The problem of ministerial leaks

Echoes of the past from the archives

When one reads in a newspaper that ‘a source close to the Minister says’, this can be taken to mean that the Minister himself has been speaking to the correspondent ‘off the record’. Such background briefs are better known as ‘ministerial leaks’ and at time they are the cause of much annoyance to the Taoiseach (or indeed to anyone else in a position of leadership, especially in the Church).

But though it might seem hard to do anything about such a permanent feature of government in a modern democracy, some have tried. Certainly Dr Garret Fitzgerald attempted to do so in the summer of 1983. It was not just a matter of “the danger of premature publicity” but “the release of the text of [a] bill being interpreted as a breach of Parliamentary privilege”.

Source

In the words of a memo of July 1975. “Acts such as the release of information about matters the Government had not finalised could be “a source of embarrassment to the Government”.

But such disclosures were a constant. The summer of 1983 was slightly different. In May Dick Spring, talking to the press, mentioned details of tax measures and legislation that would “reconstitute” on Bórd Pleanala, which it was hoped would “end scandals” related to developments. Then Minister for the Environment in the Fitzgerald Fine Gael/Labour Coalition, relations between Fitzgerald and Spring were generally harmonious, even if other Ministers were in contention.

But the event brought a stiff memo from the secretary of the Taoiseach’s department on the same day. “There appears to be an ever-growing tendency by members of the Government and Ministers of State to refer to items before the Government or about to come to Government in a short time of proposed legislation.”

He gave as examples an increased capital allocation for the Housing Finance Agency, the establishment of a Commission on Social welfare; legislation about the Roads Finance Agency; and (a sensitive area at that date) legislation on Family Planning (or rather the availability in general of contraception).

He advised members of the government and their staff “the reports are most serious in that they could be interpreted as a breach of parliament privilege…members of the Administration would be well advised to steer clear of commenting on issues which awaited government decision and avoiding details in the case of proposed legislation – a passing reference to something approved by Government which requires legislation and is being drafted is in order.”

He noted for the Taoiseach that there was “a tendency which it is highly desirable to eliminate – in the government’s own interest”.

Fitzgerald himself in a memo circulated to all Ministers and Ministers of State that while he greatly appreciated their discretion in defending or publicising long settled policy – he was still concerned about leaks of upcoming matters.

Aside from the matter of parliamentary privilege, such leaks might not only commit the Government to policies before they had properly considered it. “It can create a damaging impression in the public mind of tension or indecisiveness.” A copy of this was specially sent to Dick Spring.

That was a generation ago in the days of an earlier coalition. But it could well be repeated today. (2016/51/257)