Dáil Éireann díospóireacht -
Wednesday, 4 Apr 2007

Vol. 635 No. 2

Order of Business.

The Tánaiste

It is proposed to take No. 15, motion re proposed approval by Dáil Éireann of the terms of the access to the Convention on the International Hydrographic Organisation, back from committee; No. 25, Criminal Justice Bill 2007 — Report Stage; and No. 26, Pharmacy Bill 2007 [Seanad] — Order for Report and Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; (2) No. 15 shall be decided without debate; (3) the following shall apply with regard to amendments and sections which may be recommitted at the commencement of Report Stage of No. 25 today: (i) the recommitted amendments and sections shall be taken first today; (ii) the ruling of the Chair that Report Stage amendments, when recommitted, do not have to have a separate Report Stage, shall not apply; and (iii) the proceedings on the recommittal shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight by one question which shall be put from the Chair and which shall, with regard to amendments, include only those set down or accepted by the Tánaiste and Minister for Justice, Equality and Law Reform; (4) Report and Final Stages of No. 26 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10.30 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Health and Children; and (5) Private Members' Business, No. 71, motion re Kyoto Protocol, Ireland's energy supply and green procurement, resumed, shall be taken at 7 p.m. tonight or on the conclusion of No. 25, whichever is the later, and shall be brought to a conclusion after 90 minutes.

An Ceann Comhairle

There are five proposals to put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 15 without debate, motion re the Convention on the International Hydrographic Organisation, agreed?

Mr. Kenny

Normally we get a note indicating what was agreed by the committee, but I did not receive any extra information about the International Hydrographic Organisation. Perhaps this is due to the fact that the country is literally flooded at some times of the year. With all the water problems we have, there may have been something of relevance in the convention. The Whip should send a note the next time.

Mr. Kitt

Certainly.

Mr. Sargent

I support Deputy Kenny's request for more information. A debate on the issue in the House, of whatever duration that can be managed, would be appropriate. The matter I raised under Standing Order 31 referred to the problem in Galway. There is a need for an update on the situation and for us to learn from the mistakes of the past. The opportunity should not be missed to have that debate because there are current issues that were probably not dealt with at the committee as a result of the daily change in the situation.

Question, "That the proposal for dealing with No. 15 without debate be agreed to," put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 25, recommittal of the Criminal Justice Bill 2007, agreed?

Mr. Howlin

First, I pay tribute to the Chair and those in the Bills Office who have worked under extraordinary pressure since last week, in particular yesterday, to deal with this matter. I welcome the recommittal of the untouched sections, but there was consensus at the end of our debate last week, when we dealt with 11 sections in as much detail as we could, that a good job was being done. There should be no guillotine on the remaining 41 sections. We will work diligently to make a better Bill if we are allowed and I ask, in that context, that there be no guillotine at 7 p.m. today.

This has been a very difficult situation, even for Opposition spokespersons. We now have two versions of the Bill, that as amended in committee before the House proper and that we are about to recommit. Most of us have done our work on one Bill, but we have a different Bill to cross-reference now. There are amendments which we saw for the first time yesterday. I have submitted amendments to the Minister's amendments and will have to find out how they fit into the discussion as we move through the Bill. There is enormous pressure on the Members of the House to do a proper job of parliamentary scrutiny and on the officers of the House to keep us in order in doing the job. I welcome the Tánaiste's reversal at the end of Committee Stage last week when, probably prompted by external pressures, he determined that we should have a proper Committee Stage debate on this Bill. Articles in today's national newspapers suggest that at least some sections of the proposal are unconstitutional. I wish to be assured that we can debate those matters so that we can be sure of the constitutional basis of our criminal law.

External comment that the Opposition is somehow responsible for not stopping this bulldozer is difficult to swallow when we oppose and vote against it but the guillotine is decided by the majority in this House which is determined that we do not have adequate debate on these serious and important provisions.

Mr. J. O’Keeffe

I welcome the Tánaiste'sU-turn and the fact he has bowed to pressure from within and outside the House to have some extra hours of debate on this Bill. He is only agreeing, however, to make a very bad situation somewhat less bad. Everybody accepts that parliamentary democracy requires that Bills receive proper scrutiny. That is how it has worked for centuries. When dealing with serious issues proper debate is all the more necessary.

