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Dáil Éireann debate -
Tuesday, 25 May 1993

Vol. 431 No. 3

Ceisteanna—Questions. Oral Answers. - Confidential Documents Disclosure.

Michael McDowell

Question:

3 Mr. M. McDowell asked the Taoiseach if, in relation to certain documents (details supplied) from the Department of Industry and Commerce, the Department of Enterprise and Employment or the Department of Tourism and Trade, his attention has been drawn to the delivery or disclosure of the documents, or copies thereof, to the Sunday Tribune; whether he or the Attorney General has made any inquiry into the circumstances of their disclosure; and if he will make a statement on the matter.

Michael McDowell

Question:

4 Mr. M. McDowell asked the Taoiseach if his attention has been drawn to the fact that a solicitor in the Chief State Solicitor's Office was named in a newspaper report of 13 May 1993 (details supplied) as conducting an inquiry into the disclosure of certain documents to a newspaper; when his attention was drawn to this fact; and if he will make a statement on the outcome of the inquiry.

Michael McDowell

Question:

5 Mr. M. McDowell asked the Taoiseach whether any inquiry has been commenced into the disclosure of documents (details supplied).

Michael McDowell

Question:

6 Mr. M. McDowell asked the Taoiseach the steps, if any, he and the Attorney General have taken to investigate the possession by the Sunday Tribune of documents (details supplied) and the means by which the documents were disclosed to the Sunday Tribune.

I propose to answer Questions Nos. 3, 4, 5, and 6 together.

I am informed by the Attorney General that immediately upon his being made aware on 7 May last, by the solicitor to the Beef Tribunal on behalf of the Chairman of the tribunal, that copies of certain papers, which had been made available to the tribunal by the then Department of Industry and Commerce, had come into the possession of persons not parties to the inquiry, he inquired into the matter. The correspondence on the matter was initated on behalf of the Chairman on a private and confidential basis and was responded to by the Attorney General on the same basis.

In the course of the Attorney General's inquiry, he directed the solicitor instructing the State's legal team, who is a member of his staff, to make certain inquiries on his behalf.

The Attorney General informs me that it has not proved possible to ascertain the circumstances in which the papers came into the possession of the newspaper referred to. I regret that this is so because I deplore the disclosure of official documents through any channels other than authorised ones.

In case there is any misunderstanding about the nature of these documents, I wish to make it clear to the House and to the public that, on the advice of the State's legal team, they had been cleared by the then Minister for Industry and Commerce to the tribunal for release by it to all the parties to the inquiry should the tribunal see fit.

The unauthorised publication, although very regrettable, did not prejudice any interest of the State. Were the State to seek to prevent publication of the documents it would have had to show that its interest would be prejudiced by such publication. This it could not do.

Would the Taoiseach agree that, on the face of it, these documents come within the rubric of the Official Secrets Act, that their disclosure by any newspaper would itself be an offence and contrary to our laws; likewise that the Attorney General, as soon as he was appraised of the position, had a duty to act to prevent their further circulation? Would he also indicate at what time the Attorney General notified him that these documents had got into the public domain and why, on the Friday of the week prior to their publication, the Taoiseach said that he had no evidence that they had been leaked, if the Attorney General had been appraised of that position some considerable number of days earlier?

The Deputy must not have listened very attentively to my response when I said that this matter was initiated by the solicitor on behalf of the Chairman of the Tribunal of Inquiry into the Beef Processing Industry, who initiated the correspondence with the Attorney General on a private and confidential basis. Consequently, the matter was treated as such by the Attorney General. He initiated his inquiries and responded to the solicitor on behalf of the Tribunal of Inquiry into the Beef Processing Industry in that particular vein.

The answer to the two first supplementary questions posed by Deputy Michael McDowell in relation to the Official Secrets Act is that of course it is contrary to the provisions of the Official Secrets Act. The answer to this last question is that the Attorney General did not inform me but was quite entitled to take the view that the appropriate action for him was to deal with this matter on a private and confidential basis with the tribunal. It was only on Sunday evening, 16 May, when the matter had become public that the Attorney General informed me of the inquiry that was taking place.

Would the Taoiseach indicate what kind of inquiry the Attorney General could have embarked on if he did not go to all the people at both political and legal level who had access to these documents to inquire of them whether they knew anything about the leak? What kind of inquiry could it be if the Taoiseach himself was not asked whether he or anybody under his control had authorised their disclosure to the Sunday Tribune?

I take grave exception to any suggestion by Deputy Michael McDowell that I had any hand, act or part in the release of these documents——

I did not suggest that. I asked the Taoiseach why he was not asked about it.

The Deputy did suggest that. Would the Deputy please listen to my answer? I have not seen these documents; I have not read these documents. The Attorney General carried out his investigation by using the offices of the Chief State Solicitor in relation to part of his inquiries and dealt in the appropriate manner in relation to the others. No matter what view the Deputy wants to take, it is a matter for the Attorney General to carry out his investigations. If the Deputy is concerned about whether I had any access to, or read these documents, I can say I certainly did not.

A fair question deserves a fair answer.

Perhaps we can bring this matter to finality.

Will the Taoiseach indicate what kind of inquiry could have been conducted by the Attorney General if he did not go to the people who might have authorised the disclosure of these documents to the Sunday Tribune to ascertain whether they had, in fact authorised them? Does it not show that the Attorney General believed there was no point in communicating with the Taoiseach because he knew that nothing would be done about it?

It is absolute rubbish to suggest such a thing about the Office of the Attorney General. These documents could have been released from many areas——

——from the Tribunal itself——

That is an outrageous suggestion.

They could have been released from the legal teams connected with it or from the Department of Industry and Commerce. The documents were never in my Department and, as a consequence, the Deputy's suggestions will not cover up his or others' failure to acknowledge official information.

A final question, Sir.

Deputy McDowell, allow the Chair to intervene and I will call you. I hope the Deputy will confine his remarks to the subject matter of the questions I allowed and nothing else. All other matters are for another place and the Deputy knows that.

On this occasion I invite the Taoiseach to withdraw the suggestion that these documents could have emanated from the Tribunal itself. That is an outrageous suggestion——

The Deputy asked the question.

The Taoiseach will withdraw it if he is a gentleman.

Deputy McDowell asked why the Attorney General——

What about the Taoiseach's own legal team?

I included my own legal team. Deputy McDowell wants to change his question half way through and he is trying to do that when the responses are being made. Let him face the facts. Where were these documents and to whom were they available.

Let the Taoiseach tell me.

From where could they possibly have emanated? I have already said from where they could have emanated but the Deputy was not listening. I am not casting a reflection on the Tribunal, the State's legal team or the Department of Industry and Commerce, the three primary areas. The documents were never in my Department and were never seen by me. I hope that satisfies the Deputy's curiosity.

It does not.

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