Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I welcome the Senator's comment but on the last occasion he described a similar type of provision as a "nonsense", which I assume he did, it did not transpire to be thus in the manner in which the various bodies have since engaged with appropriate or relevant Dáil committees, including joint committees. The sky did not fall in. I must come back to what I describe as the standard nature of this provision. I do not want to restrict accountability for matters that are properly before a committee. I want to ensure that matters run smoothly, that there is accountability and that there is a process through which the general administration of this body can be dealt with by the chairperson from time to time. I do not want to see accountability restricted and do not agree with Senator Norris that a great restriction or nonsense is implicit in the section. It works well in other legislation.

Senator McDowell is right that there is no linking of the High Court procedure under section 22 to subsection (3)(b) because it is not necessary. Access or resort to the High Court is a fairly common dispute resolution mechanism that we provide for in law and it is appropriate that this is the case. The difference in subsection (3)(b) is the fact that the disclosure is prohibited explicitly under sections 27 and 28. Matters that will be covered by subsection (3)(a) in terms of resort to the High Court would, in certain circumstances, be more subjective and may require to be determined in the High Court and will be the subject matter of argument whereas the disclosure of confidential information under sections 27 and 28 is catered for in those sections.The proposal that "Any person who knowingly discloses or makes public in any manner any information that is secret within the meaning of subsection (1) shall be guilty of an offence" is far more black and white. Given the subjective nature of an argument or a point at issue under the earlier subsections, the question of resort to the High Court should be treated somewhat differently. That is the basis of it. Past experience points to a pretty infrequent use of this provision in any event. It happens infrequently that tensions between Oireachtas committees and agencies have to be decided on by means of application to the court. Nevertheless, it is important for this mechanism to be built into the legislation. That is merely what we are doing - no more and no less.