An Ceann Comhairle:   Is No. 4—— Caoimhghín Ó Caoláin: On a point of order, will the Ceann Comhairle inform the House on the salient rulings of the Chair? An Ceann Comhairle: That is not a point of order. If the Deputy has difficulties with it, he can come to my office where I would be delighted to discuss it with him. Caoimhghín Ó Caoláin: No, I wish to raise the ruling where the Ceann Comhairle has ruled in the past, along with his predecessors. I am asking for his direction on the salient rulings of the Chair as presented on 15 December 2000. An Ceann Comhairle: The Chair will communicate with the Deputy. Is the proposal for dealing with Private Members’ business agreed to? Caoimhghín Ó Caoláin: It states very clearly the rulings of the House. I ask the Ceann Comhairle—— An Ceann Comhairle: The Deputy is out of order. He cannot walk into the House just to discuss Standing Orders. Caoimhghín Ó Caoláin: I am asking the Ceann Comhairle—— An Ceann Comhairle: Is the proposal for Private Members’ business agreed to? Caoimhghín Ó Caoláin: The issue of referring to someone outside the House has been addressed in the past. It states references to other persons outside the House, public officials, etc.—— An Ceann Comhairle: The Deputy is out of order. Caoimhghín Ó Caoláin: I do not mean to be out of order. I am asking—— An Ceann Comhairle: The Deputy is out of order. The Chair has ruled on the matter and will communicate with the Deputy. We are not debating Standing Orders in the House. Caoimhghín Ó Caoláin: That will be after the event. An Ceann Comhairle: I ask Deputy Ó Caoláin to resume his seat or the Chair will take appropriate action. Caoimhghín Ó Caoláin: I must protest. Mr. D. Ahern: Can we get on with the business of the House? An Ceann Comhairle: The Chair will communicate with the Deputy. He cannot come into the House to start debates on Standing Orders in the middle of putting a proposal to the House. The Deputy will resume his seat. Mr. D. Ahern: It is far from Standing Orders the Deputy was raised. Mr. Morgan: What about the salient rulings? Mr. D. Ahern: It is nice to see the Deputies raising salient rulings. An Ceann Comhairle: Is the proposal for dealing with Private Members’ business agreed to? Agreed. Mr. Kenny: We are in the last days of session as Christmas approaches. Last night, just after 11 p.m., I passed by the front gate of Leinster House where Marie Therese O’Loughlin was lying in the freezing fog. Apparently, there is no room at the inn. I understand the State provided the building in which the Morning Star hostel was—— An Ceann Comhairle: This matter has been raised by Deputy O’Sullivan on the Adjournment and has been allowed. We cannot anticipate the Adjournment debate. Mr. Kenny: Given the time of year and the circumstances involved, there must be some way to investigate this so that it might be concluded. I understand serious concerns have been expressed about the imprisonment of a young Tipperary man in England, Christy McGrath, on a murder charge. Little can be done now about this, but it is an issue of which the Taoiseach might take note. I met members of his family and a support group who are anxious that it is taken up with the British-Irish Interparliamentary Body and the British Prime Minister. Tá a fhios ag an Taoiseach go mbeidh stádas na Gaeilge ag tosnú go hoifigiúil ar 1 Eanáir an bhliain seo chugainn. Tá a fhios agam go bhfuil easpa aistritheoirí ón tír seo sa mBruiséil. Cé mhéad aistritheoirí a bheas á gcur ann ag an Rialtas sa dtreo is go mbeidh an stádas curtha i gcrích i gceart? The Taoiseach: We intend to get it running but there is a question of getting sufficient staff numbers to be able to operate the system. Certain standards must be complied with, not only with Irish but staff having another continental language. We are still doing everything we can to ensure it starts. Mr. Rabbitte: If a doubt now exists whether the Morning Star hostel was subject to State inspection, surely there must be some way for the Government to intervene—— An Ceann Comhairle: The Deputy’s colleague, Deputy O’Sullivan, has raised the matter on the Adjournment and it has been allowed. It is unreasonable to anticipate the Adjournment debate. Mr. Rabbitte: I am grateful to the Ceann Comhairle. There must, however, be some way to end the punishment being inflicted on the woman outside the gates of Leinster House at this time of year. An Ceann Comhairle: It does not arise. As the Deputy knows, he had an opportunity to raise this matter on Leaders’ Questions. Mr. Rabbitte: Does the Government intend to proceed with legislation to establish a statutory press council? The Taoiseach: It will be introduced early in the new year. Mr. Sargent: Given that my matter was not accepted under Standing Order 31, will a review of emergency procedures in the event of a disaster such as that at Hemel Hempsted be part of the promised national oil reserves agency Bill? I seek some amnesty and clemency for the lady protesting outside the gates of Leinster House given the suffering she has experienced. The Green Party will write to the Committee on Procedure and Privileges submitting a complaint regarding the decision by the House to vote to collude with the Minister for Justice, Equality and Law Reform in defamation. An Ceann Comhairle: The House has decided by a majority of 