The Government yesterday said it was not going to contest the High Court application by the Smithwick Tribunal for a 1989 document presented to Cabinet about the IRA ambush of two senior RUC officers.
The Taoiseach's spokesman said the matter had been discussed at yesterday's Cabinet meeting and it was decided that the Government would not oppose the release of the document relating to the shooting dead by the IRA of Chief Supt Harry Breen and Supt Robert Buchanan in March 1989.
The tribunal's sole member, Judge Peter Smithwick, wrote to the Government and the Oireachtas last week saying he intended to make the High Court application.
Cabinet confidentiality is enshrined in Article 28 of the Constitution, and once a document or discussion is considered to come within the remit of Cabinet, absolute privilege attaches to it.
This means that no discretion can be exercised, nor can privilege be waived.
The only means for the document to be distributed is for a High Court judge to decide on its release.
Two legal actions are pending in the High Court in which the Dáil has a direct interest.
The spokesman said yesterday that the Government never opposed the release of the document, which dates from March 1989, but was obliged to follow this process.
Meanwhile, the Ceann Comhairle John O'Donoghue yesterday confirmed that he had nominated his parliamentary legal advisers to advise on the case and that the Oireachtas would be represented in the process.
He was answering a question put directly to him by Labour leader Éamon Gilmore during the Order of Business.
