Michael Ahern (Cork East, Fianna Fail)

I oppose amendment No. 8, which would qualify the protection that is available to all Cabinet records in a way that is not applicable under the existing Act. I am satisfied that the potential for the release of such records to undermine collective ministerial responsibility is not limited to the categories set out in the amendment. It is notable that the framers of the original Act did not restrict the protection available for Government records in this way, nor would one find much support for such restrictions in FOI legislation overseas.

Regarding amendment No. 9, the group of Secretaries General argued cogently for the need to protect ministerial communications relevant to ongoing or pending Cabinet deliberations. The potential for the release of such records to undermine collective ministerial responsibility is not limited to the categories set out in the amendment, which I also oppose.

I also oppose amendment No. 12 as the Government is satisfied with the continuing need to protect Cabinet records as a class, including records of committees established to support Cabinet decision-making. The potential for the release of such records to undermine collective ministerial responsibility is not limited to the categories set out in the amendment.

The Attorney General's role is to give advice to the Government on a wide range of complex legal issues. It is not appropriate that he or she would have a certifying role regarding freedom of information.