Peter Power (Limerick East, Fianna Fail)

As Deputy Burton has spoken about the point in detail I wish to respond briefly. This relates to amendment No. 89, which we are far from reaching. The Deputy seeks there to delete the provision which gives the court discretion, where it sees fit, to provide for in camera hearings. The issue was raised on Committee Stage. Since then the Minister sought the advice of the Attorney General on this issue who indicated that this type of provision is standard and necessary as there needs to be express statutory provision for the exception to court public hearings. The provision is necessary to respect commercial confidence which inevitably arises when dealing with information on bank assets, which are otherwise covered by customer confidentiality. That was an aspect of the Zoe case and we all know the outcome of that. The court made its decision based on the facts before it but certain information was withheld.

Providing for in camera hearings has been, and is, recognised as a permissible exception under Article 34.1 of the Constitution.

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