Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

It remains my position that unauthorised disclosure of confidential information by members of a committee should be discouraged. I emphasise in this context the words "unauthorised" and "confidential". Under section 9(1) a committee member may disclose confidential information if authorised to do so by the Minister. This provision is not intended to preclude general comments or discussion on everyday issues relating to the committee. What we are talking about is, for example, unauthorised disclosure of ongoing and sensitive negotiation positions, either at national or EU level, which could be damaging to the official position, or information which is considered to be commercially or strategically sensitive.

It is important to note that section 9 is grounded in section 8, which allows the Minister to make appointments to committees and to share information with such parties to ensure good decisions and policy-making. It is likely that many of the appointees will not be civil servants and will therefore not be covered by the same statutory obligations as the Civil Service on the disclosure of information. It would be remiss if the statute allowing the appointment of such individuals did not provide that the information they receive as a result of such an appointment be protected. Disclosure of information received as a result of appointments under section 8 is subject to the law.

I pointed out on Committee Stage that I had reviewed the issue of disclosure of information in the public interest, in consultation with my legal advisers. My advice is that the words "save as otherwise provided by law" included in the existing text of section 9(1) accommodates the public interest and includes the range of legislative provisions dealing with releases of information. The important point to note in this context is that confidential information may only be released when authorised by the Minister or as provided by law. This means that committee members are subject to the Protected Disclosures Act 2014, the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, which was indirectly referenced by Senator Ó Clochartaigh in his contribution on Committee Stage, the Freedom of Information Act and the Data Protection Acts, to mention but a few of the relevant provisions. In the circumstances, I believe the provision is necessary and proportionate, and that to remove it may jeopardise the effectiveness of committees established under the Bill. Therefore, I do not propose to accept the amendment.