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Dáil Éireann debate -
Wednesday, 26 May 1999

Vol. 505 No. 4

Written Answers. - Employment Contracts.

Ruairí Quinn

Question:

104 Mr. Quinn asked the Minister for Finance if the contracts of employment given to temporary staff appointed to the Department of the Taoiseach contain any restrictions, in the event of them leaving to take up appointments in the commercial sector, on the use of official information they may acquire in the course of their duties; if not, if he will consider the imposition of these restrictions; and if he will make a statement on the matter. [12971/99]

The employment contracts of temporary staff in the Department of the Taoiseach do contain restrictions on the use by such staff, subsequent to the termination of their official appointments, of official information acquired in the course of those appointments. In general, these restrictions are set out in the contracts in two ways.

First, all temporary staff are expressly reminded in their contracts that the terms of the Official Secrets Act, 1963 apply to them. This Act requires that all official information must be treated as confidential, unless it is specifically exempted under the Freedom of Information Act, 1997. This legal requirement to uphold the confidentiality of such information applies both during and after the period of employment.

Second, the contracts of temporary staff contain more specific provisions which preclude the employees, both during and subsequent to their official appointment, from communicating to third parties official information acquired in the course of their duties. In some cases this commitment specifically includes a prohibition on the disclosure of confidential information with commercial potential. In addition, some contracts, and in particular those signed by temporary private office appointees, contain certain restrictions on the publication of books and articles.

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