Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The Constitution did not always have an explicit provision on Cabinet confidentiality. That was provided for in 1997 following a referendum. It was the Seventeenth Amendment of the Constitution. It was published on 1 May 1997, following the general election, restored to the Order Paper by the incoming Government on 10 September 1997 and, subsequently, enacted on 14 November of the same year. The relevant Article of the Constitution, 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 by a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to the public importance.

It took quite a long time to get the banking inquiry set up. Deputy Higgins said it was too late, but I do not agree. It is an important issue in respect of the people of the country-----

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