Draft bill circulated for comments: Amendment to specify Business Finland Oy’s public administrative duties
A legislative amendment would define Business Finland Oy’s public administrative duties, to which liability for acts in office, liability for damages and general administrative acts would apply. The draft bill prepared by the Ministry of Economic Affairs and Employment will be circulated for comments until 30 October 2020.
The Business Finland entity consists of Funding Agency for Innovation Business Finland (public authority) and Business Finland Oy (limited liability company), which provides services related to the tasks of the funding agency. According to the amendment, Business Finland Oy’s public administrative duties are:
- Collection, evaluation and analysis of data on markets, clients and their projects and drafting of reports related to such data when the duties are connected to the preparation of funding decisions by Funding Agency for Innovation Business Finland and Business Finland Oy
- Identification of customer service needs and provision of advice on services when the duties are connected to the preparation of funding decisions by Funding Agency for Innovation Business Finland and Business Finland Oy
- Representation of Finland in international organisations and comparable international undertakings
Amendment based on the Deputy Parliamentary Ombudsman’s decision
The legislative amendment is based on a decision by the Deputy Parliamentary Ombudsman in spring 2019 concerning the transfer of public administrative duties from Funding Agency for Innovation Business Finland to Business Finland Oy. According to the decision, a transfer of public administrative duties from a public authority to a company is in some respects problematic in terms of the Constitution, according to which a public administrative duty can be entrusted to an entity other than a public authority only in special cases and under the law.
In its audit report of 2019, the National Audit Office also recommended to the Ministry of Economic Affairs and Employment that the division of tasks between the funding agency and the company be reviewed as a whole.
Business Finland is a government organisation under the Ministry of Economic Affairs and Employment that offers companies innovation funding and internationalisation services, and promotes travel and investment in Finland. It has operated since 2018, following the merger of Innovation Funding Agency Tekes and Finpro Oy.
Inquiries:
Liisa Lundelin-Nuortio, Ministerial Adviser, Ministry of Economic Affairs and Employment, tel. +358 295 504 8261
Jenni Tapio, Chief Specialist, Ministry of Economic Affairs and Employment, tel. +358 295 047 089