directors must be ratepayers or ratepayer representatives.

I understand that the BID Companies are established under the Companies Act to implement the BID Scheme in particular areas. The Company implements the BID Scheme which is funded through a levy from business owners in the area. Given the composition and role of BID Companies, I do not currently have any plans to bring them within the scope of Freedom of Information but the matter could be considered under any future wider review of bodies to be brought under FOI.