Kathleen O'Meara (Labour)

While there is a number of significant amendments, this one has been widely publicised by the Government. I have heard some poorly informed commentators say this Bill is only about extending the five year Cabinet secrecy rule to ten years and wondering what all the fuss is about. If it was only this issue, we would not get so worked up. In a discussion on this matter on radio this morning it was pointed out that the five year rule was liberal when compared to the rule in other jurisdictions; it was said almost as if Ireland should be entirely consistent with other regimes. While it may be liberal, it is in the context of the spirit of the 1997 legislation which sought to create a real balance between the right of citizens to have access to information, particularly about how Government decisions are made, and the necessity of Government to maintain a level of secrecy from time to time.

It was the intention of those who framed the legislation that a five year rule would apply to Cabinet memoranda. The Bill before us proposes to increase this to ten years. It is before us because the Government has been re-elected. Within it there is clearly a view that the release of Cabinet memoranda relating to decisions made in 1998 could be a source of embarrassment. This is the main reason the legislation is before us. The Taoiseach does not want information on Government decisions from 1998 to be available under the Freedom of Information Act and accessible to public representatives, journalists or members of the public. It is worth looking back on the thinking behind the intentions of Government of the day regarding this provision and worth remembering the Oireachtas agreed this legislation, including the five year rule, at the time. A different view is now taken.