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Dáil Éireann debate -
Thursday, 22 Feb 2007

Vol. 632 No. 2

Order of Business.

It is proposed to take No. 18a, motion re referral to joint committee of proposed approval by Dáil Éireann of a proposal that section 17A of the Diseases of Animals Act 1966 shall continue in force for the period ending on 8 March 2008; No. 18b, motion re presentation and circulation of Revised Estimates 2007; No. 24, Health Bill 2006 — Second Stage (resumed); No. 25, European Communities Bill 2006 [Seanad] — Second Stage (resumed) and No. 1, Broadcasting (Amendment) Bill 2006 [Seanad] — Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. tonight and business shall be interrupted at the conclusion of oral questions to the Tánaiste and Minister for Justice, Equality and Law Reform; Nos. 18a and 18b shall be decided without debate and, in the case of No. 18b, any division demanded thereon shall be taken forthwith; the proceedings on the resumed Second Stage of No. 24 shall, if not previously concluded, be brought to a conclusion at 1.30 p.m. today; the proceedings on the resumed Second Stage of No. 25 shall, if not previously concluded, be brought to a conclusion at 2.30 p.m. today; the proceedings on the Second Stage of No. 1 shall, if not previously concluded, be brought to a conclusion at 4.45 p.m. today; that Question Time today shall be taken at 4.45 p.m., or on the conclusion of No. 1, whichever is the later, for 75 minutes and in the event of a private notice question being allowed, it shall be taken after 45 minutes; and the order shall not resume thereafter.

The Dáil shall sit tomorrow at 10.30 a.m. and shall adjourn not later than 2 p.m.; there shall be no Order of Business, that is, within the meaning of Standing Order 26; the taking of any divisions shall be postponed until immediately after the Order of Business on Tuesday, 27 February 2007, and accordingly, the following business shall be transacted: No. 9, Medical Practitioners Bill 2007 — Second Stage and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 2 p.m. on that day.

There are seven proposals to be put to the House.

Will the Tánaiste assure the House that this is the real Order of Business? We were transparently furnished with an Order of Business yesterday that was fraudulent and led to another being put to the House after Private Members' Business when an extremely urgent matter had to be taken with minimum notice. Can we rely on this as the real Order of Business?

This is the real Order of Business. The decision to bring the legislation before the House yesterday evening on an emergency basis was not made until the afternoon. I reject the suggestion fraudulence or sleight of hand was involved.

We do not believe anything anymore.

Is the incinerator project going ahead?

Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with Nos. 18a and 18b without debate agreed? Agreed. Is the proposal for dealing with No. 24 agreed?

This is one of a series of guillotine motions on legislation with which we deal day in, day out during this session. In the last session of the Dáil we did not have enough legislation to keep the House going. It is a measure of the disorganised fashion in which the Government brings legislation before the House. The reason we have Standing Orders for the passing of legislation is to ensure legislation is properly scrutinised when it comes before the House. Standing Orders will be set aside on four occasions today. The daily and regular setting aside of Standing Orders designed and put in place to ensure the House properly and fully scrutinises legislation and call the Executive to account is fraught with the danger that bad legislation will be rushed through the House without proper scrutiny. The rush of guillotine motions before us every morning shows a degree of contempt for this assembly. On that basis, the Labour Party opposes the use of the guillotine on this measure.

Continuing a tradition, we oppose the use of the guillotine on this matter. There should be enough time. We should have extra sittings on other days of the week if required to allow Deputies have a full debate. Extra sittings should also allow for a proper Order of Business and questions to Ministers. The House has gone on too long dealing with matters which are not as urgent as some of the proposals before us. We should have an opportunity to address and speak to them rather than have the debate guillotined in the way the Government now proposes, not only on this matter but also on a number of others during the coming weeks.

Question, "That the proposal for dealing with No. 24 be agreed to," put and declared carried.

Is the proposal for dealing with No. 25 agreed?