Our debate on 11 sections of the Bill and the amendments thereto last week was good and constructive. The Government side has admitted this in discussion. The right approach would be to continue that debate without a guillotine, or the sword of Damocles, hanging over our heads. I am pressing this because we have made clear that our approach has been to offer constructive comments on the Tánaiste's approach and amendments to some of which the Tánaiste agreed, although he said there would not be an opportunity to incorporate them into the Bill. Let us continue that constructive debate. The Taoiseach assured us yesterday that the Dáil will resume after Easter, so what is the rush? Let us do the job properly.

Mr. Sargent

The Criminal Justice Bill is being cited outside the House as important for various reasons, beyond its substance, including how it bears on our democracy and how that must be taken into account. I have come from a conference in the National Library organised by TASC, entitled Power to the People — Assessing Democracy in Ireland. This Bill was cited as an example of whether it is progressive or regressive.

Mr. Martin

That is the title of a song that won the Eurovision years ago.

Mr. Sargent

To withold the temptation to use the guillotine means that democracy and accountability are not being further undermined and hopefully better legislation will flow from more reasoned debate.

Caoimhghín Ó Caoláin

I join my colleagues in opposing the imposition of the guillotine in this case. I understand from Deputy Ó Snodaigh that the recommittal process will not allow Deputies the opportunity to table amendments on Report Stage tomorrow. The closing time is 11 a.m. today. It is very unsatisfactory. The Tánaiste was putting down amendments up to yesterday evening. Where and how can Opposition voices respond to those with appropriate amendments? It is a closed operation.

The Tánaiste is being congratulated on the recommittal process and the opening of other sections but that is stunted by the imposition of the guillotine again which is unnecessary, unhelpful and will lead not to best practice but to flawed legislation. We oppose the guillotine and ask the Tánaiste to reconsider it.

The Tánaiste

In case there is any misapprehension, I was willing to sit all day last Friday but people apparently objected to Friday sittings. I do not mind that.

Mr. Stagg

Who objected?

Mr. Howlin

Who objected? That was never put to us.

Caoimhghín Ó Caoláin

Who objected?

The Tánaiste

I was willing.

Mr. Stagg

Who objected?

The Tánaiste

I do not know.

Mr. Stagg

The Government backbenchers objected.

The Tánaiste

I am only telling the truth. I was willing to sit all day on Friday.

Mr. Howlin

The Government could not get a quorum.

The Tánaiste

I had no objection to sitting all day last Friday.

Mr. Howlin

The Government ordered the business of the House.

Mr. J. O’Keeffe

The debate was guillotined at 4 p.m. last Thursday.

Mr. Durkan

The Tánaiste is never wrong.

The Tánaiste

I am just making the point that I was willing.

An Ceann Comhairle

Could we have silence for the Tánaiste please? The Deputies cannot come into this House and frustrate a speaker whom the Chair has called.

Mr. Howlin

The Tánaiste has no respect for the House.

Aengus Ó Snodaigh

The Tánaiste is misleading the House.

Mr. Kenny

We would have been in the House on Friday.

An Ceann Comhairle

This is a democratic Chamber and people are entitled to be heard. The Tánaiste is entitled to be heard. The Standing Order allows Deputy Howlin in this instance to speak on one occasion on behalf of the party. It is not possible for everybody to make a contribution. If that is what Deputies want to do I will put the question and get on with the business.

Mr. Rabbitte

Let the record show that the Tánaiste is addicted to this House.

Mr. J. O’Keeffe

This is the first time we have heard about the offer of a sitting last Friday.

The Tánaiste

We will take the recommitted amendments today and Report Stage tomorrow. There is plenty of time to debate the substance of the Bill in that context.

Aengus Ó Snodaigh

There is no time to table amendments before Report Stage.

The Tánaiste

Will the Deputies allow me to finish? Does everybody on the other side of the House think that they can shout whenever they want?

Aengus Ó Snodaigh

Yes.

The Tánaiste

Fair enough.

Mr. Rabbitte

That is right; the Tánaiste should sit down.

The Tánaiste

At least I got an honest answer for the second time today from Sinn Féin, whose Deputies believe that they can shout whenever they want to. That is good.

Mr. Durkan

At least the Tánaiste listened to them.

The Tánaiste

I appeal to the Deputies opposite to concentrate on what is in the Bill and not to bring in new extraneous matter because there was an interesting debate——

Mr. Costello

Hear this.

