Irish Water has 30 days before FOI Act is applied

Irish Water will be subject to the Freedom of Information Act after both the Dáil and Seanad today passed a motion for its inclusion under the legislation.

The new water authority will now have 30 days to make administration provision to be totally compliant with the law. The FOI Act will be retrospectively applied to the date Irish Water was legally established on July 17th 2013.

Irish Water has been included under the legislation amid the ongoing controversy about jobs, salaries and bonuses at the new authority

Minister for Public Reform and Expenditure Brendan Howlin said "recent developments have highlighted the importance of a high degree of openness and transparency in helping to underpin public confidence and trust in Irish Water" given its critical role and its responsibilities for "one of our most valuable natural resources".

But he rejected Fianna Fáil claims of a "climb-down" on the issue. Mr Howlin said he had made clear in November during the committee stage debate on the legislation that he intended Irish Water to be included in the legislation once it was up and running.

Fianna Fail’s Seán Ó Fearghaíl said “we need a complete change of culture with regard to Irish Water” and the needs of customers “must now be put at the heart of what Irish Water is doing”.

He said the instinct up to now “has been to operate the company solely in the interests of management and of the aim of raising money for the Department of the Environment”.

Putting customers’ needs first “will require an openness and transparency which, sadly, has been lacking to date”.

Mr Ó Fearghaíl said the claim by Professor John Fitzgerald of the ESRI “that Irish Water will incur excess costs of up to €150 million per year is indeed alarming”. He warned: “It is essential that the information necessary to verify or refute this claim is made readily available by Irish Water.”

Sinn Féin environment spokesman Brian Stanley said Mr Howlin had, in a parliamentary reply in November, defended the exclusion of commercial State bodies on the grounds that it would lead to an uneven playing field where there was competition with private companies.

“In Uisce Éireann’s (Irish Water) case, however, there is no such competitor, nor should there be. This is a State company and will be the sole provider of water.”

He called for State-forestry body Coillte to be included and said "other legislative protections can be provided to deal with commercial sensitivities".

He was supported by Independent TD Luke ‘Ming’ Flanagan who asked what was so special about Irish Water “that the Government would allow it to be covered by freedom of information”.

He said: “Why not apply the legislation to Coillte? What is so different about Coillte? Even Fianna Fáil has stated that we need a less minimalist approach to freedom of information. The dam has broken if that is the case.”

Independent TD Mick Wallace said Ireland had "probably the most oppressive freedom of information regime in the developed world".

He said the Taoiseach last week told the House that no public body should be secretive and that the people had a right to know, but even with the inclusion of Irish Water “41 public bodies will be totally exempted and 24 will be partially exempted”. He added: “We have it is accepted that there is no democracy without an informed citizenry.”