Dáil Éireann díospóireacht -
Thursday, 6 Oct 2005

Vol. 607 No. 1

Order of Business.

The Tánaiste

It is proposed to take No. 16, motion re proposed approval by Dáil Éireann for a decision of the European Parliament and of the Council establishing for the period 2007-20 the specific programme ‘Civil Justice' as part of the general programme ‘Fundamental Rights and Justice'; and No. 16a. motion re “The Secure America and Orderly Immigration Act”; No. 23, Criminal Justice Bill 2004 — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that No. 16 shall be decided without debate; the proceedings on No. 16a. shall, if not previously concluded, be brought to a conclusion after two hours and the following arrangements shall apply: the speeches of the Minister for Foreign Affairs and of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case; the speech of each other Member called upon shall not exceed 15 minutes in each case; Members may share time; a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.

An Leas-Cheann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with No.16, motion of referral to joint committee re civil justice programme and motion re membership of committee agreed?

Ms McManus

We feel we cannot agree to this or any other part of the Order of Business until we have a commitment from the Tánaiste regarding a very important matter to be dealt with today by the Health Service Executive.

Mr. M. Ahern

The Deputy did not proclaim her interest this morning.

Mr. Howlin

What was that?

Ms McManus

I am sorry, but the Minister of State has made a charge and my good name is being impugned.

Mr. Howlin

He should stand up and withdraw it.

Ms McManus

I ask him to withdraw it now.

Mr. M. Ahern

I withdraw nothing.

Ms McManus

The Minister of State said that I did not declare my interest this morning on the radio. That is impugning my good name and I ask him to withdraw that charge now.

Mr. English

He should stand up and explain himself.

Mr. M. Ahern

I withdraw my remarks.

Ms McManus

I thank the Minister of State for withdrawing the charge. Will the Tánaiste agree to come into the House so that we can debate the issue surrounding the money wasted on two computer systems in the health service? The decision to be made today will have great significance in the management of the health service and we need to debate it in this Parliament. If it is not possible to debate the issue today, we should ensure that we have this debate at the very earliest opportunity next week. I ask the Tánaiste to agree to that provision so that we can ensure this matter is dealt with in the appropriate way.

Mr. Sargent

I second that request and Members will be aware that I asked for that debate under Standing Order 31. In ensuring that we learn lessons from what has happened, I ask the Government to facilitate such a debate.

Aengus Ó Snodaigh

I oppose the procedure followed for the motion regarding the civil justice programme, as it is without debate. This is one of a number of motions relating to justice and home affairs that have been processed without debate in this House. This motion is only a small part of The Hague programme and the Minister admitted in committee that The Hague programme had to be revisited because it was tied to the adoption of the EU Constitution. Therefore, we are passing a motion that has been overtaken by events and we should put it on hold. The Hague programme frontloads contentious measures including judicial and police co-operation without regard for the great differences between member states on the issue of human rights protection. I urge that this motion be put on hold and that we have a proper debate on The Hague programme as I requested several times in the past year.

Mr. Boyle

On a point of order, regarding No. 16, I wish to record that this is the second time this week that a motion has come back from committee to this House without a previous report being supplied to the Whips, as has been the agreed protocol. I would like an explanationfrom the Government as to why that is not happening.

The Tánaiste

This matter went to the committee where it was fully discussed. In response to Deputy McManus, we have had a debate for the past two evenings on PPARS and other issues.

Ms Burton

It was about overspending in general.

The Tánaiste

I am sorry but, as the Deputy knows, this issue was extensively dealt with. The board of the Health Service Executive will make decisions this morning. It is a matter for it and I am sure, in due course, the House will be in a position to raise this issue again.

An Leas-Cheann Comhairle

I will put the question.

Ms McManus

I want to point out to the Tánaiste that we are talking about today's decision.

An Leas-Cheann Comhairle

The Deputy cannot speak twice on the same motion.

Ms McManus

I appreciate that but we could not debate a decision being made today over the past 48 hours. I am talking about a debate flowing from a decision that will be made by the HSE today. The Government is again avoiding responsibility by refusing my request.

An Leas-Cheann Comhairle

Is the proposal for dealing with No. 16 agreed? Agreed. Is the proposal for dealing with No. 16a, motion re “The Secure America and Orderly Immigration Act”, agreed?