Mr. Howlin

We are not allowed to table amendments. This is terrible.

The Tánaiste

The Deputies should allow me to finish.

An Ceann Comhairle

Deputy Howlin will not be in the House for the debate if he does not remain silent now and allow the Tánaiste to speak.

Mr. Howlin

It is becoming pointless for me to be in the House with the arrogance we have to face.

The Tánaiste

It is not.

Mr. Howlin

We are not allowed to table amendments. The Ceann Comhairle has a role too.

An Ceann Comhairle

Deputy Howlin cannot treat this Chamber like a crèche.

Mr. Martin

The Deputy praises the Ceann Comhairle.

Mr. Rabbitte

On a point of information——

An Ceann Comhairle

There is no such thing as a point of information. The Tánaiste is to speak without interruption.

Mr. Rabbitte

Is there any reason, and maybe the Tánaiste would agree why——

An Ceann Comhairle

Deputy Rabbitte is not entitled to speak on this issue. Deputy Howlin has spoken on behalf of the Labour Party.

Mr. Rabbitte

I am not speaking on the issue. I am raising a point of information.

An Ceann Comhairle

The Deputy is speaking on the matter. There is a procedural proposal before the House. The Tánaiste is entitled to be heard.

Mr. Stagg

We cannot table amendments.

Mr. Howlin

That is not how parliament works.

The Tánaiste

I am asking people to concentrate on what is in the Bill. We had an interesting discussion, and I am not criticising it, on a new proposition that we should treat unconstitutionally obtained evidence in a new way. I am happy to discuss that type of issue but the Bill before us does not contain that proposal. I ask the Deputies opposite to concentrate on what concerns them in the Bill, rather than bring in new material which on any analysis has not been the subject of lengthy public debate. If we concentrate equally on material in or not in the Bill our time will be limited.

Aengus Ó Snodaigh

Let us have the public debate.

Mr. Stagg

Would the Tánaiste like us to go away and leave it to him?

The Tánaiste

I am not suggesting that.

Mr. Stagg

The Tánaiste is suggesting it.

Mr. J. O’Keeffe

The proposal was in the Hogan report commissioned by the Tánaiste.

The Tánaiste

Yes but not all of the Hogan report is in the Bill.

Mr. Howlin

It is only the Tánaiste who is capable of such arrogance.

Mr. J. O’Keeffe

The Tánaiste could bring forward a recommendation.

An Ceann Comhairle

If the Tánaiste concludes I will put the question.

The Tánaiste

Would the Ceann Comhairle put the question?

Mr. Rabbitte

Would the Tánaiste like to vacate his seat and come over to this side of the House to put his proposal?

Question put: "That the proposal for dealing with No. 25 be agreed to."

The Dáil divided: Tá, 63; Níl, 48.

Tá

• Andrews, Barry.
• Ardagh, Seán.
• Blaney, Niall.
• Brady, Johnny.
• Brady, Martin.
• Brennan, Seamus.
• Callanan, Joe.
• Carey, Pat.
• Carty, John.
• Cassidy, Donie.
• Cooper-Flynn, Beverley.
• Cregan, John.
• Curran, John.
• de Valera, Síle.
• Dempsey, Noel.
• Dennehy, John.
• Devins, Jimmy.
• Ellis, John.
• Fahey, Frank.
• Finneran, Michael.
• Fitzpatrick, Dermot.
• Fleming, Seán.
• Gallagher, Pat The Cope.
• Glennon, Jim.
• Grealish, Noel.
• Hanafin, Mary.
• Haughey, Seán.
• Jacob, Joe.
• Keaveney, Cecilia.
• Kelleher, Billy.
• Kelly, Peter.
• Killeen, Tony.
• Kitt, Tom.
• Lenihan, Brian.
• McDowell, Michael.
• McGuinness, John.
• Martin, Micheál.
• Moloney, John.
• Moynihan, Michael.
• Mulcahy, Michael.
• Nolan, M.J.
• Ó Cuív, Éamon.
• Ó Fearghaíl, Seán.
• O’Dea, Willie.
• O’Donnell, Liz.
• O’Donoghue, John.
• O’Donovan, Denis.
• O’Flynn, Noel.
• O’Keeffe, Batt.
• O’Malley, Fiona.
• O’Malley, Tim.
• Parlon, Tom.
• Power, Peter.
• Power, Seán.
• Roche, Dick.
• Sexton, Mae.
• Smith, Brendan.
• Treacy, Noel.
• Wallace, Dan.
• Wallace, Mary.
• Walsh, Joe.
• Wilkinson, Ollie.
• Woods, Michael.

