The following is the full text of the joint statement issued by the five party leaders calling for a Yes vote in tomorrow's referendum on cabinet confidentiality:We urge public support for the constitutional amendment on cabinet confidentiality which will be the subject of a referendum in conjunction with the presidential election on October 30th, 1997. We are agreed in recommending that the people record a Yes vote on the proposal. We wish to remind people that the Supreme Court in 1992 ruled that the collective cabinet responsibility provision in the Constitution prevented a tribunal from inquiring into discussions at government meetings. This judgment brought attention to the restrictive nature of the current provisions.
The last government, following a detailed consideration of the matter, including references contained in the Whitaker Constitution review group report of May 1996, agreed that a constitutional amendment should be proposed providing for (a) an express statement of the general rule of cabinet confidentiality and (b) exceptions to the cabinet confidentiality rule where the High Court determines that disclosure should be made.
These exceptions relate to the interests of the administration of justice by a court or to an overriding public interest arising from an application by a tribunal of inquiry. The present Government endorsed the proposed amendment. Insofar as tribunals are concerned, the proposal being put to the people next Thursday is, therefore, a relaxation to some extent of the rule laid down by the Supreme Court. We say `to some extent' because the amendment does not provide for every eventuality or for every exception.
The main purpose of the referendum is to ensure that no obstacles are placed in the path of the courts or tribunals of inquiry, including when they are investigating serious misconduct, in which public figures may possibly be implicated, or other matters of grave public concern.
The proposed constitutional amendment has, therefore, an immediate relevance. Its endorsement will enable the Moriarty and planning tribunals to apply to the High Court for permission to inquire into cabinet discussions if they consider it necessary having regard to their mandate.
We would wish to emphasise that the proposed amendment relates only to discussions at government as distinct from government decisions, conclusions or memoranda which can be accessed in the national archives in the normal way or through the courts if under 30 years unless such documents give details of discussions, in which case their disclosure would be withheld from the archives, subject to periodic review.
We acknowledge that the work of the recently reconstituted allparty committee on the Constitution and the actual operation of the Moriarty and planning tribunals may well necessitate a review of the cabinet confidentiality issue. We will ask the all-party committee to formulate, at the earliest possible opportunity, any proposals they consider necessary to address remaining issues.
We are agreed that the public interest would best be served by acceptance of the current proposals.