Sir, - A Supreme Court majority ruled that Cabinet Confidentiality is absolute, but I have to ask, so what? What would happen, by way of sanction or punishment, if this confidentiality is breached? Nothing at all is the correct answer, in law at least.
Did not Pat Rabbitte attend Cabinet meetings after the Supreme Court ruling? If anyone other than a Cabinet minister is present during Cabinet meetings, then such meetings and discussions take place in breach of the Supreme Court ruling on the matter of confidentiality. As there is no penalty for such breaches, this situation is not addressed. It is the same as having a law on speed limits which fails to lay down a penalty for breaking such a law.
Media commentators suggest that a resigning minister could not divulge the reason for such resignation if it arose from conflict of views at Cabinet meetings. What rubbish! Such a minister is not amenable to any court if he/she states the reasons within the Dail chamber. Neither, say, if a minister holds a press conference and gives "chapter and verse" of a Cabinet discussion, is there any punishment in law as far as I am aware (excluding matters covered by the Official Secrets Acts).
It will be a very dangerous move to pass the proposed Constitutional amendment on Cabinet Confidentiality at the present time and in the present form.
The (Supreme Court) law currently is that a member of Cabinet cannot legally be compelled to divulge any matter discussed at Cabinet. He/she may, however, voluntarily do so without fear of any legal retribution.
Accordingly, the Supreme Court ruling merely provides a hiding place for our Government ministers. - Yours, etc.,
From R. J. Cloughley
Terenure, Dublin 6W.