Vol. 448 No. 4
3 Miss Harney asked the Taoiseach if the Law Reform Commission has been asked to investigate the issue of Cabinet confidentiality by the Government; the terms of reference for this review by the Law Reform Commission; and if he will make a statement on the matter. [1883/95]
4 Mr. Molloy asked the Taoiseach when legislation will be introduced for a referendum on the relaxation of absolute Cabinet confidentiality in all circumstances; and if he will make a statement on the matter. [1909/95]
I propose to take Questions Nos. 3 and 4 together.
The Government is preparing proposals for the relaxation of the Cabinet confidentiality rule in circumstances in which the public interest would warrant this. These proposals will be referred to the Law Reform Commission for its views, in advance of being finalised and put to the people in a referendum.
Given that the composition of the Supreme Court has changed, and the stated views at the Tribunal of Inquiry into the Beef Processing Industry by the now Chief Justice, will the Taoiseach say whether the Government would consider introducing legislation which could be referred to the Supreme Court, when we might not then need a referendum, or to add to the Constitution something that could become unnecessary?
That would be a speculative exercise. The natural assumption has to be that one Supreme Court will reaffirm the decisions of its predecessor regardless of minor or major changes in its composition. The only way of achieving absolute clarity on this is by changing the Constitution.
Is it the Taoiseach's intention, therefore, to put this matter before the people in conjunction with a possible referendum on the divorce issue later this year?
That depends on the schedule of work in regard to both matters. I cannot say with certainty that that will be the case. Obviously, there are advantages in deciding a number of questions on the same day rather than holding a series of referenda on different days.
Given the pressure of work on the Law Reform Commission, is the Taoiseach confident that he can put this to the public, this year or next? The great work the commission do is important but over the years, they have been inclined to spend a lot of time on issues — which I fully understand— and particularly in view of the item contained in A Government of Renewal where it is said that the commission really have to define the public interest, that the Government is waiting for the commission to inform the Government, where matters of public interest dictate, that the absolute rule on Cabinet confidentiality will be relaxed. Given the complexity of establishing the public interest on the part of the Law Reform Commission can the Taoiseach tell the House that it will be put before the public within the lifetime of this Dáil?
Deputy Séamus Brennan made a number of valid points. That is the reason I decided, rather than simply refer the question to the Law Reform Commission, I would ask the Government to prepare its own ideas first, so that we would be referring specific ideas to the Law Reform Commission for reaction rather than requesting them to originate proposals. I am anxious that this matter be dealt with with reasonable speed, which is the reason we took the course we did, which is a slight alternation, if you like, of what was contained in the original programme for Government, precisely because I accept the validity of the points just made by Deputy Séamus Brennan.