Níl

• Allen, Bernard.
• Breen, James.
• Breen, Pat.
• Broughan, Thomas P.
• Bruton, Richard.
• Burton, Joan.
• Connaughton, Paul.
• Costello, Joe.
• Crawford, Seymour.
• Deenihan, Jimmy.
• Durkan, Bernard J.
• English, Damien.
• Enright, Olwyn.
• Ferris, Martin.
• Gilmore, Eamon.
• Higgins, Joe.
• Higgins, Michael D.
• Hogan, Phil.
• Howlin, Brendan.
• Kenny, Enda.
• Lynch, Kathleen.
• McCormack, Pádraic.
• McGinley, Dinny.
• McGrath, Paul.
• McHugh, Paddy.
• McManus, Liz.
• Mitchell, Olivia.
• Morgan, Arthur.
• Murphy, Catherine.
• Neville, Dan.
• Ó Caoláin, Caoimhghín.
• Ó Snodaigh, Aengus.
• O’Dowd, Fergus.
• O’Keeffe, Jim.
• O’Shea, Brian.
• O’Sullivan, Jan.
• Pattison, Seamus.
• Penrose, Willie.
• Quinn, Ruairí.
• Rabbitte, Pat.
• Ryan, Seán.
• Sargent, Trevor.
• Sherlock, Joe.
• Shortall, Róisín.
• Stagg, Emmet.
• Timmins, Billy.
• Twomey, Liam.
• Wall, Jack.

Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Neville and Stagg.

Question declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 26, Pharmacy Bill 2007, Order for Report, Report and Final Stages, agreed to?

Mr. Stagg

This is the 11th piece of legislation to be guillotined this week. A dog's dinner has been made of the Criminal Justice Bill 2007 and three separate Bills are now to be passed almost at once, which is something I have not seen in all my time in the House. Bills are now being chopped, one after the other, without taking into account the requirement of the House to hold the Executive to account by scrutinising legislation. We oppose this guillotine as we do all others.

Caoimhghín Ó Caoláin

This is a very important piece of legislation and has been long expected. It is unacceptable that it is to be truncated by guillotine. There are many interested parties to the amendments and they must be debated. I urge that the guillotine be lifted.

Question, "That the proposal for dealing with No. 26 be agreed to," put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with Private Members' Business agreed to? Agreed.

Mr. Kenny

Can the Tánaiste give a more precise date for the introduction of the new ethics legislation in the Dáil? Am I to understand from his comments this morning that the legislation will be passed by the Dáil before it is dissolved?

Has the Government fixed a date for the resumption of the Dáil after Easter?

In view of comment in the public arena, has the Government sought advice from the Attorney General on the legality of holding a general election subsequent to the date of the final presentation of the census figures? If so, what is that advice?

Does the Tánaiste wish to comment on statements from the Association of Garda Sergeants and Inspectors to the effect that he has interfered directly in the running of the Garda Síochána on a daily basis?

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Kenny

It does arise.

An Ceann Comhairle

I suggest the Deputy submit a question to the Minister.

Mr. Kenny

It is an important issue and the Tánaiste is the Minister for Justice, Equality and Law Reform. The Association of Garda Sergeants and Inspectors has criticised him for interfering directly in the running of the Garda Síochána.

An Ceann Comhairle

Backbenchers in this House cannot get to ask a question on the Order of Business because of the amount of time taken up on this type of question. In fairness to them, I ask Deputy Kenny to stay within the terms of the Order of Business.

Mr. Kenny

It was backbenchers who asked me to put the question.

Mr. Allen

The Ceann Comhairle should not lecture the leader of Fine Gael.

Mr. Kenny

It is not ethical for the Ceann Comhairle to attempt to stifle the leader of Fine Gael.

An Ceann Comhairle

I want fair play for everybody but, as the Deputy knows, week after week it is impossible to allow the Members who sit behind the Deputy to ask questions.

Mr. Kenny

The matter was also raised by backbenchers on the Government side.

The Tánaiste

The ethics Bill will be initiated in the Seanad. The Government has approved its text and it will be put before the Seanad at the earliest available opportunity, although I do not know the exact timing.

