Jim Higgins
Question:4 Mr. Higgins (Mayo) asked the Taoiseach if the Government has completed its review of the procedures for the protection of classified information; and if he will make a statement on the matter. [10412/98]
Ceisteanna—Questions. - Classified Information.
On foot of unauthorised releases of information on Northern Ireland matters, the Government decided last November to establish the Interdepartmental Committee on the Protection of Classified Official Information. The committee was mandated to recommend measures on the protection of classified information. It was chaired by the Secretary General to the Government and included representatives from the Departments of Finance, Foreign Affairs, Justice, Equality and Law Reform and the Attorney General's office.
The committee has reported and the Government has approved the implementation of the following key measures. The current practice in the retention of documents by former Ministers and Ministers of State should continue. The Government has decided that arrangements should be put in place for the storage within Departments of documents returned voluntarily by former Ministers and Ministers of State and that priority should be given to a comprehensive review and a thorough revision of the Official Secrets Act 1963. The report of January 1997 on the review of the Officials Secrets Act by the Select Committee on Legislation and Security is recognised as a good starting point for such a review. One classification of "top secret" should be applied for interdepartmental purposes to particularly sensitive documents which because of their nature or content should receive only very limited, if any, circulation. An information technology security group chaired by the CMOD division of the Department of Finance should be set up. An interdepartmental committee to develop detailed work practices and procedures for the protection of classified information, chaired by the Department of the Taoiseach, should also be established. The implementation of the overall programme of action set out in the report should be supervised by the interdepartmental committee which will make a progress report to Government later this year.
In drawing up its report, the interdepartmental committee was mindful of the provisions of the Freedom of Information Act which, as Deputies will be aware, is being implemented fully by this Government. At the same time the Act recognises that there will always be exempt material of a security, public interest or diplomatic nature which will now be defined in a more focused way.
The Government is determined that sensitive information will receive the highest possible level of protection. It is especially concerned about any unauthorised release of information which could place lives or the national interest in danger. I have arranged to have the interdepartmental committee's report placed in the Library of the House.
(Mayo): In light of the Taoiseach's admission that the initiative came from him in the wake of a breach of the Official Secrets Act, whereby sensitive information was leaked to a Sunday newspaper prior to the Presidential election leading to the high profile arrest of a special adviser, the person's subsequent release and to a decision by the Attorney General and the DPP in the past ten days that there is no evidence against the person, is the Garda investigation ongoing? Is he confident that the guilty person will be brought to trial?
There is no ongoing investigation into the matter. The Garda believed they had a case but the DPP did not uphold it. As the DPP is independent, the case fell.
(Mayo): Does the Taoiseach not realise this was a matter of major concern last October which he said had the potential to shake the very foundations of the State? The matter remains unresolved. It is clear that somebody leaked the documentation in question. Has the Taoiseach sought a report from the Minister for Justice, Equality and Law Reform and the Garda Commissioner on the matter?
The Deputy is now asking a question which does not relate to the content of his original one.
(Mayo): When did the Taoiseach receive the report in question and did it make any reference to the issues I have just raised by way of supplementary questions?
I have no role in regard to decisions made by the DPP and it would be inappropriate for me to comment on such decisions. I understand the Garda made a comprehensive report to the DPP following their investigations, a report which they obviously felt would stand up. However, the DPP decided not to proceed with the matter and it subsequently fell.
(Mayo): Does the Taoiseach not realise that a serious issue remains outstanding?
I would prefer the Deputy did not pursue this line of questioning. His question refers specifically to the procedures which are in place for the protection of classified information. I would ask him not to raise matters not contained in his question.
(Mayo): In view of the fact that the very initiative which we are discussing constituted the genesis of the report presented to the Government in regard to the leaking of official information, it seems strange that it cannot be discussed.
There are other means by which the Deputy can raise the matter in the House. However, he may not do so under this question. I am obliged to adhere to Standing Orders and there have already been two unrelated supplementary questions to the original question.
(Mayo): I will not challenge the Chair's ruling but it is certainly my intention to return to this matter.
The Taoiseach stated he has the report in his possession. When did he receive it and have any of its recommendations been backdated? Does the Taoiseach intend writing to former members of Cabinet asking them to return documents for safekeeping?
The Deputy will be aware that I wrote to all former Ministers and Ministers of State asking them to ensure that any information they retained on leaving office was kept in a secure place. I thank the Ministers, Ministers of State and parliamentary secretaries who replied. Some people asked about the possibility of such documentation being kept in a library in Government buildings in order that it would remain accessible.
When was the report delivered to the Taoiseach?
I am not sure of the specific date; it was not long ago. I read the report for the first time ten days ago.
Was that when the Taoiseach became aware the question had been tabled?
No. The release of a prisoner led to a debate on the matter and I examined the report at that stage.
Perhaps the Taoiseach could inform me of the exact date on which the report was received.
I will obtain that information for the Deputy.