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Brexit Documents

Dáil Éireann Debate, Wednesday - 13 December 2017

Wednesday, 13 December 2017

Questions (25)

Darragh O'Brien

Question:

25. Deputy Darragh O'Brien asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the way in which a confidential internal report by his Department on Brexit was leaked to and reported in the media on 23 November 2017; the specific actions he has taken to prevent further leaks of confidential and sensitive data regarding Brexit; and if he will make a statement on the matter. [53239/17]

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Oral answers (25 contributions)

Is the Minister aware of how a confidential internal Department of Foreign Affairs and Trade report on Brexit was leaked to and reported in the media, both in Ireland and abroad, on 23 November 2017? What specific actions has he taken, if any, to prevent further leaks of confidential and sensitive data? Will he confirm whether he has given this matter the absolute priority it deserves?

I thank the Deputy for raising this issue. I am aware of the matter to which he refers. A core part of the work of our embassies in the EU is to report on views on Brexit in other member states. These reports are an important source of information, not just for the Department of Foreign Affairs and Trade but also for other Departments concerned with Brexit.

For the past year, it has been the practice for a weekly summary of such reports to be prepared and circulated both within the Department and to other Departments. These summaries, like the reports on which they are based, are not intended for the public domain. They do not include material relating to policy papers prepared within the Department or to meetings of a sensitive character held in Dublin, Brussels or London.

It is very disappointing and regrettable that a recipient of the summary would have leaked it to a journalist. This was the first summary out of approximately 40 to which this happened. The Secretary General of the Department is currently investigating the leak and has been in contact with all recipients of the document, either directly, in the case of recipients in my own Department, or indirectly, through the Secretaries General of other receiving Departments. Until I receive a copy of his report, I will maintain an open mind on how this occurred and how it might best be prevented in the future. In the meantime, given the sensitivity of the issues under consideration, no such summaries have been circulated since 23 November.

It is important to say that these weekly working documents are summaries. This is not a significant report that was leaked but it should not have happened. We are annoyed about it. The Secretary General of my Department is trying to get to the bottom of the matter. Until we are comfortable with putting in place the distribution system we had before, knowing it will not result in another leak, we are not going to do it.

While it may not be a very significant report in the Minister's opinion, I assure him that it is very significant and absolutely mortifying and embarrassing to those who are mentioned in it. I am glad to hear that we have amended procedures in so far as those reports are not being circulated until we get to the bottom of the matter.

I commend the officials and the staff within the Department on the efforts made in respect of the phase 1 negotiations. That is very important. It was a good result and we, as a party, have cautiously welcomed it. However, the real work starts in phase 2. We have to be sure that the reporting of the negotiations we have with our European partners is absolutely watertight. This is a breach that is nearly of strategic national importance, regardless of whether the Minister believes it is significant.

On a question raised by my party leader on 29 November, can the Minister indicate the status of the investigation and where it stands? Are we any closer to finding out who leaked this document or who gave permission for it to be leaked? What specific actions have been taken? Can the Minister give a commitment to the House that this will not occur again?

For the record, I did not say this is not significant. It should not have happened-----

The Minister said it is not a significant report.

The information in this report was meant to inform our Department and other Departments that are involved, as had been happening on a weekly basis. There were 40 such reports compiled weekly. We need to be informed in terms of what is being said about Brexit and in the context of ensuring that our approach is fully appropriate and up to date. This weekly summary should not have been leaked. It was embarrassing for some of the people who were named in it. Obviously, we made the necessary contacts to explain to people what had happened and to assure them that it will not happen again. As I said, until the Secretary General is satisfied in terms of his own investigations, we will not be circulating these weekly summaries. That investigation is ongoing.

We are all aware that our diplomats and those who engage on our behalf and on behalf of the State need to have confidence in the Irish Government. Our partners need to have confidence that they can speak to us openly. While this question mark hangs over the process, the position is very serious. I do not get the sense the Department or the Minister are taking this as seriously as it should be taken. Our partners have to trust that what they say to us is confidential.

The fundamental question is when we will get to the bottom of this. There is an "if" in there as well. When does the Minister expect to get a report from the Secretary General of the Department on this matter? Will he give a commitment that, when he gets that report, it will be debated, either at a meeting of the Committee on Foreign Affairs and Trade, and Defence or here in the Dáil? We have to ensure that this never occurs again. If we were in the middle of phase 2 negotiations, which are very specific on trade and future relations between Britain and the EU, can the Minister imagine what effect a document like this - even though he says it is not significant - might have? This is being reported all over Europe, all over Britain and all over Ireland, with people named, their comments mentioned, etc. This matter needs to be given the priority and afforded the importance it deserves. I would like the Minister to confirm that it has been. When will a report be completed by the Secretary General?

The Deputy keeps saying I have said it is not significant.

The Minister did so. He should check the record. He said it is not a significant report.

I said that this is a weekly briefing. The content of it, of course, is significant.

That is changing what the Minister said at the start.

It is not a briefing on a significant report.

I am glad the Minister is affording it significance.

The Minister is clarifying the matter. The Deputy should allow him to continue.

The Deputy should not try to change the meaning of what I am saying.

The Minister should go back and check the record.

I have made it very clear to the Deputy's party leader and I am making it clear again to the Deputy now that this should not have happened. On foot of the importance of Brexit, we have a circulation list that goes beyond what would normally be the case in respect of briefings that would usually be confined to the Department of Foreign Affairs and Trade.

Our Secretary General is anxious to ensure that what happened cannot happen again. That is why he is taking it very seriously, as I am. Sometimes, as leaks happen and the Deputy knows only too well, it is very difficult to get to the bottom of who was responsible.

One usually has a fair idea of it.

Let us not pretend this is an easy process. I assure the Deputies we will take actions to ensure we do not have a repeat of this, or at least we will do everything we can within our power to ensure it does not happen again.

Is there a timeframe?

I do not have an exact timeframe.

When? The Tánaiste has been asked three times when the House can expect a report.

I cannot allow another question. There may be other ways to raise the matter.

It needs to be pursued. We asked for an idea on a timeframe to expect a report. The Tánaiste does not have that either.

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