71 to 14 to proceed with the debate. Deputies must accept the democratic decision of the House. Mr. Sargent: While I am aware of that, my party will write to the Committee on Procedure and Privileges. Mr. Morgan: The Minister attacked a person outside the House who is not able to defend himself. Mr. D. Ahern: Sinn Féin Deputies are great defenders. Mr. Morgan: The Minister’s actions are not on. Mr. Quinn: In view of the fact that the services directive proposed by the European Commission has gone through a committee of the European Parliament and is likely to be voted on in plenary session in February next year and in view of the amendments to the directive and its significance for many Irish workers, is it possible for a debate to be arranged in Government time when the House resumes in January to discuss this matter and have the position of the Government known before the vote is taken in the Parliament? The Taoiseach: I will examine the matter. Mr. Naughten: When will the Adoptive Leave Bill and Parental Leave (Amendment) Bill, which have been before the House for the past two years, be enacted? When will we see the legislation to implement the additional maternity leave announced in the budget last week? Will the Taoiseach facilitate the introduction of such legislation at an early date in order that parents who have children prior to 1 March can avail of the measure? An Ceann Comhairle: The Deputy will have an opportunity to debate the issue later on the Social Welfare Bill. Mr. Naughten: The measure is not part of the Social Welfare Bill. The Taoiseach: Both Bills are well advanced and we would like both of them passed. Caoimhghín Ó Caoláin: With regard to Marie Therese O’Loughlin, I join the—— An Ceann Comhairle: Deputy O’Sullivan has raised the matter on the Adjournment. In fairness to the Deputy who raised it, we cannot have a debate on the issue now. Caoimhghín Ó Caoláin: I know the Ceann Comhairle has so ruled but I will say it, as everybody else has done, because I know he treats us all exactly the same. Will the Taoiseach be good enough to reply to the correspondence I issued to him making an appeal on behalf of the lady in question? Given that the Dáil has taken the decision to endorse the position of the Minister for Justice, Equality and Law Reform on his despicable action towards a person outside the House and in contravention—— An Ceann Comhairle: Does the Deputy have a question appropriate to the Order of Business? Caoimhghín Ó Caoláin: ——of all precedents of the House, when does the Taoiseach expect to bring the defamation Bill before the Chamber? The Taoiseach: Early next year. Mr. Crawford: The enforcement of fines Bill was promised a long time ago and still nothing has been done about it. When will the legislation be brought before the House? In light of the ongoing extraordinarily serious problems in the area of health in the Cavan-Monaghan area, will the—— An Ceann Comhairle: Does the Deputy have a question on legislation? Mr. Crawford: Yes, I am coming to it. An Ceann Comhairle: The Deputy will have to come to it because I will move on quickly. Mr. Crawford: If the health Bill were before the House, Deputies would at least have another opportunity to discuss the issue. The Taoiseach: The fines Bill will be taken next year. The heads of the health Bill are expected and the legislation will be published after Christmas. Mr. Stagg: I asked the Taoiseach previously to keep an eye on the broadcasting Bill to ensure it is introduced by the Minister as quickly as possible. When can we expect the Bill? I hope it will be before the House in February. The Taoiseach: It will be taken in the new year. Mr. J. Higgins: Regarding the Tánaiste’s most recent manifestation as a female variety of Scrooge when she called for workers protesting last Friday to be docked their wages, does the Government agree with her position and did she dock her salary when she took time off to open an off-licence down the country last year? An Ceann Comhairle: We will move on to No. 11.  Estimates for Public Services 2005.
Minister for Finance (Mr. Cowen): I move the following Supplementary Estimates: Vote 6 — Office of the Minister for Finance (Supplementary). That a supplementary sum not exceeding €1,000 be granted to defray the charge which will come in course of payment during the year ending on 31 December 2005 for the salaries and expenses of the Office of the Minister for Finance, including the Paymaster-General’s office, for certain services administered by the Office of the Minister and for payment of certain grants and grants-in-aid.
Vote 13 — Chief State Solicitor’s Office (Supplementary). That a supplementary sum not exceeding €2,000,000 be granted to defray the charge which will come in course of payment during the year ending on 31 December 2005 for the salaries and expenses of the Office of the Chief State Solicitor.
Vote 20 — Garda Síochána (Supplementary). That a supplementary sum not exceeding €31,700,000 be granted to defray the charge which will come in course of payment during the year ending on 31 December 2005 for the salaries and expenses of the Garda Síochána, including pensions, etc.; for payments of compensation and other expenses arising out of service to the Local Security Force, for the payment of certain witnesses’ expenses and for payment of grant-in-aid.