I disagree with this proposal because it deals with a vital Bill which was described as purely technical but which proposes to seriously erode the powers of the House in dealing with European directives. It should receive a full airing. The hour provided today is insufficient.

This measure will only be discussed for one hour today. It is extremely important because it proposes to change dramatically the manner in which we transpose EU directives into domestic legislation. Approximately 70% of all legislation which comes through the House is European legislation. The Bill will mean that instead of it being scrutinised in the proper manner it will go to the line Minister who will issue a statutory instrument which will become law. It also includes provisions which carry penalties of imprisonment for up to three years and fines of up to €500,000 for citizens of this country. The line Minister will be responsible solely for amending an EU directive and legislation which should properly be scrutinised and passed by the House. It is extremely bad legislation and a bad precedent to establish. The Bill deserves to have a full and proper examination in the House, not just the subject of a one hour debate today.

I am afraid this legislation leaves the Parliament out of the loop. As such, I find it unacceptable. I find the time given to the legislation is extremely brief, given its gravity and the implications for the House and the general public. For that reason I oppose the use of the guillotine.

I oppose this proposal, first, on the basis that a guillotine is being imposed and, second, because of the import and impact the legislation will have on the House. It is not fully appreciated, not even by those who put together the explanatory memorandum. On that basis, every Deputy in the House should have an opportunity to examine this legislation properly and take part in a debate. I oppose the proposal.

This matter was debated extensively in the House and valuable points were made on all sides. The Government listened carefully to the points made. The Minister of State will respond in the debate. Deputies should await his response.

Question put: "That the proposal for dealing with No. 25 be agreed."
The Dáil divided: Tá, 63; Níl, 48.

  • Ahern, Dermot.
  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Blaney, Niall.
  • Brady, Johnny.
  • Brady, Martin.
  • Browne, John.
  • Callanan, Joe.
  • Callely, Ivor.
  • Carey, Pat.
  • Carty, John.
  • Cassidy, Donie.
  • Collins, Michael.
  • Cooper-Flynn, Beverley.
  • Cowen, Brian.
  • Cregan, John.
  • Curran, John.
  • Dempsey, Tony.
  • Dennehy, John.
  • Devins, Jimmy.
  • Fitzpatrick, Dermot.
  • Fleming, Seán.
  • Glennon, Jim.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Hoctor, Máire.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kirk, Seamus.
  • Kitt, Tom.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • McDowell, Michael.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M. J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Donnell, Liz.
  • O’Flynn, Noel.
  • O’Keeffe, Batt.
  • O’Keeffe, Ned.
  • O’Malley, Fiona.
  • O’Malley, Tim.
  • Parlon, Tom.
  • Roche, Dick.
  • Sexton, Mae.
  • Smith, Brendan.
  • Smith, Michael.
  • Treacy, Noel.
  • Wallace, Mary.
  • Walsh, Joe.
  • Wilkinson, Ollie.
  • Woods, Michael.
  • Wright, G. V.

Níl

  • Allen, Bernard.
  • Boyle, Dan.
  • Breen, James.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Burton, Joan.
  • Connaughton, Paul.
  • Connolly, Paudge.
  • Costello, Joe.
  • Crawford, Seymour.
  • Crowe, Seán.
  • Cuffe, Ciarán.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Durkan, Bernard J.
  • English, Damien.
  • Ferris, Martin.
  • Gilmore, Eamon.
  • Gormley, John.
  • Higgins, Joe.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Kenny, Enda.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McGrath, Finian.
  • McGrath, Paul.
  • McHugh, Paddy.
  • McManus, Liz.
  • Murphy, Catherine.
  • Murphy, Gerard.
  • Neville, Dan.
  • Noonan, Michael.
  • Ó Snodaigh, Aengus.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Perry, John.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Ring, Michael.
  • Ryan, Eamon.
  • Sherlock, Joe.
  • Stagg, Emmet.
  • Stanton, David.
  • Twomey, Liam.
  • Upton, Mary.
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Stagg and Kehoe.
Question declared carried.

