Enda Kenny (Mayo, Fine Gael)

The relevant Article 28.4.3° 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.

The concern here might have arisen in that the provision that was being inserted into the Constitution covered very narrow circumstances in which Cabinet confidentiality discussions might not be respected. This has been enshrined in our Constitution for the past 14 years and that provision cannot be changed without a referendum. I do not have any intention of seeking a referendum to change it.

See this speech in context