The Taoiseach is to consult Opposition parties about re-establishing the all-party committee on the Constitution. "The Constitution is now 60 years in operation," said Mr Ahern. "It has stood the test of time very well, but as we move into the next millennium it is timely that it should be reviewed." Mr Ahern was speaking during the second stage debate on the Seventeenth Amendment of the Constitution (No 2) Bill, paving the way for the referendum on Cabinet confidentiality which will be held on October 30th, the same day as the presidential election.
The amendment, he added, provided that while Cabinet discussions would continue to have constitutional protection, the High Court would have the power to determine disclosure in certain instances by virtue of an overriding public interest.
The doctrine of collective responsibility was underpinned in an important way by preserving the confidentiality of Cabinet discussions. "The potential disclosure by an individual member of the government of these discussions in a particular case, at some future time, could have an inhibiting effect on free discussion at Cabinet. Such confidentiality has been an element in the political stability we have enjoyed over many years."
Mr Ahern said he believed the proposals, which had been agreed by the last government, were reasonable given the complexities involved.
"They are, in many ways, an advance on the manner in which the Cabinet confidentiality issue is dealt with in other jurisdictions. Many EU states operate a much more restrictive arrangement, in relation to access to Cabinet discussions, than what is now proposed in this Bill."
Mr Maurice Manning (FG) said the amendment was straightforward, and a great deal of time and money might have been saved had it been in place during the beef tribunal. He welcomed the Taoiseach's commitment that the all-party committee on the Constitution would be re-established.
Mr Denis O'Donovan (FF) also welcomed the Taoiseach's announcement, adding that he was commending the amendment to the House. Ms Mairin Quill (PD) said it was a step in the right direction and overdue. The Bill was criticised by some Independent and Labour senators. Mr Brendan Ryan (Independent) challenged the assertion that the removal of Cabinet confidentiality would destabilise the political system, while Mr Feargal Quinn (Independent) claimed the Bill was sending out the message that nothing had changed. Dr Mary Henry (Independent) also insisted the Bill did not go far enough. Labour senators Ms Kathleen O'Meara and Mr Joe Costello said the Bill was too narrow in its focus and limited in its application.