Is the proposal for dealing with No. 1, Second Stage of the Broadcasting (Amendment) Bill 2006, agreed to?

This is important legislation and the Opposition agrees that it should be processed quickly, but the length of time provided for the debate on this broadcasting Bill is deplorable, cynical and despicable. I protest the proposed guillotine strongly.

Question, "That the proposal for dealing with No. 1 be agreed to", put and declared carried.

Is the proposal for Question Time agreed to?

Could time be made available or private notice questions entertained in respect of the joint announcement by the Ministers for Justice, Equality and Law Reform and the Environment, Heritage and Local Government that the proposed incinerator at Ringsend will not go ahead?

There was no joint announcement.

The client who has entered into a contract——

The matter will receive consideration.

Is that a "Yes"?

It will receive consideration.

I will take it as a "Yes".

Whether it is "Yes" or "No" will be conveyed to the Deputy in due course.

The rejection notice will receive consideration.

Is the proposal for Question Time agreed to? Agreed. Is No. 7, the proposal for tomorrow's sitting, agreed to?

We must oppose the guillotine on the Medical Practitioners Bill 2007. The events in Our Lady of Lourdes Hospital in 1998 formed the basis of that legislation. The Judge Harding Clark report on the inquiry showed what went wrong in the protection of hospital patients. It is despicable that we are to have a three-hour debate on so important an issue.

The Deputy stated that he would only need five minutes.

As with last night's guillotined legislation, in which regard we are unsure as to whether the Government made a deal with Quinn Direct, I must oppose this guillotine. For the protection of the country's patients, I want a proper discussion on the Bill. We have waited 30 years for the legislation.

Deputies

Hear, hear.

This is probably the most important legislation to be introduced by the Minister for Health and Children and has been awaited for 15 years or 20 years. It is long awaited, but it must not be short debated. It is unacceptable to give such important legislation a miserly amount of time.

Like health spokespersons, most Deputies will have received correspondence expressing concerns about the contents of the legislation. The Bill is concerned with protecting patients against malpractice. The Dr. Neary case was an example of the terrible damage that can be done to innocent people. The Bill is also concerned with how the medical profession will be policed and how clinical standards will be maintained and improved in rapidly changing times. These are fundamental issues of medical practice and it is wrong for the Parliament to speed through legislation without proper scrutiny, particularly when a Minister proposes changes to the Medical Council without justification. She has not explained——

——why a new approach to the Medical Council is being adopted.

The Deputy does not want to live without it.

The Minister interrupts no matter the issue. This is far too important.

(Interruptions).

I am agreeing.

I ask the Minister——

Does the Deputy want a lay majority? What is her position on the matter?

I ask the Minister to listen, not speak.

I have listened.

She has spoken without proper thought and reflection, of which we have seen the result. I know of several instances.

The Deputy is making a Second Stage speech.

The Leas-Cheann Comhairle knows what to do when he is in the Chair.

I also know of a scheme for the building of private hospitals on public grounds that was not given proper thought and reflection. We are seeing the same sloppy approach to legislation.

The Deputy should be brief.

On the Order of Business.

The Minister may be confusing ministerial meddling with democratic accountability.

Deputies

Speech.

If she is not afraid to debate the matter——

The Deputy does not like it.

——she should see the sense of ensuring full scrutiny. Instead, the debate will last three and a half hours on Friday.

On the Order of Business. The Deputy should conclude.

(Interruptions).

That is unacceptable in a Parliament where we have a duty and an obligation to ensure that patients are protected, that we learn from the mistakes of the past——

There is no provision for a long speech.

The Deputy should respect the Chair.

It is a long question.

——and that we face the future in the best possible way. This is not the way to do so.

Deputies

Hear, hear.

I call Deputy Gormley.

Some 15 minutes for this fellow.

And the Minister of State will have 15 minutes. Can I have five minutes?

May I share time with Deputy Gormley?

Take a deep breath.

I will be brief.

Another first.

He will not mention the incinerator either.

