The proposal to write a Cabinet confidentiality clause into the Constitution will be presented to voters on a green ballot paper today. Voters will be asked to mark X in the Yes square if they approve of the amendment; and X in the No box if they disapprove.
The Government, supported by the three main Opposition parties, is proposing that a new clause be inserted into Article 28 .4.2, which deals with collective Cabinet responsibility. The new subsection would formally write the absolute rule of Cabinet confidentiality into the Constitution for the first time with two exceptions where the ban could be waived. The wording of the proposed 17th Amendment to the Constitution states:
"The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter: (i) in the interests of the administration of justice by a court, or (ii) by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public interest."
The amendment, which was drafted by the former Taoiseach, Mr John Bruton, and accepted by his successor, Mr Ahern, is deemed to be necessary now because of the all-encompassing nature of a Supreme Court judgment on Cabinet confidentiality during the beef tribunal in 1992.
In a majority judgment on August 21st, 1992, the Supreme Court ruled that there was an absolute obligation on ministers to maintain confidentiality about all discussions at government meetings. Government decisions and government memoranda, however, could be made public.
As things stand before today's vote, the Supreme Court has imposed an absolute ban on ministers divulging any details of Cabinet discussions in any case.
Today's referendum would ease that situation by creating two exceptions to the absolute rule. These could he helpful to the Moriarty and planning tribunals.
The price to be paid for these exceptions, however, is that today's proposed amendment would enshrine the absolute confidentiality of Cabinet discussions into the Constitution for the first time. The rule currently has the status of one Supreme Court judgment.