Mr. Stagg

There is wide support on the proposal as it is presented to the House. Before we agree to it I would like an assurance that the Government would ensure that similar and equivalent measures that we are seeking for Irish citizens in America who are on the run would be introduced here for non-nationals in Ireland, including American citizens who are on the run from the authorities because they do not have work permits.

Mr. Boyle

I would be supportive of that but I would also like to amend the Order of Business as it relates to this item. Speaking slots of 15 minute have been proposed after the opening speakers. I propose that the subsequent slots would be of ten minutes' duration because the cycle that is proposed would preclude the Technical Group from receiving a second speaking slot. On that ground I would ask the Government to be prepared to change the Order of Business.

Mr. M. Higgins

We would support that.

The Tánaiste

I would be happy to accede to that if the House is in agreement.

An Leas-Cheann Comhairle

Is the proposal agreed to? Agreed.

Mr. Stagg

Can I have some response to my question from the Tánaiste?

The Tánaiste

We can deal with that during the debate.

Mr. Stagg

We are not dealing with it in the debate as it is not covered in the debate.

The Tánaiste

I am sure the Deputy can raise it in the debate with the relevant Minister.

Mr. Howlin

And he can ignore it again.

Mr. Kenny

I congratulate the Leas-Cheann Comhairle. I understand that on Tuesday he marked the anniversary of his 44th year of election to this House. We do not see that very often these days. He is looking fit and well on it.

Deputies

Hear, hear.

Mr. Kenny

Regarding three areas where there has clearly been serious wastage of public money, PPARS at a cost €150 million, electronic voting at a cost €60 million and the e-lab project at a cost of €35 million, making a total of almost €250 million, can the Tánaiste confirm if the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, is speaking for the Government when he says the amount of money misspent is relatively very small? Is that view shared by the Government, or does collective responsibility apply to comments made by Ministers in that regard?

Mr. N. Dempsey

It is 1%. To what legislation does the 1% relate?

Mr. Kenny

It is the legislation governing the competence of Government. It has been promised a great deal outside.

Mr. N. Dempsey

Is legislation proposed in this area? We are speaking about 1%.

Ms O. Mitchell

Stop digging, Noel.

Mr. M. Ahern

The Opposition have one-track minds at the moment.

Mr. Kenny

The Minister said it was relatively very small. If he were to say that to the people in Mullingar who are waiting seven years for €10 million to finish off their hospital, they would give him his answer fairly fast.

Mr. N. Dempsey

Is Deputy Kenny in favour of sacking civil servants like Deputy Durkan suggested yesterday?

Mr. Kenny

Will the Tánaiste give the House an update on a report referred to in today's newspaper regarding an investigation into a £13 million portfolio of property owned by the IRA in Manchester, and whether this has anything to do with the Northern Bank raid?

Given the Tánaiste's confirmation that excessive charges were paid to consultants in the PPARS project and the serious revelations that have now come to light, I have been contacted by a number of people about other projects.

Mr. N. Dempsey

To what legislation does this refer?

Mr. Kenny

I suggest to the Tánaiste that perhaps the Government should have the Department of Finance carry out a review of all information technology projects that have been conducted by agencies similar to PPARS. There is legitimate concern about a number of other projects.

Mr. McCormack

She should have a look at the voting machines to see if they have gone rusty.

An Leas-Cheann Comhairle

The questions must relate to promised legislation.

Mr. Kenny

I did congratulate the Leas-Cheann Comhairle on the anniversary of his election.

An Leas-Cheann Comhairle

That is not related either to promised legislation.

Mr. Allen

They have money to burn and they are burning it.

Mr. Quinn

Likewise, I congratulate the Leas-Cheann Comhairle. On promised legislation, the House has been promised by the Government over the past three years that the building control Bill will be introduced in this session. It is now promised for this session. Can the Tánaiste indicate whether it has been passed by Cabinet?

The Tánaiste

I join Deputy Kenny and Deputy Quinn in congratulating the Leas-Cheann Comhairle on serving 44 years. I wish him many more years in Leinster House, if that is what he wishes. It does prove that politics is not necessarily bad for our health.

I wish to clarify something as I have been asked to do so by the staff involved. Deputy Kenny referred yesterday to a party that cost €40,000. That party was paid for by the staff involved. They have asked me to clarify that.

A Deputy

Wrong again.

Mr. Stagg

Was this the Deloitte & Touche party?

