[Terpelaziun] Avocat-Xheneral (Sept 9)

Started by Breneir Tzaracomprada, September 09, 2024, 06:00:01 PM

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Breneir Tzaracomprada

Tuischach,

I rise, with concern, to direct a question to the Avocat-Xheneral @Ian Plätschisch who stated as follows:

Quote from: Ian Plätschisch on September 09, 2024, 05:52:53 PMMy legal advice to the rest of the Cabinet is that Lex.D.8.9 does not stipulate that no contents of the cabinet forum may be released until the after the 7-year period. It only stipulates that all of the contents (except contents exempted by D.8.2 - D.8.4) shall be released at that time.

Please inform the Ziu of the basis of this determination that the Cabinet may release cabinet discussions of a previous Government before the time period designated for release by the Archivist according to the Second Talossan Government Transparency Act?

Ian Plätschisch

Honourable Túischac'h,

I thank the member for his question. The basis of the determination is the legal maxim that "everything which is not forbidden is allowed". I am not aware of any restriction on sharing unprivileged correspondence, nor anything indicating that the correspondence in dispute enjoys any privilege.


Breneir Tzaracomprada

Túischac'h,

A supplementary question if I may. But first, that is a splendid meme and there should be more memery in this august House.

8.9.2 prescribes a seven-year period before "release" of the internal Government communications by the Archivist. Why would this not be interpreted to mean the communications are not public?

Ian Plätschisch

Honourable Túischac'h,

The fact that the Royal Archivist is directed to release the communications after seven years does not imply that the communications may not be shared by anyone else in the intervening time.