Cabinet confidentiality legislation
Micheál Martin presses the Taoiseach on the Government’s promise to legislate on Cabinet confidentiality and its inconsistency with existing inquiry legislation. The Taoiseach says such legislation is constitutionally impossible, while the Ceann Comhairle repeatedly stops the exchange and directs the matter to parliamentary questions.
The programme for Government has a section dealing with political reform and the Government indicates "we will legislate on the issue of cabinet confidentiality". The Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 has a provision at section 86 precluding an Oireachtas committee from seeking evidence about Cabinet decisions and discussions. Some may say this is in accordance with Article 28 of the Constitution but section 71 of the Act, for some reason, also precludes questions being asked about Cabinet discussions. This is the Act used in setting up the banking inquiry. For some reason the Government specifically inserted a provision to prevent questions being asked about Cabinet discussions, which one might think is central to many of the issues, and to which many people would like to contribute. Was this intended in the programme for Government when it stated "we will legislate on the issue of cabinet confidentiality"? Will the Taoiseach outline what was meant by the inclusion of that provision in the programme for Government or why was it inserted?
Comment on this
I asked this before and the Taoiseach stated he would come back to me. He was not quite sure how it ended up in the programme for Government but it is there and it is a promise to legislate.
When can we expect universal primary care legislation? With the discretionary medical card decision, there was a promise, even as late as today, that the 1970 health care legislation would be an issue. I do not agree with the Taoiseach's analysis as discretionary medical cards were being given out for 30 or 40 years anyway. Be that as it may, we have been told this only relates to undue hardship and legislation would be required to deal with medical issues in the granting of discretionary medical cards. That was promised but it was not promised in today's statement. Will the Taoiseach provide an update on the commitment to legislate for people having access to medical cards on the basis of medical hardship?
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I dealt with the question of Cabinet confidentiality before. This is a result of enthusiastic discussion and I indicated before that it is not possible to implement legislation relating to Cabinet confidentiality.
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It is in the programme for Government.
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There were two or three other items in the programme for Government, such as the upward-only rent review matter, which when we examined them we found serious constitutional issues. In respect of the medical cards-----
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Sorry, to deal finally with the matter of Cabinet confidentiality-----
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Will it be taken out of the programme for Government? Is the Taoiseach saying he has no idea why it is there?
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You have no idea. You have no clue why it ended up in there. That is extraordinary.
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Deputy Martin is talking about people who do not have a clue. He did not have a clue either.
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You did not deal with it before.
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You smirked and looked into the sky.
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I answered the question before to the effect that it is not possible to legislate for Cabinet-----
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It is in the programme for Government. It is a very serious issue and we do not get any answers in here.