Mr. Durkan

What were they celebrating?

Mr. Connaughton

It must have been a big party.

The Tánaiste

It was their Christmas party. Furthermore, they say that was clear from the details that were submitted to Deputy Kenny and which were obtained under the freedom of information legislation.

The building control Bill has not yet been cleared by Cabinet but it is the intention to have it this session.

Mr. Allen

Will the Tánaiste indicate when we will have a debate in the House on the UN summit that was held last month? We must discuss issues such as the failure of the countries involved to deal with the non-proliferation of nuclear weapons.

An Leas-Cheann Comhairle

The Deputy should conclude.

Mr. Allen

It is important that we would have a debate in the House on the summit.

The Tánaiste

That is a good idea and it should be discussed with the Whips.

Mr. Sargent

On behalf of the Green Party I join the congratulations to the Leas-Cheann Comhairle on his 44 years in the House and I wish him many more.

Given the CMOD meeting on 1 June at which consultants were regarded as having produced work mirroring the work of other consultants, it is important that we would look at the Ministers and Secretaries Act and perhaps include training in computers for Ministers so that consultants are not able to pull the wool over their eyes and, as a result, charge exorbitant fees beyond what is needed. Technology must be brought into the legislation so there is an awareness that we will not be throwing away a great deal of taxpayers' money on the basis of lack of expertise among Ministers. Can the Ministers and Secretaries legislation be amended in that regard?

Mr. O’Donoghue

A crash course.

Mr. Sargent

I was talking to student nurses yesterday, all of whom are going abroad. In terms of the nurses (amendment) Bill, is there a way we can encourage nurses trained in this country to stay here? We need them.

The Tánaiste

We will have legislation on nurses in the House next year. As Deputy Sargent is aware, the vast majority of nurses educated here remain here.

Ms Shortall

On promised legislation, I wish to ask about the long-standing promise to introduce random breath testing for motorists, which is a target in the current road safety strategy. Unfortunately there does not seem to be a reference to it in the programme for legislation. Will the Tánaiste outline the Government's intentions in this regard? Does it propose to introduce random breath testing? Why is there no reference to relevant legislation in the current programme?

The Tánaiste

I am sure random breath testing would be covered by an intoxicating liquor Bill or a transport Bill. I do not see any legislation promised in that area.

An Leas-Cheann Comhairle

I call on Deputy Durkan.

Ms Shortall

I asked the Tánaiste her intention in that regard. This has been recommended for umpteen years by everybody involved in road safety.

Mr. N. Dempsey

The Deputy should table a question.

Ms Shortall

The Tánaiste has given a commitment to introduce legislation to provide for it. What does she now intend to do in respect of random breath testing?

The Tánaiste

The Deputy should table a question to the line Minister who has responsibility in this area.

Ms Shortall

I am asking the Tánaiste whether she intends to fulfil the promise she has made to introduce random breath testing.

The Tánaiste

I personally did not make a promise on this matter.

Ms Shortall

The Government has done so on a number of occasions. Is it the Tánaiste's intention to introduce random breath testing?

An Leas-Cheann Comhairle

The Deputy should table a question.

The Tánaiste

The Deputy should put down a question. There is no legislation on the list before me.

Ms Shortall

I am asking whether the Government intends to introduce random breath testing.

Mr. N. Dempsey

The Deputy is out of order.

An Leas-Cheann Comhairle

Is it promised?

The Tánaiste

No.

Ms Shortall

Is that a "No"?

Mr. Stagg

It is promised.

Mr. Durkan

It should be.

Ms Shortall

Is the Tánaiste saying she will not introduce it?

Mr. Connaughton

They do not know whether it is or not.

Ms Burton

Why does the Tánaiste not hire a consultant to tell her what position she should take?

An Leas-Cheann Comhairle

I call on Deputy Durkan.

Ms Shortall

Has the Tánaiste no intention of introducing it?

Mr. Quinn

The Tánaiste should give a random answer.

Ms Shortall

Has the Tánaiste no intention of introducing it?

The Tánaiste

I have answered the Deputy's question. There is no promised legislation on the programme, as the Deputy knows.

An Leas-Cheann Comhairle

I call on Deputy Durkan.

The Tánaiste

It is a matter for the Deputy to pursue with the line Minister. I will not speculate on what might occur.

Ms Shortall

I am asking whether the Government intends to introduce random breath testing.

