Charles Flanagan (Laois, Fine Gael) | Oireachtas source

-----commission process. Senator McDowell's point on confidentiality is about whether those requirements imply that the Attorney General cannot divulge to the Cabinet the names of persons who have not been recommended by the commission. If the Attorney General is free to give such information to the Cabinet, it is suggested that the Bill should be amended to make that clear. Specific reference was made to a situation where the Cabinet might be of the view that it would not appoint a recommended person and then the Attorney General could be asked about another applicant or the status of that applicant. If we look at the current job process, for example, where all of the relevant names are brought to the attention of the Minister at some stage, we are now being queried on whether it would be permissible for the Attorney General, as legal adviser to the Government, to advise the Government against the recommendations of the commission in the context of there being other people or, as the Senator has said, better people who it is presumed have made an application.

I want to be clear on sections 27 and 28 on the definition of confidential information. It includes "information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description" and "proposals of a commercial nature or tenders submitted to the Commission by contractors, consultants or any other person" Section 28 makes it clear that a member of the commission, except for the purposes of the Act, in relation to persons applying for judicial office, shall not disclose to persons applying for judicial office, among other things, the proceedings of the commission. The import of this is clear. We have amended the Bill here. The Attorney General is a member of the commission and he or she will be bound by the same statutory obligations as other commission members. As a member of the commission, that must be the case and the Bill is clear as to these obligations. The precise information that is brought to the attention of Government does not include the provision of the names of persons who are recommended, nor does it include the provision of the names of persons who are not recommended. It is also clear about the decision-making process and the procedure for recommendation by the commission.

This is important and there are strong arguments that we have made time and again in this House, and indeed in the Lower House, on the need for confidentiality in these matters. I invite Senators to accept that. The policy is that only in limited circumstances will names other than those recommended be forwarded by the commission. That is where the commission is unable to recommend three names and that is not what the Bill currently provides. My amendment No. 88 will address this matter later. The Attorney General, as a member of the commission, will be bound by the provision on the disclosure of information.