Received 13 December 2021
Decided
Request Reference FOI2021197
Requester Type Journalist
Department of Climate, Energy and the Environment

1. A full, unredacted copy of the signed National Broadband Plan contract with National Broadband Ireland (NBI) as announced by the Department on November 19, 2019, including the identity and signature of the signatories, any additional copies made for signature by separate entities connected with NBI, any schedules, annexes, addenda or cover letters attached to the contract, and any amendments recorded since that date. I'm aware that a partial copy is available from the Department's website with redactions for commercially sensitive information. I'm seeking a full unredacted copy because, in accordance with the Freedom of Information act, public interest overrides the commercially sensitive nature of any information in the contract for the following reasons: - Then Minister Richard Bruton, who signed the contract, told the Joint Committee on Communications, Climate Action and Environment on May 14, 2019: "The contract will be published in full when it is finalised." This promise to the Oireachtas in itself constitutes a matter of overriding public interest. - Accounts filed by National Broadband Ireland companies show they have been insufficiently capitalised to date and the release of the full contract including detailed financial requirements is necessary to allow scrutiny of the project and protect up to €2.97 billion in associated state subsidies. - National Broadband Ireland ceased operating in a competitive market when it became the sole bidder for the National Broadband Plan and this position was confirmed by the signature of the contract. As it has no competitors, the commercial sensitiveness of any information pertaining to it is irrelevant. 2. All documents exchanged between the National Development Finance Agency (NDFA) and the Department as part of the pre-qualification process of the bidder now known as National