The Tánaiste

The Deputy should table a question to the line Minister.

An Leas-Cheann Comhairle

The Deputy should pursue the matter by way of a parliamentary question.

Mr. Durkan

Let me refer to two promised Bills. In view of the concerns expressed by some members of the Government, would it be possible to rush the broadcasting authority Bill into the House so we could all discuss the issue in question as soon as possible? In view of the Government's litany of overspending and miscalculations, would it not be timely to mark its progress to date by introducing the national monuments Bill? It would allow us to mark the occasion suitably as a milestone to inefficiency, incompetence and bungling.

Mr. T. O’Malley

The Deputy would get a fairly good nomination.

An Leas-Cheann Comhairle

The Tánaiste, on the promised legislation.

Mr. Durkan

The Deputy could get a fairly good nomination himself from time to time.

The Tánaiste

Deputy Durkan is a bit of a national monument himself. Both Bills will be introduced next year.

Mr. Durkan

The Tánaiste must be first in the queue.

The Tánaiste

Maybe.

Mr. J. Higgins

They are looking for a few monuments in Parlon country to make up for the civil servants who have not yet arrived.

Mr. Durkan

John Wayne.

Mr. J. Higgins

Is the Tánaiste, as Minister for Health and Children, happy that the Government has capitulated abjectly to the major alcohol producers in not proceeding with the legislation to ban or curb advertising which glamorises alcohol? Does she have the same confidence in the multinational firms that control alcohol as the Taoiseach when he says the firms themselves are now policing this advertising? Alternatively, would she not agree with me that it is a case of expecting the fox to restrain itself when fat chickens come into view? If the Tánaiste takes seriously her responsibility as Minister for Health and Children, will she put forward the relevant legislation again?

The Tánaiste

We are to pursue the voluntary code in the first instance. Deputy Joe Higgins should note that there are more issues associated with drink culture than advertising alone. In the United States during prohibition years, it is a fact that there was more drinking than there was at other times.

Mr. Durkan

That is not true.

Mr. Connaughton

That was a long time ago.

Mr. J. Higgins

How long will the Tánaiste give them?

Mr. M. Higgins

I am sure we have already had an opportunity in the parliamentary Labour Party to wish the Leas-Cheann Comhairle warm congratulations on his achieving 44 years in this House.

On today's Order of Business, we are informed that questions to the Minister for Foreign Affairs are scheduled for this afternoon. Will the Leas-Cheann Comhairle offer me guidance on a very important matter in this regard? A practice has grown in which parliamentary questions are transferred arbitrarily from one Minister to another without consultation with the spokespersons or the Office of the Ceann Comhairle. Today I tabled a question on the ratification of the United Nations Convention against Corruption and compliance therewith, which is a specific function on the Minister for Foreign Affairs. The preparation of the domestic legislation would be a matter for the Minister for Justice, Equality and Law Reform after ratification, which I understand has not happened. The question has been transferred by the Department of Foreign Affairs to the Department of Justice, Equality and Law Reform without consultation with me, who tabled the question as a priority question today.

This practice is happening not only in respect of questions to the Minister for Foreign Affairs today but also in respect of other questions. The Office of the Ceann Comhairle is supposed to protect the Order of Business, put through the process of this House. Ministers and their Department officials are consulting one another and arbitrarily transferring questions, as today. It is absurd. My question on ratification today refers to the fact that the United Nations Convention against Corruption needs four or five signatures to become a legal instrument internationally. That is the function of the Department of Foreign Affairs. Canvassing for support of the convention is a function of our ambassador to the United Nations. It is only in the event of its having been made a legal instrument that its transfer into domestic legislation arises.

What will the office of the Ceann Comhairle do to ensure some respect for Deputies and spokespersons who go to the trouble of tabling questions? They should reasonably expect that they will be answered by the correct Minister. A few minutes ago, the Tánaiste advised a Deputy to table a question to the line Minister. However, questions have been put to line Ministers and they have been outrageously and improperly transferred to colleagues. What will the Leas-Cheann Comhairle do to ensure there is respect for this House?

An Leas-Cheann Comhairle

The Chair has absolutely no function in this matter.

Mr. M. Higgins

I am afraid he does.

An Leas-Cheann Comhairle

The Chair has no function.

Mr. M. Higgins

The Chair is in the House longer than I am but I am afraid he is wrong. He does have a function.

