Exchange of minutes between Rónán Ó Foghluda and Maurice Moynihan concerning Cabinet procedure regarding Department of External Affairs memorandum 'Transfer of certain External Powers and Functions to the President'

Runaí,
This item does not comply with Cabinet Procedure in two respects.

1. It is presumed that the Taoiseach, at least, and possibly all other Ministers would be concerned in the matter. Yet the Form B indicates that the concurrence of no other Minister has been sought.
2. The decision requested is not in order. It should have been a request to the Government for authority to have a Bill drafted on the lines of the General Scheme. I mentioned this point to Dr. Rynne and he explained that authority for drafting would be sufficient and that the reference to the introduction of a measure was made owing to a failure to advert to the Cabinet Procedure Instructions.

For a direction, please, as to whether the papers should be circulated in the circumstances?

Mr. Foley,
The Tánaiste, who has discussed this matter with the M/E.A. agrees that the question of having a Bill drafted must be considered at today's meeting. There will be an opportunity of consulting the Taoiseach, on his return from Canada, before the question of the introduction of the proposed legislation comes before the Govt. The present submission should be regarded as a request for authority to have a Bill drafted.

The question of consultation with the Secretary to the President should be borne in mind.