Minutes from Maurice Moynihan to John A. Costello (Dublin) and Nicholas G. Nolan (Dublin)

Taoiseach,
Please see the attached memorandum dated the 6th instant,¹ which has been received from the Minister for External Affairs for circulation, under the Urgency Certificate, for tomorrow's Government meeting.

The memorandum contains 'proposals as to the procedure to be followed in relation to the granting of protective measures and for the review of existing protective measures'. It is accompanied by a draft public statement which, it is proposed, should be released as soon as possible and 'should form the basis of the Government's policy in relation to protective measures'.

In my opinion, the acceptance of this memorandum, and the inclusion of the matter to which it refers in the Government Agenda at the request of the Minister for External Affairs, would open the way to the creation of chaos in the arrangements for the transaction of Government business.

Article 28.12 of the Constitution recognises the principle of the distribution of business amongst the Departments of State and the designation of members of the Government to be the Ministers in charge of Departments, and provides that these and certain related matters 'shall be regulated in accordance with law'. Section 1 (vii) of the Ministers and Secretaries Act, 1924, states the administration and business generally which are comprised in the Department of Industry and Commerce, including those of public services in connection with trade, commerce, industry, etc. It is clear that the proposals submitted by the Minister for External Affairs relate to matters concerning the Department of Industry and Commerce and have only a remote relation to the functions of the Department of External Affairs.

The whole basis of the Cabinet Procedure Instructions which were approved by the Government on the 27th February last is that proposals for consideration by the Government must be submitted by the Minister in charge of the Department primarily concerned with the proposals, after consultation with other Ministers concerned. Experience has shown that it is only by the observance of this principle that Government business can be transacted in an orderly way. In the present case, the proposals are submitted by a Minister who is not directly concerned with the matter to which they relate and without the agreement of the Minister who is mainly concerned or of the Minister for Finance.

The proper course, in my opinion, is to suggest to the Minister for External Affairs that he might communicate his views in this matter to the Minister for Industry and Commerce and ask that Minister to consider them and make a submission to the Government. I would strongly urge that, in any event, you should decline to admit the matter of the procedure regarding protective measures to the Agenda on the submission now made by the Minister for External Affairs.

Memorandum from the Minister for External Affairs about the review of protective measures.

Runaí Cúnta,
The Taoiseach has decided that this memorandum should not be circulated and that the matter should not be put on the Supplementary Agenda for today's meeting. He proposes to treat the memorandum as a communication to himself, as Head of the Government, from a member of the Government holding personal views on a problem which has been discussed at Government meetings. He would like to have a small number of copies (say three) attached to his papers for today's meeting.