Dermot Ahern
Ceist:1 Mr. D. Ahern asked the Taoiseach if he has satisfied himself with the aspect of Cabinet confidentiality within the Government; and if he will make a statement on the matter. [3513/96]
Ceisteanna—Questions. Oral Answers. - Cabinet Confidentiality.
I am satisfied that the confidentiality of discussions at Cabinet meetings is respected.
During the last exchange on this issue the Taoiseach confirmed that the Government had decided to go against what it stated in the programme, A Government of Renewal, that it would refer the matter to the Law Reform Commission for consideration. His attitude is not surprising in view of the comments he made recently about the Law Reform Commission, for which he was heavily criticised.
Ceisteanna, a Theachta.
What was the outcome of the investigations into the well publicised leaks during the period of office of his Government?
The decisions of the Supreme Court create a doctrine of absolute confidentiality in regard to words spoken at Cabinet meetings. I am satisfied that there have been no disclosures of proceedings at Cabinet meetings, but, as acknowledged on many occasions, there have been unauthorised disclosures of documents, some of which may have been considered at Cabinet. This is contrary to the Official Secrets Act and I introduced a procedure whereby departmental secretaries have an obligation to initiate an inquiry whenever an unauthorised disclosure of information originating in their Department occurs.
Do departmental secretaries have any power over members of policy units, programme managers, etc.?
They do.
In a recent report in one of the daily newspapers about the Freedom of Information Bill, the purpose of which is to strengthen the provisions dealing with Cabinet confidentiality, the words "the memorandum to Government states as follows..." were used as if the journalist in question had seen it. Did the Taoiseach have that matter investigated?
I am not aware of the article in question, but what is proscribed in the Official Secrets Act is unauthorised disclosures of information. Where the Government chooses to disclose information it is considering, the situation is entirely different. I cannot comment on the case to which the Deputy referred because I am not au fait with it, but if he provides me with the relevant journal reference, I will have the matter investigated.
In response to a question tabled by me last week the Minister for Social Welfare indicated that a number of members of his policy research unit examine documents to be presented to Cabinet at his request from time to time and are obliged to sign the Official Secrets Act. Is there any procedure whereby programme managers and the many people who see documents prior to being presented to Cabinet or while being considered by Cabinet, other than Ministers, are vetted? In years gone by they were seen only by departmental secretaries, officials and Ministers.
Every person appointed to the public service who comes into possession of any confidential information, whether it is a temporary civil servant appointed for the duration of a Government or a permanent civil servant who continues in office indefinitely, is bound by the provisions of the Official Secrets Act. The responsibility for initiating any investigation into an unauthorised disclosure does not rest with the Minister or any temporary official, but with the permanent secretary of the Department who, at his or her discretion, has a responsibility to inaugurate an inquiry whenever an unauthorised disclosure of information occurs. The decision to place such responsibility on the secretary, who is independent of political direction in this matter, was taken by this Government and is the appropriate procedure to follow.
Does a departmental secretary vet some of the non-established policy people recruited on a contractual basis? Is there a procedure for vetting such outside individuals?
I am not aware of any procedure in place for the type of vetting the Deputy has in mind which occurs in other jurisdictions. Perhaps he is thinking of some spy novels he read.
No, he does not have that in mind.
I am merely being cautious.
People appointed to public office are appointed on the basis of their character, judgment and expertise and, if appointed temporarily, they are appointed by Ministers who are accountable to this House for such appointments. Those appointees are also subject to the provisions of the Official Secrets Act and investigation of any unauthorised conduct on their behalf, or on behalf of a permanent official, is the responsibility of the departmental secretary, a permanent non-political civil servant who can make decisions in that regard on his or her initiative.
He or she does not have much influence.
The Taoiseach told us that responsibility for leaks from the Cabinet rests with departmental secretaries. Does he accept that this places secretaries in an impossible position?
I did not say that.
I understood him to say that departmental secretaries now have responsibility for investigating information leaks from Government papers and memoranda.
I did not say that.
Does he accept that if a Minister were responsible for an unauthorised leak, a secretary would be placed in an impossible position? Furthermore, does he accept ultimate responsibility for any information leaked from the Cabinet?
Or by Ministers' advisers.
I am sorry Deputy Harney did not hear exactly what I said.
The Taoiseach should speak up, it is difficult to hear him.
In the case of leaks from a document or of confidential departmental information, whether Cabinet documentation or confidential for other purposes, responsibility rests with the secretary to initiate an investigation into the matter. The confidentiality of Cabinet discussions, an area to which a constitutional doctrine of confidentiality as distinct from a mere statutory doctrine based on the Official Secrets Act applies, is a matter for which I, as Taoiseach, have primary responsibility. I indicated in my reply to Deputy Ahern that I am satisfied that the confidentiality of discussions at Cabinet meetings is, and has been, respected.