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Dáil Éireann díospóireacht -
Wednesday, 6 May 1998

Vol. 490 No. 5

Written Answers. - Freedom of Information Act.

Trevor Sargent

Ceist:

164 Mr. Sargent asked the Minister for Finance if he will confirm that the Land Commission is excluded from the terms of reference of Freedom of Information Act, 1997; and, if so, his Department's views on the reason for this. [10579/98]

Trevor Sargent

Ceist:

165 Mr. Sargent asked the Minister for Finance if he can confirm that, being specifically excluded from the terms of reference of the Freedom of Information Act, 1997, the Land Commission is not obliged to make available information regarding its activities as required under Section 15 of the Act including a general description of its structure and organisation, functions, powers and duties, the services it provides to the public and the procedures by which the public can avail of those services, a general description of the kinds of records held by it, the arrangements made to enable people to access information and records and to correct personal information if this arises and information that may assist people in exercising their rights under the Act; and if he will make a statement on the matter. [10580/98]

I propose to take Questions Nos. 164 and 165 together.

I wish to confirm that the Land Commission is not subject to the FOI Act since its commencement on 21 April last. The commission is one of the bodies in the wider public service which could be brought within the scope of the Act by regulations made by me as Minister for Finance.

However, the Deputy will be aware that the Irish Land Commission (Dissolution) Act, 1992 (No. 25 of 1992) provided for the dissolution of the commission. The commencement order necessary to bring it into effect has, however, not yet been signed by the Minister for Agriculture and Food as the Act was being challenged before the courts.

A judgment on this challenge was delivered by the Supreme Court on 27 March 1998 and the Minister for Agriculture and Food may now proceed with the abolition of the Land Commission by implementing the Dissolution Act.

The Deputy referred also to the publication required under section 15 of the FOI Act. As the commission is not currently subject to the FOI Act, the publication requirement does not apply to the commission. However, the Department of Agriculture and Food holds records pertaining to the Land Commission. Accordingly, that Department's section 15 reference book includes a summary presentation of the relevant Department division and records held. This reference book is entitled "Guide to the Functions of and Records held by the Department of Agriculture and Food" and is available directly from the Department's FOI unit. It is also available for inspection in public libraries and citizen information centres.
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