Michael Ahern (Cork East, Fianna Fail)

The provisions which the amendment would delete reflect the Government's considered view of the limited changes necessary to the protections available for Cabinet records to ensure effective government, consistent with the principles underlined in the Freedom of Information Act 1997. The relevant provisions also reflect the Government's considered view of the additional protection necessary to ensure the exercise of collective ministerial responsibility is not adversely affected by the operation of certain provisions of the Act. During the deliberative process of an issue by a Government it is essential that members of the Government can communicate with one another in an open and frank manner. These communications should be capable of being carried out on a completely confidential basis. Protection for inter-ministerial communications is a feature of the FOI legislation in Australia, Canada and the United Kingdom.

In reply to Senator McDowell's question, after the deliberative process is over, records are protected under the ten year rule.