Vote 26 — Education and Science (Supplementary). That a supplementary sum not exceeding €51,000,000 be granted to defray the charge which will come in course of payment during the year ending on 31 December 2005 for the salaries and expenses of the Office of the Minister for Education and Science, for certain services administered by that office and for the payment of certain grants and grants-in-aid.
Vote 27 — Department of Community, Rural and Gaeltacht Affairs (Supplementary). That a supplementary sum not exceeding €6,602,000 be granted to defray the charge which will come in course of payment during the year ending on 31 December 2005 for the salaries and expenses of the Office of the Minister for Community, Rural and Gaeltacht Affairs, for certain services administered by that office and for the payment of certain grants.
Vote 30 — Communications, Marine and Natural Resources (Supplementary). That a supplementary sum not exceeding €1,000 be granted to defray the charge which will come in course of payment during the year ending on 31 December 2005 for the salaries and expenses of the Office of the Minister for Communications, Marine and Natural Resources, including certain services administered by that office, and for payment of certain grants and sundry grants-in-aid.
Vote 35 — Arts, Sport and Tourism (Supplementary). That a supplementary sum not exceeding €1,000 be granted to defray the charge which will come in course of payment during the year ending on 31 December 2005 for the salaries and expenses of the Office of the Minister for Arts, Sport and Tourism, including certain services administered by that office, and for payment of certain subsidies, grants and grants-in-aid.
Votes put and agreed to. Chief Executive of Centre for Public Inquiry: Statement by Minister. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am grateful to the Dáil for affording me an opportunity to make a statement to the House. For the information of Members and clarity in proceedings, I am circulating with this statement the reply to the written parliamentary question tabled by Deputy Finian McGrath, the document which was furnished by me to the Irish Independent at its request and published on 26 November last and a transcript of remarks made today on RTE radio by the chairman of the Centre for Public Inquiry. As a Minister, I am answerable to this House and through it to the people. Mr. Broughan: The Minister should resign. Mr. McDowell: As Minister for Justice, Equality and Law Reform, it falls especially to me, along with the Minister for Defence, to safeguard the security of the State and prevent the subversion of our democracy. While I am honoured to hold that position, it is one which is both challenging and demanding, constantly requiring the exercise of good authority in a firm and robust manner. Each of us, as a citizen of Ireland, has rights and duties. Article 9 of the Constitution states that every citizen owes a “fundamental political duty” of “loyalty to the State”. It is in the context of this duty of loyalty that we all can rightly claim to exercise our constitutional rights and freedoms. Under our law, the Provisional IRA is an unlawful organisation because it is a treasonable group which claims that the powers of Government of the Irish people are vested in it and not in the institutions established under our Constitution. Moreover, the IRA has over the years consistently engaged in massive criminality, much of which has been motivated by a desire to build up a vast multi-million euro fund to assist the provisional movement in its quest to obtain political power and a role in the Government of this State. Apart from major criminal activity, which has been documented in the reports of the Independent Monitoring Commission, the provisional movement has in recent years carried out two spectacular fund-raising criminal acts, namely, the €40 million raid on the Northern Bank carried out days after the breakdown of discussions on the full implementation of the Good Friday Agreement last December, and the sale of know-how to the FARC guerrillas in Colombia which was designed to net the provisional movement tens of millions of euro to assist in the provisionals’ bid for political power in Ireland, North and South. As Minister for Justice, Equality and Law Reform, it is my clear duty to prevent and counter this subversive strategy of the provisionals. The fate of Irish democracy in large measure depends upon the capacity of the Government to frustrate the plans of the provisionals to subvert Irish democracy by these unlawful means. The Constitution provides in Article 40.6.1 that: “The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State”. Undoubtedly, the Centre for Public Inquiry, as a body which sought and obtained multi-million euro charitable funds given with the best of motives to be expended for the public good, aspires to be an organ of public opinion, but equally it is one which, in subversive hands, has the capacity to gravely undermine the authority of the State. I regard it as my clear and unequivocal duty to bring into the public domain the central role played in that body by a person whom the Garda is satisfied participated in an important way in the series of visits to Colombia designed to exchange know-how in terrorism and explosives for massive amounts of cash, apparently to be spent on distorting our democratic process. I reject out of hand the pernicious and absurd argument that, as Minister for Justice, Equality and Law Reform, I should apply to myself some self-denying ordinance in respect of disclosing in public adverse information about individuals whose actions threaten to subvert our democracy and Constitution, unless such information can be established beyond reasonable doubt by admissible evidence as part of the criminal justice process. I heard with disbelief this argument being advanced today by someone whom I would have expected to understand fully the constitutional role and duty of the Government to use every lawful means to safeguard our democracy and prevent our constitutional order being subverted. |