It is unacceptable to rush through important legislation that has been promised for many years and, if passed, could stand for another 30 years, a point made to us repeatedly when we receive delegations. Every Deputy has received many representations in respect of this legislation, but the Minister is saying that it is fine to rush the legislation through. If she sat on this side of the House, she would also say that it is unacceptable. I do not understand how we did not have enough legislation with which to deal in the last Dáil. I referred to binge legislation such as this, namely, rushing legislation through. Consequently, the legislation is bad.

This morning, the Minister spoke of how 37% of people used to be privately insured whereas the current figure is 52%. The reason is that people do not have faith in our public service. They will have less faith if we rush through legislation.

Was that brief?

I will be brief. I oppose the proposal because it is not a proper sitting day. If we are to sit on a Friday, there should be an Order of Business and questions to a Minister. It should be a full day.

The Bill is important and has taken a long time to get to this point. When it is on Committee Stage and so on, everyone will be able to participate.

That is not the same thing.

With 90 pages of legislation.

Question put: "That the proposal for tomorrow's sitting be agreed."
The Dáil divided: Tá, 62; Níl, 47.

  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Blaney, Niall.
  • Brady, Johnny.
  • Brady, Martin.
  • Browne, John.
  • Callanan, Joe.
  • Callely, Ivor.
  • Carey, Pat.
  • Carty, John.
  • Cassidy, Donie.
  • Collins, Michael.
  • Cooper-Flynn, Beverley.
  • Cowen, Brian.
  • Cregan, John.
  • Curran, John.
  • Dempsey, Noel.
  • Dempsey, Tony.
  • Dennehy, John.
  • Devins, Jimmy.
  • Fitzpatrick, Dermot.
  • Fleming, Seán.
  • Glennon, Jim.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Hoctor, Máire.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kirk, Seamus.
  • Kitt, Tom.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • McDowell, Michael.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M.J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Donnell, Liz.
  • O’Flynn, Noel.
  • O’Malley, Fiona.
  • O’Malley, Tim.
  • Parlon, Tom.
  • Power, Seán.
  • Roche, Dick.
  • Sexton, Mae.
  • Smith, Brendan.
  • Smith, Michael.
  • Treacy, Noel.
  • Wallace, Mary.
  • Walsh, Joe.
  • Wilkinson, Ollie.
  • Woods, Michael.
  • Wright, G.V.

Níl

  • Allen, Bernard.
  • Boyle, Dan.
  • Breen, James.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Burton, Joan.
  • Connaughton, Paul.
  • Connolly, Paudge.
  • Costello, Joe.
  • Coveney, Simon.
  • Crawford, Seymour.
  • Crowe, Seán.
  • Cuffe, Ciarán.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Durkan, Bernard J.
  • English, Damien.
  • Ferris, Martin.
  • Gilmore, Eamon.
  • Gormley, John.
  • Higgins, Joe.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Kenny, Enda.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McGrath, Finian.
  • McGrath, Paul.
  • McHugh, Paddy.
  • McManus, Liz.
  • Murphy, Catherine.
  • Murphy, Gerard.
  • Neville, Dan.
  • Noonan, Michael.
  • Ó Snodaigh, Aengus.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Perry, John.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Ring, Michael.
  • Sherlock, Joe.
  • Stagg, Emmet.
  • Stanton, David.
  • Twomey, Liam.
  • Upton, Mary.
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Stagg and Kehoe.
Question declared carried.

I suppose we should all be cheered up by the fact the Tánaiste has re-entered the House. I did not see him or any of his colleagues here when the Moriarty tribunal was being discussed by Dáil Éireann. He used the excuse of writing his annual conference speech, but did not refer to the culture of corruption for the past 20 years in that forum either.

One could say that the Tánaiste was involved in every story this week, except for the collapse of the Italian Government.

He might have been involved in that too.

A Deputy

He is working on it.

One cannot be sure.

One cannot be sure, that is true. He is the Minister for Justice, Equality and Law Reform.

