Charlie McCreevy (Kildare North, Fianna Fail)

I oppose this amendment. International case law supports a high degree of protection for communications and negotiations of a diplomatic nature involving Ministers and the Government. This was recognised by the Oireachtas in the original Act when ministerial and Government communications were not qualified in the manner proposed by this amendment. In drafting the Freedom of Information Act there was an understanding that records relating to defence, security and international relations and Northern Ireland would be provided a high degree of protection. However, difficulties have arisen over the interpretation of what "could reasonably be expected to cause harm". This has led to uncertainty and to the release of information which the Government would have judged had better been held in confidence.

The main difficulty relates to the uncertainty as to what might be released. It is not possible at present to provide any guarantee to interlocutors the information given in confidence can be secure. Without such a guarantee such information will be withheld. This has already been made clear to us by representatives of other states. The Government has to take account, therefore, of the fact that this uncertainty regarding the interpretation will result in a loss of confidence in dealings with the Government and that important and sensitive information may not be made available. Such a situation would have serious consequences for the security and well being of the State. The Government has a responsibility to ensure this does not arise.