Dáil Éireann Debate, Wednesday - 16 January 2013
355. Deputy Martin Ferris asked the Minister for Public Expenditure and Reform if he will ensure that Coillte becomes subject to freedom of information requests in line with his commitment to introducing greater transparency. [57985/12]
View answerIn my recent discussion with the Oireachtas Finance, Public Expenditure and Reform Committee on my proposals for the reform and extension of Freedom of Information, I confirmed the principle endorsed by Government in its Decision approving the General Scheme of the FOI reform legislation that commercial state bodies should not be subject to Freedom of Information requirements. In view of the commercial role, mandate and responsibilities of the body referred to in the Deputy’s question it is proposed to continue to apply this principle in this specific instance.
As I discussed with the Committee, the principle reflects a serious concern that an uneven competitive playing field that would be created in circumstances that commercial state bodies were subject to Freedom of Information but their privately-owned market competitors would not. In such circumstances there is a clear potential for FOI requests to be used to access information to disadvantage and erode the competitive position of the commercial State body in the marketplace. This would 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 is important to draw attention to the point which I made to the Committee that notwithstanding that commercial state bodies are not subject to FOI, it continues to be a priority to ensure that effective mechanisms are in place to ensure that there is appropriate public oversight and accountability in relation to the conduct and activities of these bodies. In addition to the corporate governance requirements to which such bodies are subject, records relating to those bodies held by their parent Government Department and or public bodies are subject to the Freedom of Information legislation. Moreover, commercial State bodies are accountable to the Oireachtas through Parliamentary Questions put down for the responsible Minister and through meetings with relevant Oireachtas Committees. Furthermore, as the Deputy will be aware, legislation is at an advanced point of development to strengthen the powers of the Oireachtas to conduct inquiries into matters of significant public interest which could include matters relating to the activities of a commercial state body. The legislation will also strengthen the powers of Oireachtas committees in carrying out their normal functions other than when an inquiry is taking place.
The Deputy may also wish to note that in my meeting with the Oireachtas Finance, Public Expenditure and Reform Committee I made clear that in the context of the pre-legislative scrutiny process being carried out on the FOI reform legislation I was open to any case that may be made relating to any matter encompassed by the proposed legislation. If it is the case that the Deputy wishes to make a submission to me on the rationale for setting aside the principle I have summarised above in the case of the commercial State body referred to in his question, I would of course consider his views in the context of the finalisation of the legislative proposals on FOI.
