A CABINET Confidentiality Bill designed to end the rule of absolute confidentiality, has been published by the Progressive Democrats and will be moved in the Dail tomorrow.
Rather than adopt the Government's approach of seeking reform through a constitutional referendum, Mr Michael McDowell has proposed the passage of detailed measures which would subsequently have their constitutionality tested by the Supreme Court. This approach, he argued, would be better than "attempting to write serious, complex and finely balanced provisions into[ the Constitution.
The Attorney General, Mr Dermot Gleeson, is understood to have been invited by the Government last week to re examine the issue of a referendum wording. And the Tanaiste, Mr Spring, said in the Dail that a referendum to change the law on absolute cabinet confidentiality might be held in connection with a general election.
Mr McDowell said the problem with the absolute rule was that it could, be "ignored with impunity and invoked with malice". The party's Bill restated the "generally understood and generally accepted balance between confidentiality and the rights of the public, in certain limited circumstances, to have access to the truth."
"Cabinet business," under the Bill, would exclude documents prepared for government meetings and formal records consisting of any decisions taken. It would mean "discussions, statements or expressions of opinion or intention, whether express or implied" at a meeting of government or government sub committee.
Cabinet business could be disclosed in restricted circumstances to the Courts and Tribunals of Inquiry where that is essential in the interests of establishing the truth".
The existing rule would be relaxed where communications between ministers and civil servants were concerned; where a minister resigned or was dismissed, where the prosecution of a serious criminal offence was involved, in relation to the publication of works of historical or political importance, with the consent of the secretary to the Government, and, after, a delay of seven years; involving access to national archives and in respect of communications Wade for the purpose of preserving cabinet confidentiality.