Dáil Éireann Debate, Wednesday - 12 April 2017
245. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform the State agencies and semi-State bodies that are subject to the Freedom of Information Acts; his plans to extend the remit of this legislation to other such agencies and bodies; and if he will make a statement on the matter. [18557/17]
View answerThe Freedom of Information Act 2014 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 2014 Act 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 types of bodies that are subject to FOI under the Act, in whole or in part, are as follows:
- Governments Departments and agencies under their remit
- An Garda Síochána
- Local Authorities
- Education and Training Boards
- Health Service Executive
- Voluntary Hospitals
- Universities and other higher education institutions
- Regulators, such as the Commission for Energy Regulation, the Commission for Communications Regulation
- National Treasury Management Authority and its subsidiary bodies
- Central Bank of Ireland
- Refugee and asylum seekers bodies, such as the Office of the Refugee Applications Commissioner and the Refugee Appeals Board;
- Commercial State Companies operating in a monopoly market, such as Irish Water, Irish Rail and the energy network functions of ESB, EirGrid and Ervia.
Schedule 1 Part 2 of the Act sets out the semi state bodies which are exempt from the Act.
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.
I do not currently have any plans to bring further bodies within the scope of Freedom of Information.
