End of an era on Cabinet secrecy?
Every December the government releases cabinet papers under the "30 year rule". Every year some of ireland's best journalists and historians examine those papers to understand the background to the major events and decision of the day. But due to a decision of the Information Commissioner in October, all that may change.
In March 2007 I requested cabinet documents under EU Directive on Freedom of Access to Information on Environmental Matters. I asked for all records of meetings where climate change was discussed. The Department of an Taoiseach refused on the grounds that the confidentiality of government meetings was protected by the constitution. I appealed this to the Information Commissioner.
To see a copy of one of those requests, click here.
Landmark decision by Information Commissioner
In a historic decision, the Information Commissioner ordered the Department of an Taoiseach to release Cabinet documents. This is the first time in the history of the state that cabinet documents have been released to the public outside of the "Thirty year rule." For the full text of the decision, click here.
This decision is now the subject of a High Court appeal by the Taoiseach. If the High Court upholds the decision of the Commissioner, the effect will be dramatic. The government will be obliged to pro-actively release cabinet documents as soon as they are produced. Rather than having to wait 30 years to find out who said what about climate change, incineration or motorway construction, this information will begin the public domain immediately. Freedom of access to information will enhance public participation in the democratic process, increase environmental protection and engender greater confidence in the decision of government.
Government appeals decision to the High Court
In the Dáil on Tuesday 21st October the Taoiseach confirmed that the government was going to appeal the decision of the Information Commissioner to the High Court. I was served with court proceeding on 10th December, the first hearing will take place on 14th January 2009. This is a regrettable decision and will cost the taxpayer between €500,000 and €1 million. Instead of costly legal action the government should follow the spirit of the Directive and proactively release all the relevant documents. Cabinet secrecy only adds to the distance between government and citizen.
The Department of the Taoiseach had the opportunity to make a submission to the Information Commissioner but was unable to present any legal reason why the documents should not be released. For a copy of the Taoiseach's submission, click here.
For the full text of the Dáil debate, click here.
Click on any of the following links to see the media coverage of this story:
Sunday Tribune 12 October Cabinet secrecy rule overturned
Irish Times 13 October Release of secret documents ordered
Examiner 13 October Green activist smashes Cabinet secrecy rule
Examiner 13 October- Editorial Access to information - Ruling on cabinet file is welcome
Independent 13 October Cabinet's climate credentials to be aired
RTE Radio 1 13 October Drivetime with Mary Wilson (6mb MP3 download)