I want to raise an issue of serious concern arising from the arrest of an investigative journalist in relation to the reporting of a leaked document, the report by Mr. George Bermingham SC into an issue raised on many occasions in the House by Deputy Rabbitte about Garda activity in respect of the death of Mr. Dean Lyons. With the arrest of this journalist we have moved to a position here where, effectively, there is an authoritarian regime arising from the Garda Act 2005 and the Minister's privacy Bill, which is being pushed through the Oireachtas. I find it somewhat "Irish", to be honest, that when the Fine Gael Party prepared a Private Members' Bill on the CC case, it was leaked to a national newspaper from the Department of Justice, Equality and Law Reform. The Minister for Justice, Equality and Law Reform confirmed he handed a copy of an application form for a passport to a journalist which was removed from a Department of Justice, Equality and Law Reform file. In this case this journalist has been arrested. I would like to know from the Minister for Justice, Equality and Law Reform if this reporter's arrest arose from a complaint made by the Minister or by his Department to the Garda.

Has this any connection with the Order of Business?

This is the Order of Business.

The business of order.

Has the Deputy a question relevant to the Order of Business?

Did the Minister for Justice, Equality and Law Reform know about this arrest before it happened?

This is about law and order.

Third, and most importantly, can the Minister for Justice, Equality and Law Reform confirm whether he had a direct meeting with the journalist in question a number of months ago?

Is there promised legislation on this?

I do not believe there is promised legislation relevant to that, but I want to say this. Yesterday evening I said in this House in answer to a question from Deputy Jim O'Keeffe that I had no hand, act or part in the arrest of anybody yesterday in regard to these matters. I also indicated to him that I had not caused any complaint to be made to the Garda Síochána or requested any person to make a complaint. I said that on the record of this House in response to Deputy Jim O'Keeffe having asked me about these matters.

I was disappointed, therefore, to read in one of today's newspaper an article by Deputy Jim O'Keeffe stating that I had remained silent on the issue and that my fingerprints were all over these matters. On my honour I tell this House that what I said here yesterday was totally true.

I call Deputy Rabbitte.

A Leas-Cheann Comhairle——

We cannot discuss the matter now. I have allowed the Deputy considerable latitude.

I have just one question. Did the Minister for Justice, Equality and Law Reform have a direct meeting with the journalist involved?

I have met Mick McCaffrey whom I like a lot and I think he is a very decent fellow. He is a relative of an officer in my Department and I have met him on a number of occasions. I had no idea on that occasion——

Did the Minister ever give him any files?

——that this was going to happen to him. I like him very much as an individual. He is a decent, hardworking journalist. I have no malice whatsoever against him. I can assure this House that what I said here yesterday and repeated here today is the total unvarnished truth. I am disappointed that an Opposition Deputy——

Hear, hear.

——who asked me about this yesterday, received an assurance from me, would write an article in one of today's newspapers——

He does not go around tearing pages out of files and handing them to journalists.

——saying that my fingerprints were all over this arrest. That is not true.

He does not tear pages out of files and hand them to journalists.

Order please. I call Deputy Rabbitte.

It is dishonourable conduct Deputy.

This episode has been one of the most extraordinary in the history of the Irish criminal justice system that a young man not in control of his senses was caused to confess to a murder he could not have done. As a result of the commission of inquiry report no action has been taken. There have been no disciplinary actions and there are no new disciplinary procedures as promised. The only action that has happened is that a journalist has been arrested for breaking the deadline. He did not inaccurately report the contents of the report. He did not in any way misrepresent it. He merely broke the deadline and accurately reported the findings in that report.

I hear what the Minister is saying but is it not the case that a complaint would have to be made and, as I understand it, that complaint was made in the name of the Minister's Department? Is that not correct? Is the Minister saying to this House, with the full sense of awareness, that his Department would make such a complaint——

And not consult.

——and not consult with you, the Minister? That really does stretch credulity, given his position as Minister and his responsibility as corporate sole.

