Dara Calleary (Mayo, Fianna Fail)

The Labour Party motion covers a very wide range of areas, from transparency and Dáil reform to changes in the budgetary and Estimates processes and reform of the public service. I am pleased to inform the House that the Government has been active in many of these areas and that there are commitments in the renewed programme for Government dealing with many of the remainder, while in some cases action would not seem to be required. The salient points are set out in the Government's counter-motion which I have moved.

Before dealing with the specifics of the Labour Party motion, it is proper for me to remind the House that there is already a substantial framework of legislation in place, much of it dating from recent years, that lays down rules about the standards that should apply in public office, management and accountability in the public service, transparency in the operation of public bodies and limits that apply in elections. I say this because, in dealing with specific ideas for change, we risk losing sight of the fact that there is a network of provisions in place that reflect the importance of underpinning high standards of behaviour, performance and accountability.

The Labour Party motion begins with the issue of Cabinet confidentiality. The purpose of Cabinet confidentiality is to ensure Ministers can have full and open discussions at the Government table, and it is an important aspect of the collective responsibility for Government decisions enshrined in the Constitution. I presume Deputies will be familiar with the constitutional provision on Cabinet confidentiality inserted by the people as recently as 1997. Article 28.4.3° of the Constitution provides that the confidentiality of discussions at meetings of the Government is to be respected in all circumstances except where the High Court determines that disclosure should be made in respect of a particular matter in the interest of the administration of justice by a Court or by virtue of an overriding public interest pursuant to an application by a tribunal appointed on Oireachtas authority to inquire into a matter of public importance. Cabinet confidentiality is not absolute. The High Court may decide that it should be lifted in the interest of the administration of justice by a court or by virtue of an overriding public interest identified by a tribunal. It is clear, therefore, that the Constitution provides that Cabinet confidentiality cannot be used to cover up investigations, as may be implied in Deputy Howlin's motion.

The Government does not support the Labour Party motion's proposal to overturn key provisions in the Freedom of Information (Amendment) Act 2003. These provisions were introduced to ensure the appropriate balance between facilitating public access to information and the proper functioning of Government. More than 500 bodies are covered by the Act. The Department of Finance keeps its coverage under regular review. A number of bodies have been identified as being suitable for freedom of information coverage and the Department of Finance is working on proposals for an extension of the Act to these bodies.

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