Enda Kenny (Mayo, Fine Gael)

The Deputy is well aware that the confidentiality of discussions at Cabinet and Cabinet committees is protected by Article 28.4.3° of Bunreacht na hÉireann, which states:

The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter -

i in the interests of the administration of justice by a Court, or

ii by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.

These are the circumstances in which the confidentiality of discussions at Cabinet committees can actually be broken. In the light of constitutional provisions, the well established precedent in regard to questions on Cabinet committees is for the Taoiseach to answer matters of a factual nature. It is important to note that this is part of the requirement of the Constitution. The Deputy on this side of the House for 14 years and would not answer anything about Cabinet committees or anything else.

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