asked the Minister for the Public Service if any general instruction has been issued for the civil service in regard to the classification of documents and correspondence in so far as their confidentiality is concerned; and, if so, if he will give an outline of its provisions and of the manner in which it is enforced.
Ceisteanna—Questions. Oral Answers. - Classification of Documents.
29.
Mr. Kenny
No general instructions of the kind referred to have been issued.
Is there no system at all obtaining under which documents are classified as secret or confidential?
Mr. Kenny
It is a long answer. Under the 1963 Act the formal classification and the operative word is "classification"—of any material as secret or confidential, if that is required, is a Ministerial responsibility. Therefore, if a Minister says that a matter is confidential or secret that is his responsibility. When civil servants enter the Public Service they are asked to sign a form saying they will respect the confidentiality or secrecy of any documents or statements they may read or hear. It is a matter for every Department within the Civil Service to act accordingly.
Would the Parliamentary Secretary not agree it is somewhat subjective that that is left to the "say so" of the Minister? Would he not think there should be some criterion under which the Minister would be able to adjudge?
Mr. Kenny
It is a matter for the Minister's discretion, probably, or for his judgment, as to any matter that he might so consider. After all, he is the head of the Department. If he thinks that a matter is confidential or secret it should be adjudged so and it is then up to the civil servant to keep his word regarding such statements.
Might I ask the Parliamentary Secretary who decides that documents submitted to the Government will be secret or confidential?
Mr. Kenny
I suppose that, at a Cabinet meeting, it would be a collective decision but, within the Department itself, it would be a Ministerial decision.
Assuming a decision is taken that documents submitted to the Government is the collective responsibility of the Government to declare secret or confidential, does this mean that a Minister must seek permission of the Government before he discloses the contents of such documents to the public?
Mr. Kenny
I could not answer that one because I am a member neither of the Government nor of the Cabinet.
Could the Parliamentary Secretary arrange to obtain the information for me?
Mr. Kenny
I understand that even without the permission of the Cabinet or of any Minister, leakages have occurred.
There are principles which apply in this respect and which this Government have broken many times.
Mr. Kenny
That custom has not been unknown in former Governments either.