Written answers
Tuesday, 28 September 2021
Department of An Taoiseach
Cabinet Confidentiality
Carol Nolan (Laois-Offaly, Independent)
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190. To ask the Taoiseach the position regarding Cabinet confidentiality; if his attention has been drawn to any member of Cabinet who has contravened Cabinet confidentiality since the formation of Government; and if so, the measures he has taken to address such a breach. [45114/21]
Micheál Martin (Cork South Central, Fianna Fail)
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Cabinet confidentiality is provided for at Article 28.4.3 of the Constitution. It provides that the confidentiality of discussions that take place at the Government’s meetings shall be respected in all circumstances save where it is decided otherwise by the High Court. The Article provides that the High Court may determine that disclosure may be made in a particular matter in the interests of the administration of justice by a Court or where, on application by a tribunal, there is an overriding public interest at stake in the context of a tribunal inquiring into a matter of public importance.
This requirement to maintain confidentiality is set out in these terms in the Cabinet Handbook and all Cabinet members are expected to abide by it.
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