It is extraordinary that a journalist, as happened in the beef tribunal where the only person against whom action was taken was a journalist, should be sought to be brought before the courts for merely reporting the outcome of a report into one of the most extraordinary incidents that has ever happened in our criminal justice system.

Mugabe would not do it.

No action has been taken of any kind, despite the extraordinary circumstances except that this journalist now is at risk. As I understand it, under the Commissions of Investigation Act, it is an offence to make available the report or any part of the report, which it is alleged was done by a garda in these circumstances, but it is not an offence to receive it. Is this action being taken against the journalist on the basis of the Official Secrets Act or the Commissions of Investigation Act? In any event it is a sad day and it is not sufficient for the Minister to give the pledge that he gave to Deputy Jim O'Keeffe last night in circumstances where it is known and admitted that his Department caused these actions to be taken against the journalist in question.

Before I give the floor to the Tánaiste, I wish to point out that it is a long-standing rule of the Chair that the House is not a court and a Member's disclaimer of the accuracy of a statement attributed to him of a particular action must be accepted in the House, once a Member disclaims it. There is no other way of conducting business. I call the Tánaiste.

The Deputy will be aware that the Commissions of Investigation Act 2004 was passed by this House in order to avoid huge tribunal expenses. One of the elements that is part of the Bill is that instead of having the right of examination, cross-examination and adversarial procedure, the chairman of a commission is obliged to make available any finding to any person likely to be affected by it in draft form before finalising the chairman's report. The law is that the person who receives it is entitled to go back to the chairperson and have it corrected or, if the chairperson refuses to correct it, to apply to the High Court to have it corrected. That is in substitution for the adversarial procedure and panoply that we have in the public tribunals of inquiry. Therefore, it is a very valuable safeguard for the citizen that what is put in a draft report and circulated to everybody who is affected by it, and necessarily third party interests are an issue, should be the subject of confidentiality. This Act was passed by this House three years ago.

Apply that to Mr. Connolly.

Did the Minister apply that to himself?

Yes, three years ago. It was passed by all of us in this House.

The Minister did not apply it to Mr. Connolly.

Part of it was to ensure that people's reputations would not be prematurely compromised——

Mr. Connolly's——

——and that the procedures——

Is this a conversion?

——under the statute would be fully respected. We made it a serious offence to breach the confidentiality of a draft report.

I understand, contrary to what Deputy Rabbitte is saying, that we are not dealing here with a case where somebody had the final report; we are dealing with a case where somebody had a draft, which was submitted to them in confidence with a warning attached that they would commit——

Does the Minister seriously suspect that the Department did this without the Minister's knowledge?

——a serious offence if they disclosed that draft to a third party.

So the Department did know this.

The Minister is defending the Department's action.

So the Minister thinks it is justified.

The Minister is justifying it.

That is the law.

Has the Minister any control over his Department?

If we want tribunals of inquiry in every case——

So they were right.

——we can go down that road——

Answer the question.

——-and we can spend a great deal of money on them. George Birmingham SC conducted this inquiry and did so in a very expeditious way. He rigorously adhered to the letter of the law. In these circumstances it is entirely proper that this House upholds the law and does not criticise it.

Does the Minister seriously ask us to believe that the Department took this action without consulting the Minister's office?

I am saying to the House again that the Secretary General of my Department became aware that it was proposed to publish an article in a newspaper based on a leaked report. The newspaper was warned that it was a criminal offence to publish the material before it published it. The Secretary General in those circumstances decided himself——

Was it without consulting the Minister?

The Minister's fingerprints are all over this.

——when the publication took place that he would make a complaint to members of the Garda Síochána.

Who is in control?

Without reference to the Minister.

He informed me and Mr. Birmingham SC of his intention to do so——

So he did know

——having previously sought from Mr. Birmingham SC, first, whether it was an authorised disclosure because that was a necessary precondition to make such a complaint and, second, whether Mr. Birmingham was of the view there should be an investigation into the leak. All he did was to ask that there should be an investigation by the Garda Síochána.

