Vol. 536 No. 5
65 Ms McManus asked the Minister for Health and Children the progress made to date by the Cabinet sub-committee dealing with the report of the All-Party Committee on the Constitution regarding abortion; if, in particular, plans have been agreed for the major campaign to prevent unwanted pregnancies; and if he will make a statement on the matter. [14820/01]
The Cabinet committee is considering the fifth progress report of the All-Party Oireachtas Committee on the Constitution, dealing with the issue of abortion. It is not possible at this stage to indicate a timescale for the completion of the committee's work.
The all-party committee's proposals regarding crisis pregnancies are also being examined. While in principle the Government is committed to an approach along the lines set out in the report, considerable preparatory work will need to be undertaken before a plan such as that proposed can be put in place. Work is under way in my Department on appropriate arrangements for the establishment of an agency such as that proposed by the all-party committee. It would be the task of this agency, when established, to prepare a national plan to combat crisis pregnancy and oversee its implementation.
The Minister indicated he is well disposed towards an agency, which is progress of a sort. Has the other part of the grand project been agreed, that is, whether the Government should proceed with an unnecessary referendum on abortion? Does the Minister have a view on this? What progress has been made? Are there differing views among the members of the Cabinet sub-committee? The junior partner in Government has publicly stated it does not wish to see a divisive referendum. What progress has been made in reaching a consensus?
The Taoiseach stated from the outset that he was anxious that a consensus approach would be developed on this entire issue. Regarding the agency, we have prepared a statutory instrument under the Health (Corporate Bodies) Act, 1961, on which I am seeking further legal advice. That is the proposed legal framework we intend to adopt in terms of a crisis pregnancy agency.
What about legislation?
That is legislation. We are empowered—
Is that all?
The agency will be similar to the Food Safety Authority in terms of its legislative, statutory footing. The advice we have received is that it would be quicker to proceed in this way to get such an agency up and running rather than by way of primary legislation on the issue but it will be statutorily sound and so on. We are seeking further legal advice on the matter from the Attorney General.
With regard to the substantive issue, the sub-committee is comprised of representatives of both partners in Government. We are proceeding on an agreed basis and making progress. We are working on the options presented in the concluding chapter of the all-party committee's report. We are examining them but have reached no definitive conclusions on the substantive issues. However, we are focusing on the options, particularly option 3.
The Minister stated the Taoiseach was anxious to hold a referendum. He seems to be experiencing a patient form of anxiety. I seek clarification on the statutory instrument. Will the Minister guarantee there will be a debate in the House before it is passed? If primary legislation is not introduced, presumably it will be possible for him to avoid an important debate on the matter by proceeding solely by way of an SI approach.
I guarantee there will be a debate on the issue, particularly regarding the creation of a statutory instrument. The committee, having examined the matter, views this as the most effective and efficient way of proceeding but there will be a debate in the House on the issue, which my Department will sponsor.
On a point of order, I protest that 12 of our questions were disallowed because of the Private Members' motion.
The Deputy cannot protest about the implementation of Standing Orders. If he wishes to change the Standing Order, he should raise the matter with the sub-committee of the House responsible but to protest about the implementation of Standing Orders is ridiculous.
Sir, I think you should reflect on your words. My questions were tabled before the Private Members' motion was published.
It is a long-standing practice.
To have questions disallowed it is an easy device to table a motion of that kind, not that that was the purpose of the motion, but 12 Fine Gael questions were disallowed.
I know but it is in accordance with long-standing practice. I regret having to do it but I have no option. The Chair is subject to Standing Orders.
Deputy Mitchell has no option but to protest.
The Members make the Standing Orders and they give them to the Chair. The Chair has to—
I protest.
The Members have an option. They have an option to change the rule. The Chair has no option.
We will have to change the rules of this House.
