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Da´Il E´Ireann Vol. 583 Wednesday, No. 4 7 April 2004 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 7 April 2004. Leaders’ Questions ……………………………… 813 Ceisteanna—Questions Taoiseach ………………………………… 824 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 828 Order of Business ……………………………… 831 Rwandan Massacre Commemoration ………………………… 845 Order of Business (resumed) …………………………… 845 Ministerial Rota for Parliamentary Questions: Motion ………………… 850 An Bord Bia (Amendment) Bill 2003 [Seanad]: Order for Report Stage …………………………… 850 Report and Final Stages …………………………… 850 Ceisteanna—Questions (resumed) Minister for Health and Children Priority Questions …………………………… 866 Other Questions …………………………… 885 Adjournment Debate Matters …………………………… 896 Electoral (Amendment) Bill 2004: Second Stage (resumed) ………………… 897 Message from Select Committee ………………………… 942 Private Members’ Business Paramilitary Organisations: Motion (resumed) …………………… 942 Electoral (Amendment) Bill 2004: Second Stage (resumed) ………………… 975 Adjournment Debate Hospital Services ………………………………1000 Mental Health Services ……………………………1004 Airport Development Projects …………………………1007 Child Care Services ……………………………1011 Questions: Written Answers ……………………………1017 813 814 DA´ IL E´ IREANN When I informed the House on 5 February of the position regarding electronic voting, it was prior ———— to a court ruling on the power of Ministers to make orders in these important areas. That is De´ Ce´adaoin, 7 Aibrea´n 2004. what changed the situation. It was in order to Wednesday, 7 April 2004. bring legal certainty that the necessity for legislation became evident. I reject the Deputy’s ———— suggestion. The Government is not rushing this Chuaigh an Ceann Comhairle i gceannas ar referendum. 10.30 a.m. Mr. Connaughton: That is what it looks like. ———— The Ta´naiste: The Good Friday Agreement Paidir. was signed into law and the referendum was held Prayer. 42 days later on the island of Ireland. That is probably the most important referendum we have ———— had in this country since the 1920s and it was held within 42 days. It is 65 days to 11 June. As Deputy Leaders’ Questions. Kenny acknowledged, we committed ourselves in Mr. Kenny: The Government announced the programme for Government to examine this yesterday that it intends to hold a referendum on important area. I understand the Minister for citizenship on 11 June. I recognise there is a Justice, Equality and Law Reform had problem of non-national persons arriving here, discussions with the Deputy’s former particularly late in pregnancy, and I understand it spokesperson for justice. He intends to have must be resolved. I have already committed Fine further discussions today with all parties in the Gael to working constructively towards a solution House, if they are available. I do not know what of that problem. However, we can only do that if the problem is as regards bringing Irish law into the Government enters into consultation on the line with what happens in every other European basis of good faith. The Government’s record to country. After the Government’s proposals —— date does not instil confidence or belief in that. On 5 and 12 November 2002 the Taoiseach said Mr. G. Mitchell: It should be done in a decent his Government did not have any contact with and civilised way. the Real IRA. However, it had, which meant his statement was untrue. On 5 February the The Ta´naiste: ——we will have some of the Ta´naiste said there was no need for legislation most liberal laws on citizenship anywhere in on electronic voting. That was also untrue. On 17 Europe. It is important and timely that we plug February this year the Taoiseach answered the loophole in the law on citizenship as quickly questions in the House for 45 minutes and said as possible. It is better to do that on 11 June there were no planned referenda other than the rather than wait for a presidential election which three speculated about, namely, property rights, may or may not occur later this year. reform of the Seanad and the EU constitution. The Ta´naiste is a signatory to the programme Mr. Kenny: We need a coherent policy on this for Government which contains a specific matter. The Ta´naiste has not explained the commitment to enter into all-party discussions reason for the rush to amend the Constitution. about matters relevant to the Constitution. The Taoiseach answered questions for 45 minutes However, there have not been any all-party on 17 February, but he did not mention this discussions. There has not been any consultation amendment to the Constitution. The Minister of with me, despite the fact that the Government State at the Department of Justice, Equality and decision allowed for consultation with the party Law Reform, Deputy