Charlie McCreevy (Kildare North, Fianna Fail)

I will not accept this amendment because it runs contrary to the thrust of the provision relating to deliberative processes whereby a Secretary General, rather than the Minister, has the function of certifying that a record relates to ongoing deliberations. This amendment is based on the provisions of section 25 of the 1997 Act relating to highly sensitive records in the areas of security, defence, law enforcement and international affairs. However, the two mechanisms are not the same. In section 25 of the 1997 Act the Minister has responsibility for certifying such records, whereas, under the provisions of the Bill relating to deliberative processes, it will be the function of Secretaries General. There is nothing unusual in this. The Public Service Management Act 1997 gave significant new powers to Secretaries General which previously had been those of the Minister. This is an extension of that principle.

A framework for modern government recognises that Secretaries General have a distinctive role in their own right. One can argue that this may give rise to clashes between a Minister and a Secretary General but the same could be said of the Public Service Management Act 1997. I am sure disputes between Secretaries General and Ministers were not unknown before the introduction of that Act either.

Amendment, by leave, withdrawn.