THE referendum paving the way for a relaxation in Cabinet confidentiality is expected to be held in November, on the same day as polling in the presidential election.
According to legislation allowing for the referendum, Cabinet confidentiality will only be relaxed if the High Court decides disclosure is necessary in the administration of justice or because of "an overriding public interest" in a tribunal investigation.
The proposed amendment relates only to Cabinet discussion and not to documents.
The Seventeenth Amendment of the Constitution (No 2) Bill, 1997, which was published yesterday, says confidentiality of discussions at Government meetings will be respected "in all circumstances", with two exceptions.
In the first, confidentiality can be relaxed if the High Court decides disclosure is necessary in the interests of the administration of justice by a court.
Secondly, privilege can also be breached if the High Court determined it is necessary, in the public interest, during the course of a tribunal which has been appointed by the government or a minister "to inquire into a matter of public importance".
During the beef tribunal, the Supreme Court held in August 1992 that Cabinet discussions should remain absolutely confidential. As a result of that ruling, the report of the tribunal in 1924 noted that it was limited in its inquiries to Government decisions and to documentation.
However, it was precluded from inquiring into "the contents and details of discussions of meetings of the government". The report also stated that the Supreme Court ruling inhibited relevant government ministers from dealing in evidence with Cabinet meetings held in June and October 1988.
A commitment to examine thee possibility of a referendum on Cabinet confidentiality was given in the Coalition's Programme for Government.
The Constitution Review Group last year concluded that there were strong grounds for extreme caution in the Government's approach to loosening the confidentiality rule.