Brian Lenihan, who leaders. Yesterday the Government announced chaired the sixth all-party committee on the that it intends to hold the referendum on 11 June. Constitution, made recommendations about how Can the Ta´naiste explain to the House and the the Constitution should be amended and that country why there is a rush to hold the every Deputy should have the right to speak fully referendum on 11 June? How can we be and completely about the legislation and the issue confident that the Government is genuine about involved. However, that cannot happen when we putting in place an all-embracing solution to deal do not have any evidence or information and with the problem which we recognise? How can there has not been any consultation with us. we be sure that we will have a meaningful debate The Minister of State at the Department of about the Constitution on an all-party basis when Justice, Equality and Law Reform, Deputy the Government’s record to date means we O’Dea, recommended that this should not cannot believe a word out of its mouth? happen on 11 June and Senators from all parties also said it should not happen on that date. Why The Ta´naiste: I take grave exception to Deputy is the Government pressing ahead? Is it not Kenny’s suggestion that I misled this House. obvious from past experience of previous 815 Leaders’ 7 April 2004. Questions 816 [Mr. Kenny.] time to put this matter to the people and let Governments that rushing to amend the them decide. Constitution can lead to legal quagmires and that what the Government is doing by forcing this Mr. Allen: The Government wants to win through on 11 June is debasing Bunreacht na votes. It is all about votes. hE´ ireann and dragging it down to the level of party political gain when it is facing an electoral Mr. Rabbitte: Despite our political differences process with difficulties on all fronts? I have always regarded the Ta´naiste as a decent I recognise there is a problem and my party is person in politics and an honourable colleague in committed to a resolution of that problem in a the constituency. It makes my stomach sick to see constructive, coherent and all-embracing manner. her lend her party as cover to Fianna Fa´il in a Will the Ta´naiste explain why the Taoiseach did transparent ploy to exploit the immigration issue not refer to this referendum when he answered in an election atmosphere. questions on 17 February? What is the necessity to go beyond what the Minister of State, Deputy Deputies: Hear, hear. Brian Lenihan, recommended in changing the Constitution? The Government is getting support Mr. Rabbitte: The handling of this matter has in recognising that there is a problem and that it been dishonest and underhand right from the should be dealt with constructively. Why the rush beginning on 17 February, when the Taoiseach to judgment? How can we believe a word from said there would be no referendum this year, up the Ta´naiste when the record proves the to the battle Deputy Higgins and I fought opposite? yesterday to extract from the Taoiseach, against obfuscation and obstruction, including from the The Ta´naiste: We are usually criticised by the Chair, the statement that there would be a Opposition for not acting in a hasty fashion on referendum on 11 June. many matters. When I asked the Ta´naiste if it was the case that the House would be reconvened a week early (Interruptions). to take this Bill and that the imported guru from America had identified this issue as being of The Ta´naiste: I find it hard to understand potential electoral advantage to Fianna Fa´il, she whether Deputy Kenny is simply opposed to the denied it. Now the House is being reconvened timing of 11 June or if he has more fundamental and Deputy Costello tells me he was contacted objections in this matter. this morning by the Minister’s secretary and told that the Bill will be published on Thursday. That Mr. Connaughton: Is that not what he said? was the intention. As the House retired for the Easter recess, the Government intended to Mr. M. Higgins: We are well into the release the Bill under the cover of a holiday campaign now. weekend, when there would be no opportunity to raise it in the House. It is disgraceful. An Ceann Comhairle: Allow the Ta´naiste to Where is the Des O’Malley who said he would speak without interruption. stand by the Republic? What does Deputy O’Donnell think about this? What does Deputy Mr. Durkan: One cannot have it both ways. Fiona O’Malley think about it? What does Senator Minihan think about it? He would be a An Ceann Comhairle: Deputy Durkan is not Member of this House were it not for the fact the leader of his party. that this issue was disgracefully exploited in Cork by some of the guys behind the Ta´naiste.
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