An Leas-Cheann Comhairle

The Chair has no function in the transfer of questions. It is a matter between the relevant Departments.

Mr. M. Higgins

Will the Chair place the issue as an item to be dealt with by the Committee on Procedure and Privileges? It is an abuse of the House.

An Leas-Cheann Comhairle

I suggest that the Deputy should consult the Office of the Ceann Comhairle. However, the Chair has no function and never has had a function in this matter.

Mr. M. Higgins

The Office of the Ceann Comhairle has a function in respecting the ordering of business and the right of spokespersons to have questions placed on the Order Paper. There is no point in advising Members to contact the Office of the Ceann Comhairle. I am asking from the floor of this House for respect for the procedures of this House. That is what is at stake. No Minister has the right——

An Leas-Cheann Comhairle

There is no provision in Standing Orders——

Mr. M. Higgins

I have been a Minister, a member of Cabinet, but I would not have tried to engage in the racket of transferring questions arbitrarily.

Mr. N. Dempsey

The Deputy should have a bit of respect for the Chair.

Mr. M. Higgins

Deputy Noel Dempsey would not want to provoke me, given my memories of him when I was a Minister.

An Leas-Cheann Comhairle

There is no provision in Standing Orders for the Chair to have any function in this matter.

Mr. N. Dempsey

Deputy Michael Higgins is very easy to provoke.

Mr. M. Higgins

It would be very easy, yes. The Deputy was not so forthcoming then.

Mr. N. Dempsey

He should calm down.

An Leas-Cheann Comhairle

It is a matter between the Departments. I suggest to Deputy Michael Higgins that he consult the Office of the Ceann Comhairle.

Mr. M. Higgins

I am asking the Chair to place this matter on the agenda of the Committee on Procedure and Privileges as a potential and continuing abuse of the procedures of this House.

Mr. Stagg

Hear, hear.

An Leas-Cheann Comhairle

The Deputy should get the representative of his party to ask for it to be included on the agenda.

Mr. M. Higgins

That is the step I can take. The Chair has a step to take as well.

An Leas-Cheann Comhairle

Let me repeat that the Chair has no function in relation to the matter.

Mr. Allen

On a related matter, which I raised yesterday, it is important——

An Leas-Cheann Comhairle

We cannot have a discussion on it.

Mr. Howlin

If the Leas-Cheann Comhairle knew the scale of the problem, he would believe it to be important.

Mr. Allen

It is important as it affects the rights of Members of this House.

An Leas-Cheann Comhairle

In that case, it should be raised in an orderly manner.

Mr. Allen

I hope I am being orderly. If the Chair listens to what I have to say, I am sure he will agree.

An Leas-Cheann Comhairle

It should not be the same subject. It does not arise on the Order of Business.

Mr. Allen

It does.

Mr. M. Higgins

It does.

Mr. Allen

It is similar to the point made by Deputy Michael Higgins——

An Leas-Cheann Comhairle

The Chair has ruled. It does not arise on the Order of Business.

Mr. Allen

Can I just explain it? I submitted a question to the Minister for Justice, Equality and Law Reform on 29 August for written reply on the first day of this session. I received a reply to the effect that the information could not be compiled in the time allowed and that I would receive a letter subsequently. The Minister had one month to prepare a reply but I have not yet received the information I sought.

An Leas-Cheann Comhairle

Again, the Chair has absolutely no function.

Mr. Allen

That is an abuse of the rights of the Members of this House. The question related to the expenditure of taxpayers' money in respect of refugee centres.

An Leas-Cheann Comhairle

The Chair has no function in regard to this matter.

Mr. Allen

I should get the information I sought. The matter should be raised by the Chair as a matter for the Committee on Procedure and Privileges.

An Leas-Cheann Comhairle

Is there any other matter on the Order of Business?

Mr. Allen

Ministers are acting in an arrogant, dismissive way.

An Leas-Cheann Comhairle

We cannot have a discussion on this matter now. We must proceed to the next item.

Mr. Allen

It must not be tolerated. I have been treated in a dismissive, arrogant way.

An Leas-Cheann Comhairle

It is out of order on the Order of Business.

Mr. Allen

I asked the question on 29 August and I have yet to receive the information I sought.

An Leas-Cheann Comhairle

It has been suggested that the matter be——

Mr. Howlin

It is important that we at least understand the scale of this issue.

