Vol. 423 No. 4
9 Proinsias De Rossa asked the Taoiseach if any study on the implications of the recent Supreme Court decision regarding Cabinet confidentiality on the release of Cabinet documents under the National Archives Act has been carried out; if he will outline the findings of any such study; and if he will make a statement on the matter.
This matter has been under study in my Department and the Attorney General's advice has been obtained. That advice indicates that the Supreme Court judgment, which prohibits the revealing of discussions occurring during the course of a meeting of the Government, applies to all documents of the type at issue irrespective of age. Since, however, it is rarely, if ever, that official files or the minutes of Government indicate the content of discussions at Government meetings, it is not expected that the judgment will place a restriction on the transfer to the National Archives or the opening to the public of such documents. The only effect will be that this criterion of the confidentiality of Government discussions will have to be taken into account by Departments in their assessment of files for transfer to the National Archives.
The Taoiseach indicated that the matter is being considered by the Attorney General's office. Could he indicate how soon that office expect to be able to convey their view in relation to this matter and if any other aspects of the decision are also under review such as the question of briefing the Dáil in relation to decisions of Government?
As the Deputy will appreciate the question of discussions or details of discussions are not normally included in the minutes of Government. Consequently the problem that he fears will arise in relation to archives will not arise. What we are saying in effect is that Departments, in preparing to send documents to the National Archives, have to take into consideration that aspect and ensure that the documents they are releasing do not contain details of discussions that took place at Cabinet.
