Derek McDowell (Labour)

I second the amendment to which I was anxious to move before the Minister had to leave for a European Council meeting. What we are trying to do in this amendment is to row back on the class exemption the Minister is seeking to give certain matters. The 1997 Act effectively provides, in matters of international affairs, matters relating to Northern Ireland, matters relating to security of the State and so on, that if harm would be done to the State's interests in those issues then the head is obliged to refuse. However, the amending Bill creates a class exemption so that effectively everything covered by several Departments of State – the Departments of Justice, Equality and Law Reform, Defence, Foreign Affairs – has a class exemption and is exempt from any disclosure. This is far too broad.

The Minister will be aware that in 1997 when this issue was discussed those Departments were anxious to get an exemption for everything they do. The view was taken that there should still be a requirement on them to show that some harm would be done, that perfunctory information relating to international affairs or Northern Ireland should be open to release in circumstances where it was clear no harm would be done by releasing them. It is regressive that the Minister and the Government have chosen to stamp whole areas of Government activity with the top secret "not to be disclosed under any circumstances" stamp. We are seeking to have that rowed back a little by requiring that only confidential information held on Northern Ireland, the security of the State and so on is protected and not perfunctory everyday information. While I do not expect the Minister to accept the amendment today, it is one of those issues where the sponsoring Departments have not made the case that they should be given the exemption which nobody else enjoys and to which the Minister might reasonably give consideration between now and dealing with it in the other House.