Brian Hayes (Fine Gael)

I have another objection to the rule whereby the committee can meet in private for reasons of confidentiality. As I said in my contribution, there is no constitutional bar on a committee of the House meeting in private, although there is a bar on a plenary session of the Dáil or Seanad in private. Section 3 states:

Subsections (1) and (2) of section 2 shall not apply to a proposed measure which, in the opinion of the Minister, is confidential.

Has consideration been given to a joint decision of the Minister and the committee, which would give greater validity to the private session that would ultimately occur? I know this will be an exception to the rule, but if the decision was taken jointly by the Minister and the committee, would this safeguard the procedure? Once a private meeting occurs those who are against the European Union will use this as an opportunity to attack Members of the House and say this is an example of meeting behind closed doors without any legitimacy.