Mr. Kenny

In that case, the Tánaiste's promise of last October is broken.

Mr. Allen

It is another broken promise.

The Tánaiste

There has been no broken promise.

I understand from the Chief Whip that the House will reconvene on 24 April. The Government has considered the issue relating to the census, raised by Deputy Kenny. There is no question of invalidity in holding an election in those circumstances.

If Deputy Kenny had raised the matter relating to the Association of Garda Sergeants and Inspectors with me during Question Time today I would have given him a very long and detailed answer, to prove that there was no substance in those remarks.

Mr. Kenny

I raise it now.

Mr. Durkan

The Tánaiste said he could answer.

Mr. Rabbitte

I will ask a question on the commitment given by the Minister of State at the Department of Enterprise, Trade and Employment — with special responsibility for trade and commerce, Deputy Michael Ahern, to introduce a statutory restriction on the use of the term "accountant". Apparently people are misrepresenting themselves as accountants and causing damage. Will the relevant legislation be introduced during the lifetime of this Dáil?

I will also ask a question on the commitment of the Government to repay approximately €1 billion collected illegally from nursing homes and similar institutions.

An Ceann Comhairle

The Deputy must ask a question on promised legislation.

Mr. Rabbitte

After two years only €26 million has been paid out.

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Rabbitte

What is the difficulty?

An Ceann Comhairle

The Deputy should submit a question on that issue to the line Minister.

The Tánaiste

The Government has no proposals to introduce legislation relating to the term "accountant" as the term is rather generic. For example, there are turf accountants, as well as chartered and certified accountants, just as there are lawyers who are not barristers or solicitors.

Mr. Allen

Chancers.

Ms Burton

Bar-room lawyers.

Mr. Sargent

There is promised legislation in an area which may be pertinent to the meeting between the Taoiseach and Northern colleagues today. It relates to paedophiles or suspected paedophiles coming here from abroad who have no legal obligation to inform the Garda when applying for a job that puts them in contact with children and with no mechanism to monitor this. The promised legislation on the register of persons considered unsafe to work with children may have an impact on this.

An Ceann Comhairle

I call the Tánaiste on legislation.

Mr. Sargent

Given that the assembly and institutions are to be re-established, hopefully, will that legislation be introduced and when will we have it?

The Tánaiste

I believe I have answered that question three or four times in the past month. Serious consideration needs to be given to the issue of legislation to give effect to the protection of children by preventing unsafe people from working with them. One of the problems relates to the issue of soft information and hard information. One of the points that arises in that contexts is what we propose to put into a constitutional amendment. We have not achieved consensus on the latter issue. How we deal with this legislation is contingent on reaching some view on whether we need a constitutional amendment in place before introducing the legislation.

Mr. Sargent

Will we have the referendum first?

The Tánaiste

There is very close co-operation between the PSNI and the Garda Síochána regarding dangers to children from sexual offenders.

Ms McManus

I have a question on secondary legislation. When will the outstanding sections of the Public Health (Tobacco) Act 2002 and the Public Health (Tobacco)(Amendment) Act 2004 be implemented?

The Tánaiste

I will need to communicate with the Deputy on those matters. I do not know when the uncommenced sections of those Acts will commence. The Deputy will need to ask the Minister in question.

Ms McManus

I have asked the Minister, but she cannot or will not tell me.

An Ceann Comhairle

Under Standing Orders it is in order for the spokesperson for the Government to defer.

Ms McManus

I am asking the Tánaiste who is in place of the Taoiseach on the Order of Business. I am entitled to ask about secondary legislation. I thought somebody might have an answer. However, this is a Government——

An Ceann Comhairle

Standing Order 26 allows that a question on secondary legislation be deferred to another day, which is what I understood the Tánaiste to say.

Ms McManus

The Tánaiste said I should ask the Minister for Health and Children. I am informing the Tánaiste that I have already done so and that I have not got the information to which I am entitled.

An Ceann Comhairle

It can be deferred to another day. A question on secondary legislation does not need to be answered today.

Mr. Allen

There may not be another day.

Ms McManus

What is the Ceann Comhairle talking about when referring to another day?

An Ceann Comhairle

The Deputy should read Standing Order 26. I call Deputy Ó Caoláin.

Ms McManus

Why would it be any different on another day? I do not have the answer now.