Mr. Durkan

Correct.

Mr. Howlin

Last week I submitted a question for oral answer to the Minister for Enterprise, Trade and Employment. It was a general question on insurance but it was transferred to the Minister for Transport——

Mr. Durkan

That is the same thing.

Mr. Howlin

——who patently cannot answer a question on insurance, except on one narrow section of the insurance industry. The Office of the Ceann Comhairle agreed it was absurd, as did the General Office. The question has disappeared and nobody will answer it.

An Leas-Cheann Comhairle

Will the Deputy ask a question?

Mr. Howlin

The Ministers are allowed do this. We do not have a function to keep them accountable. We have established tribunals because of the lack of answers to questions in this House.

Mr. D. Ahern

Deputy Howlin obviously forgot what it was like to be a Minister.

Mr. Stagg

The Minister for Health and Children has seemingly made a new ruling in her Department, so she will not answer any parliamentary questions. They are all referred to a quango that she has set up outside.

An Leas-Cheann Comhairle

These questions do not arise.

Mr. D. Ahern

Deputy Stagg assumes it did not happen in his time.

Mr. Durkan

Members of the Government should laugh while they can. They will not do so for much longer.

Mr. Allen

On a point of order, it is not good enough for Ministers to laugh at these contributions. It shows their arrogance and dismissive attitude.

Mr. N. Dempsey

Sit down.

Mr. Allen

The public will make them pay for their arrogance and pigheadedness. The Minister, Deputy Dempsey was a disgrace on the radio yesterday. They are wasting taxpayers' money. He said that €65 million of taxpayers money was unimportant.

An Leas-Cheann Comhairle

Deputy O'Donnell on the Order of Business. Deputy Allen should resume his seat.

Mr. Allen

Members of the Government will laugh on the other sides of their faces.

Mr. Durkan

It is small change to the Minister because it is not his money.

Mr. Connaughton

The heat is getting to Members of the Government.

An Leas-Cheann Comhairle

Order, please. Deputy O'Donnell on the Order of Business.

Ms O’Donnell

I support the points made by Opposition Deputies on the fundamental matter of the transfer of questions without consultation or reason.

Mr. Durkan

Hear, hear.

Ms O’Donnell

The question Deputy Higgins tabled, as outlined by him today, is a matter for the Minister for Foreign Affairs. This issue of the United Nations Convention against Corruption is central to the furtherance of our development programme in overseas countries, a programme which has been recently expanded, and this House is concerned about corruption. This issue has been raised domestically and internationally as contingent and relevant to the expansion of our programme which will amount to €1.5 billion when it reaches its full capacity of 0.7%. It is a matter for urgent debate in this House. It is fundamentally a matter for the Minister for Foreign Affairs. In domestic terms, when the convention is due to be implemented by legislation, it is a matter for the Department of Justice, Equality and Law Reform but, in terms of debate and legitimate questioning of the Minister for Foreign Affairs, it is a matter for that Minister.

On the second matter——

An Leas-Cheann Comhairle

On the Order of Business.

Ms O’Donnell

It is on the Order of Business. I rarely make an intervention in this regard but I have sympathy with the points raised. The parliamentary question is the fundamental vehicle for holding the Government of the day to account.

Mr. Durkan

Hear, hear.

Ms O’Donnell

That is a matter for this House. Deputies on this side have an equal interest in holding the Executive to account.

Deputies

Hear, hear.

Ms O’Donnell

It is our function and I support the points that have been made by Deputy Higgins.

Mr. Durkan

Laugh now.

Mr. D. Ahern

We know Deputy Durkan has never been in Government. He has no experience.

Mr. Durkan

Step up to the table and answer the question.

Mr. M. Higgins

On a point of order, will my question be restored to the Order Paper? I am grateful to Deputy O'Donnell for her support.

An Leas-Cheann Comhairle

The Chair has no function in that regard.

Mr. M. Higgins

Will the question I tabled properly as a priority question be restored to the Order Paper for answer this afternoon?

An Leas-Cheann Comhairle

The Chair has no authority to do so.

Mr. Durkan

The Minister for Foreign affairs is here.

Mr. Allen

On a point of order, will the Chair investigate the situation wherein I cannot get information sought through a parliamentary question?

An Leas-Cheann Comhairle

The Deputy should go to the Ceann Comhairle's office.

