Seventeenth Amendment of the Constitution Act, 1997.

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SEVENTEENTH AMENDMENT OF THE CONSTITUTION ACT, 1997

ARRANGEMENT OF SECTIONS

SCHEDULE

Part I

Part II

SEVENTEENTH AMENDMENT OF THE CONSTITUTION ACT, 1997

AN ACT TO AMEND THE CONSTITUTION. [14th November, 1997]

WHEREAS by virtue of Article 46 of the Constitution any provision of the Constitution may be amended in the manner provided by that Article:

AND WHEREAS it is proposed to amend Article 28 of the Constitution:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:

Amendment of Article 28 of the Constitution.

1.—Article 28 of the Constitution is hereby amended as follows:

(a) the subsection the text of which is set out in Part I of the Schedule to this Act shall be inserted after subsection 2° of section 4 of the Irish text,

(b) the subsection the text of which is set out in Part II of the Schedule to this Act shall be inserted after subsection 2° of section 4 of the English text,

(c) subsection 3° of section 4 of both texts shall be numbered as subsection 4°.

Citation.

2.—(1) The amendment of the Constitution effected by this Act shall be called the Seventeenth Amendment of the Constitution.

(2) This Act may be cited as the Seventeenth Amendment of the Constitution Act, 1997.

SCHEDULE

Part I

3° Déanfar rúndacht na bpléití ag cruinnithe den Rialtas a urramú i ngach toisc ach amháin i gcás ina gcinnfidh an Ard-Chúirt gur ceart nochtadh a dhéanamh i dtaobh ní áirithe—

i. ar mhaithe le riaradh cirt ag Cúirt, nó

ii. de bhua leasa phoiblí sháraithigh, de bhun iarratais chuige sin ó bhinse arna cheapadh ag an Rialtas nó ag Aire den Rialtas le húdarás Thithe an Oireachtais chun fiosrú a dhéanamh faoi ní a luafaidh siad ina thaobh go bhfuil tábh-acht phoiblí ann.

Part II

3° The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter—

i. in the interests of the administration of justice by a Court, or

ii. by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.