An Ceann Comhairle

The Standing Order allows that the Taoiseach may defer replying to a question relating to the making of secondary legislation to another day.

Ms McManus

I do not believe the Tánaiste made that commitment.

An Ceann Comhairle

I call Deputy Ó Caoláin.

Ms McManus

I would be very interested to know whether he has made that commitment which I did not hear. I do not know where the Ceann Comhairle heard it, but I did not hear it. If the Tánaiste is making that commitment, could I ask——

The Tánaiste

I did not say another day. However, if the Deputy raises it in a week's time, I will be in a position to deal with it.

Mr. Howlin

The Dáil will be in recess.

Ms McManus

The Tánaiste is treating the House with absolute disrespect.

An Ceann Comhairle

If the Deputy does not resume her seat we will move straight to the First Stage of the Private Members' Bill in the name of Deputy Morgan.

The Tánaiste

I do not know the answer to the Deputy's question and it would be disrespectful for me to wing it.

Mr. Durkan

It never stopped him before.

Ms McManus

Does the Tánaiste know the House is not meeting next week?

Caoimhghín Ó Caoláin

Given that private developers interested in the hospital co-location sites are threatening to sue the State in the event of a future Government democratically deciding not to proceed——

An Ceann Comhairle

Does the Deputy have a question appropriate to the Order of Business?

Caoimhghín Ó Caoláin

It is, if the Ceann Comhairle allows me to finish the sentence.

An Ceann Comhairle

The Deputy should come straight to the question.

Caoimhghín Ó Caoláin

While the Tánaiste knows I strongly disagree with the co-location proposal, nevertheless——

An Ceann Comhairle

I call Deputy Stagg.

Caoimhghín Ó Caoláin

Can any legislation protect the position of the Government——

An Ceann Comhairle

I suggest the Deputy submits a question to the line Minister.

Mr. Stagg

Arising from the Health (Repayment Scheme) Act 2006, mentally handicapped people aged 16 and upwards were allowed a disability allowance.

An Ceann Comhairle

Does the Deputy have a question appropriate to the Order of Business.

Mr. Stagg

I have.

An Ceann Comhairle

I ask that he comes to it.

Mr. Stagg

If I do not explain it the Tánaiste will not know what I am talking about. Under that Act, it appears that a charge has been made against these people, leaving the money——

An Ceann Comhairle

In what legislation is the Deputy interested?

Mr. Stagg

That is what I am trying to ask.

An Ceann Comhairle

If the Deputy does not know, he should ask a different question of the line Minister.

Mr. Stagg

If the Ceann Comhairle would stop interrupting me I would have the question asked by now. Is the Tánaiste aware that under the Act, people with mental handicap are now left with €35 per week and have received bills for back money——

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Stagg

It does arise if the Ceann Comhairle listens to me.

An Ceann Comhairle

It does not arise on the Order of Business.

Mr. Stagg

Has the secondary legislation enabling these moneys to be extracted from mentally handicapped people been enacted? Has it been laid before the House?

An Ceann Comhairle

That is a question for the line Minister.

Mr. Stagg

I am asking a question on secondary legislation, as I am entitled to do. I asked the question last week and was promised an answer in a day. However, I did not get an answer. The Ceann Comhairle is supposed to ensure that I do get one.

Mr. Durkan

Conspiracy of silence.

An Ceann Comhairle

No, Deputy, the Chair——

Mr. Stagg

I want to know.

The Tánaiste

I do not know the section to which the Deputy is referring.

Mr. Stagg

I do not know either.

The Tánaiste

If the Deputy does not know, how do I know——

Mr. Durkan

The Tánaiste knows everything.

The Tánaiste

——and how can I answer?

Mr. Stagg

On a point of order, under the rules of the House am I not entitled to ask about secondary legislation and get an answer?

An Ceann Comhairle

Yes, but the Deputy needs to know the secondary legislation about which he is asking.

Mr. Stagg

The Tánaiste is required to find the answer and give it to me.

An Ceann Comhairle

However, the Deputy's question is more appropriate to the line Minister——

Mr. Stagg

It is not more appropriate.

An Ceann Comhairle

——unless he knows the legislation about which he is asking.

Mr. Stagg

It is about secondary legislation.

An Ceann Comhairle

I would not argue with the Chair if I were the Deputy.

Mr. Stagg

I will and it is very necessary to do so.