Dáil debates

Tuesday, 18 December 2012

Ceisteanna - Questions (Resumed)

Cabinet Confidentiality

4:30 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

The Deputy will be aware Article 28.4.3° of the Constitution 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.
In that sense, confidentiality is paramount in the Constitution and should never be abused by any Cabinet.


The Deputy mentioned information being made available by the Bundestag. I admit there was an indiscreet leak from the European Commission in respect of the requirement that when the general proposals for the budget are put together, they must be presented to lender countries as a requirement of the funding mechanism. We have changed the situation so that when that information is presented, it is laid in the Oireachtas Library at the same time in order that there is no confusion.


Ministers hope the presentation of the budget will take place in November next year. We have published the review of expenditure, setting out the ceilings for each of the next three years. We have asked every Department and Minister to examine those limits and present their views. We have restored the Freedom of Information Act, the whistleblowers' legislation is in train, the register of lobbyists legislation is being prepared and we have expanded the role of the Ombudsman. In a short time, given the extent of legislation that must go through, a great deal has been done.


Given all of the information that was made available to Deputy Adams and his colleagues, it was strange that Sinn Féin did not show any seriousness about making really tough choices. The party did not submit its own proposals for the budget for independent costing and analysis by the independent unit of the Department of Finance. All of the information is available for the Deputy, and that will be supplemented during 2013 when we also hope to have an earlier budget process. Deputy Adams should make sure his people are prepared.

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