Who is running the Department?

That was a decision made by him of which I was informed. I was not asked to express a view on the matter.

Oh my God.

So the Tánaiste did know.

It was expressly put to me that it would be inappropriate for me to be the person who made a decision on the matter.

That is not good enough. This is a continuation of institutionalised hypocrisy and double standards at the very heart of the justice establishment for which the Minister has responsibility. It is just like the beef tribunal, with corruption all over the place and virtually the only person called to book was a journalist who brought it into the public domain.

That is not a question on the Order of Business.

Very senior members of the Garda Síochána leak routinely and with impunity to get their side of the story out.

That is not in order.

Ask the family of the late John Carthy of Abbeylara, where the most senior members of the Garda Síochána spun against that unfortunate victim of heavy handedness. The Minister has been busy washing his hands of this affair. He may not do so. Deputy Kenny should send him over some of the hand gel he was touting around the hospitals yesterday.

The Deputy should resume his seat. He is out of order.

The Minister carries responsibility for it and he must answer for the continuation of these double standards.

I object to any Member approaching the Chair in a very aggressive manner.

Hear, hear.

The independence of the Chair should be preserved at all stages and it quite disorderly to approach the Chair in an aggressive manner.

Lest there be any misunderstanding, you are not the Minister for Justice, Equality and Law Reform. Any verbal aggression was directed towards him.

The Chair is the sole judge in calling Members to speak.

If you interpreted my actions as aggressive, please be assured that they were not. I was surprised that I was not called next, that is all.

I accept the Deputy's assurance.

The Minister's position is becoming weaker by the minute. Is he aware that people see his position as entirely hypocritical? He was the person who leaked information about a journalist to another journalist. This journalist was a citizen. The Minister talks about protecting the rights of citizens, but what about the rights of Mr. Frank Connolly? Is he a citizen? Should he have been protected in the same way as other citizens?

The Minister claims to like this particular journalist, but I do not know. I do know that the Minister has explained to the House that it was the call of the Secretary General, and then Mr. Birmingham. Who calls the shots in this Department? Does the buck stop with the Minister? Was it the case that he did not want to know because it was too sensitive? If Watergate had happened in this country, Bernstein and Woodward might have been arrested. There is a whiff of dictatorship coming from the benches opposite. I regret I must say that, but this is a serious matter. When journalists are being arrested in a democracy, we must all sit up and take notice. The Minister has a lot of explaining to do. I want him to explain in detail, because he will not get out of this one so easily.

I have told the truth to the House in unvarnished and very simple terms.

He did not.

Let him finish.

(Interruptions).

I remind the House that the Health Bill must conclude by 1.30 p.m.

I have told the House the truth. If politics in Dublin South-East become so vindictive that the truth can be ignored and allegations are thrown around the House, then that is sad.

It is about the Minister's accountability. He had knowledge and he chose not to act.

I have told the House the unvarnished truth. I had no hand, act or part in the arrest of those men. I did not request anyone to make a complaint. I was informed by the Secretary General of my Department that he proposed to make a complaint.

The Minister is like Pontius Pilate.

He expressed to me the view that it was inappropriate for me to be involved in the matter and that he himself would make this complaint.

Who is in charge?

That is the plain, unvarnished truth. It may not suit people's agendas.

The Minister is too friendly with him.

The Minister is not fit for——

Nonsense. It was good management.

Can I finish please? I want to be accountable to this House. I have told the truth to this House on my honour. It is not spun or varied in any way. I am asking the House to accept my word that what I have outlined is a true and fair picture of what happened. In no way was I the moving party in the making of this complaint.

It was the Secretary General.

Deputy Jim O'Keeffe, who has just come in, heard me say this last night. He wrote an article in today's newspaper saying that my fingerprints were all over this arrest. This is wholly untrue.

He was dead right.

It was a good article.

Politics in this country has enough critics, but it does not need to be damaged by people making vindictive attacks from within.

I stand over every word.

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