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Freedom of Information Legislation

Dáil Éireann Debate, Wednesday - 18 April 2018

Wednesday, 18 April 2018

Ceisteanna (81)

Pearse Doherty

Ceist:

81. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform his plans to include the Dublin Airport Authority, Bus Éireann and Dublin Bus under the freedom of information legislation in view of the fact Irish Rail is included under the legislation. [16869/18]

Amharc ar fhreagra

Freagraí scríofa

The 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, bringing the overall total to some 600 bodies comprehended by the Act.

Government policy has been that commercial state bodies should not, in general, be subject to Freedom of Information requirements, in view of their commercial role, mandate and responsibilities. There is a serious concern that an uneven competitive playing field would be created in circumstances that commercial state bodies operating in a competitive market were subject to Freedom of Information but their privately-owned market competitors were not. This could lead to a situation where FOI requests could be used to access information to disadvantage and erode the competitive position of the commercial State Body in the marketplace. Such a move would be expected to 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.

However, during the progression of the FOI Bill 2014 through the Oireachtas the Government decided that certain State Companies which operate in a monopoly market should be no longer exempt from Freedom of information. The relevant State Companies which were subsequently comprehended by the Freedom of Information Act 2014 were:

- Irish Rail,

- ESB Networks,

- Gas Networks Ireland,

- EirGrid.

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