Mr. Allen

I raised the matter yesterday. I was told I could raise it on the adjournment. I was refused the adjournment. That is the answer I received yesterday.

Mr. Quinn

This question could be resolved in a system of shared democracy in this House by the Minister for Foreign Affairs, who happens by coincidence to be present. There is quite a time difference between the present and when the questions are due to be answered. I formally ask the Minister for Foreign affairs whether he will answer the question that was put to him in the first instance.

Mr. D. Ahern

No, I will not. I am informed that it is a matter for the Department of Justice, Equality and Law Reform.

Mr. M. Higgins

I am informed that the Minister's information is incorrect. It is a matter for the Department of Justice, Equality and Law Reform if it has been ratified and has become an international instrument. It is not a matter for that Department ——

An Leas-Cheann Comhairle

The matter cannot be debated any further.

Mr. M. Higgins

The question dealt with ratification and canvassing of support for ratification to enable it. The one word that the Minister's Department is using is "implementation".

An Leas-Cheann Comhairle

The matter cannot be discussed further.

Mr. M. Higgins

Implementation is relevant when it is an international legal instrument.

Mr. Quinn

The House should mark this day. A new point in arrogance has been reached.

Mr. Durkan

On a point of order and in support, I had the same experience as Deputy Howlin with regard to the same question. The Leas-Cheann Comhairle has a function. I am aware he is reluctant to use it.

An Leas-Cheann Comhairle

The Chair has no function in the matter.

Mr. Durkan

If a Minister or anybody treats the House with contempt, action can be taken.

An Leas-Cheann Comhairle

By putting down a substantive motion.

Mr. Durkan

The time has come when action should be taken against Ministers who refuse or avoid answering parliamentary questions, which is their responsibility. I ask the Leas-Cheann Comhairle to do that.

An Leas-Cheann Comhairle

Members have the right to put down a substantive motion to deal with the matter.

Mr. Durkan

We may have to do that.

Ms McManus

I have been waiting for a while to speak.

An Leas-Cheann Comhairle

That is not the Chair's fault.

Ms McManus

I did not say it was. I congratulate the Leas-Cheann Comhairle and thank him for the impartiality and fairness he shows to all Members when he is in the Chair.

That is much appreciated. It is quite shameful that the Minister is refusing to take a legitimate question.

Mr. N. Dempsey

Are we on the Order of Business?

Ms McManus

It is not a matter that we intend to let lie. It is a great pity, considering that requests are coming from both sides of the House, that he would do so and that the Tánaiste appears paralysed in terms of determining this matter. Last night, the Tánaiste said the amount of money going to consultants was excessive. When it comes to awarding contracts to consultants, does the Government pay any attention——

An Leas-Cheann Comhairle

This has nothing to do with the Order of Business.

Ms McManus

Legislation will be required to address the matter. With regard to Deloitte & Touche, is the Tánaiste aware that this company was censured by its own professional institute, the Institute for Chartered Accountants, consequent to the McCracken tribunal——

An Leas-Cheann Comhairle

I ask the Deputy to put a question.

Ms McManus

——where it was found to have been remiss in its activities? Surely that is a matter the Government should take into account when awarding contracts to consultants.

An Leas-Cheann Comhairle

The matter cannot be dealt with now.

Ms McManus

I have a second question.

An Leas-Cheann Comhairle

On the Order of Business.

Ms McManus

In terms of the protection of patients, which can fall under a number of Bills including the medical practitioners Bills, will the Tánaiste ensure that women with cancer will not be denied lifesaving treatment by way of clinical trials because of a decision of three men——

An Leas-Cheann Comhairle

The question does not arise on the Order of Business.

Ms McManus

——that patients cannot have access to clinical trials on denominational grounds? Will the Tánaiste make that commitment to women in Ireland suffering cancer or will we have to take the case to court——

An Leas-Cheann Comhairle

The Deputy should table a parliamentary question. It is not relevant to the Order of Business.

Ms McManus

——so the law is changed as a result of a judge's decision rather than one by this Parliament?

The Tánaiste

I share Deputy McManus' view that patient safety has to be paramount in this area. The Department is currently working on guidelines for ethics committees. She can be assured that no patient will be put at risk as a result of the ethos of any institution.

Mr. Stagg

They are being put at risk.

The Tánaiste

They are at present, I know that.