Dermot Ahern (Louth, Fianna Fail)

I understand the point being made by the Senator. If confidential information was to be made available with the consent of the agency, the consent of the Minister would also have to be acquired. The Minister's opinion, according to the amendment, will be sought in relation to "information that is expressed by the Agency or the Minister to be confidential," but his consent is not needed. I put it to the Senator that opinion and consent are two different matters. The Minister may be involved in making a report to the agency and the agency may decide that while the information is confidential, it does not mind that it is divulged. It is possible to parse and analyse this amendment to too great an extent. The intention of the section is to ensure confidential information from the agency is not leaked in a way that is detrimental to the interests of the agency. Obviously, the Minister will have an input in deciding whether leaked confidential information is commercially sensitive or important in a similar manner. The Minister has to be involved in the decision. In a way, the Senator is asking me to be more prescriptive.