Vol. 616 Tuesday, No. 1 7 March 2006 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 7 March 2006. Ceisteanna—Questions Taoiseach ………………………………… 1 Minister for Transport Priority Questions …………………………… 15 Other Questions …………………………… 31 Adjournment Debate Matters …………………………… 38 Leaders’ Questions ……………………………… 38 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 55 Order of Business ……………………………… 56 Finance Bill 2006: Financial Resolution ……………………… 65 Diseases of Animals Act 1966: Motion ……………………… 65 Finance Act 2004: Motion …………………………… 65 Finance Bill 2006: Report and Final Stages ……………………… 65 Private Members’ Business Wistleblowers Protection Bill 1999: Motion …………………… 84 Message from Select Committee ………………………… 115 Finance Bill 2006: Report Stage (resumed) and Final Stage ………………… 115 Adjournment Debate Hospital Services ……………………………… 152 Mental Health Services …………………………… 154 General Practitioner Co-operatives ……………………… 157 Schools Building Projects …………………………… 160 Questions: Written Answers …………………………… 165 1 2 DA´ IL E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 616 Volume 616 De´ Ma´irt, 7 Ma´rta 2006. Tuesday, 7 March 2006. ———— Chuaigh an Leas-Cheann Comhairle i gceannas ar 2.30 p.m. ———— Paidir. Prayer. ———— Ceisteanna — Questions. I am seeking a review of the operation of the Act. It is 30 years since the Office of the Director ———— of Public Prosecutions was established. It was set up to ensure independence in prosecutions, but Proposed Legislation. there is also a need for accountability and trans- parency in prosecutorial decisions made by the 1. Mr. Costello asked the Taoiseach if the Pros- DPP. Such a need does not exist in Britain, where ecution of Offences Act 1974 establishing the the Attorney General, who is a Member of Par- office and functions of the Director of Public liament, regularly comes into the House of Com- Prosecutions will be reviewed to ensure that mons and answers questions. No mechanism is in matters of general public concern arising from the place in this country to explore or inform victims performance of his duties are clarified; and if he of the reason a particular course of action was will make a statement on the matter. [3630/06] embarked upon by the Director of Public Pros- ecutions. In the interests of justice and to com- The Taoiseach: There are no proposals to bine independence with accountability, I seek to initiate legislation to amend the Prosecution of determine whether a mechanism or avenue can Offences Act 1974 as suggested by the Deputy. be found to obtain clarification when various high profile court cases have controversial outcomes. Mr. Costello: I thank the Taoiseach for that comprehensive answer. I asked if the Prosecution The Taoiseach: Two issues arise. On the ques- of Offences Act 1974 would be reviewed to tion whether the Director of Public Prosecutions ensure that matters of public concern arising from will disclose, after a trial has taken place, the the performance of the DPP’s duties are clarified. existence of material which has not been put An amendment to the Act would not be neces- before a court, the practice of the DPP is not to sary to enable the DPP to make statements of disclose, after a trial has taken place, the exist- clarification to victims or to the public at large on ence of material which was not put before a court matters of general public concern. because it was inadmissible or not probative of the case. To do so would involve disclosing preju- 3 Ceisteanna — 7 March 2006. Questions 4 [The Taoiseach.] providing extra information, the legislation pro- dicial material and leaving the persons affected vides for consultations between the DPP and the by disclosure with no effective means of combat- Attorney General. That might be a useful avenue ing any damage to their reputation. As I stated, of exploration in terms of opening up the decision there are no proposals to review or amend the making process within the office of the DPP and legislation. providing a mechanism for releasing information The policy for not giving reasons in public for to the public domain. decisions not to prosecute predates the Pros- ecution of Offences Act 1974 and the establish- The Taoiseach: The Deputy is correct that ment of the Office of the Director of Public Pros- section 2(6) of the 1974 Act provides for consul- ecutions. This policy is underpinned by an old tation between the Attorney General and the principle which did not originate in the 1974 Act DPP from time to time. I have no function on but found its way into it. these consultations and do not have the power to If reasons are given in one or more cases, it direct them to take place, order that particular would be difficult not to give them in all cases, as matters be discussed or request details of the con- wrong conclusions would inevitably be drawn tents of the consultations, which have always with regard to those cases in which reasons were been regarded as confidential. I am afraid that refused. If, on the other hand, reasons are given does not help much. in all cases and those reasons are more than bland generalities, unjust consequences would be diffi- EU Summits. cult or impossible to avoid. The two main potential negative consequences 2. Mr. Kenny asked the Taoiseach if he has of giving public reasons for a decision, as outlined received an agenda for the March 2006 meeting by the Director of Public Prosecutions in a recent of the European Council; and if he will make a statement, is that to give a specific reason as statement on the matter. [4262/06] opposed to a bland generality, such as, for example, that the evidence did not permit a pros- 3. Mr. Kenny asked the Taoiseach the bilateral ecution, could in many cases cast doubt on the meetings he intends holding on the margins of the innocence of a person and thereby violate the March 2006 European Council meeting; and if he presumption of innocence which can only be dis- will make a statement on the matter. [4263/06] placed by a trial, in due course of law, in open court at which the accused is legally represented. 4. Caoimhghı´nO´ Caola´in asked the Taoiseach Second, giving reasons could damage or prejudice the bilateral meetings he has scheduled for the the good name or reputation of a potential wit- March 2006 European Council meeting; and if he ness, for example, if it was stated that a witness will make a statement on the matter. [5366/06] was not thought to be reliable. While acknowledging the long-established 5. Mr. Rabbitte asked the Taoiseach if he has practice of not giving reasons in public, I am received the agenda for the forthcoming March aware that the Director of Public Prosecutions is EU summit; and if he will make a statement on examining whether there may be scope for giving the matter. [5497/06] greater information about prosecutorial decisions to victims of crime. An obvious difficulty is that 6. Mr. Rabbitte asked the Taoiseach his priori- in the event that reasons are given privately to ties for the forthcoming March EU summit; and victims, this information may be subsequently dis- if he will make a statement on the matter. closed in public. It is the practice of the Office of [5498/06] the Director of Public Prosecutions to give the Garda Sı´ocha´na a full account of the reasons for 7. Mr. J. Higgins asked the Taoiseach if he will prosecutorial decisions. report on his meeting with the Ukrainian Foreign While no amendment or review of the Act is Minister, Mr. Borys Tarasyuk. [5509/06] planned, the Director of Public Prosecutions has indicated he is examining whether there may be scope for giving general greater information to 8. Mr. J. Higgins asked the Taoiseach if he has victims of crime. As the Deputy is aware, my role received an agenda for the upcoming European with regard to the DPP is administrative and I Council meeting in Brussels. [5510/06] have no function in how he acts in cases. 9. Mr. Sargent asked the Taoiseach if he has Mr. Costello: I thank the Taoiseach for his received an agenda for the European Council’s lengthier reply. I am aware it is practice and pre- March 2006 meeting; and if he will make a state- cedent for the Director of Public Prosecutions not ment on the matter. [6400/06] to make statements. Although the current DPP’s immediate predecessor never made statements, 10. Mr. Rabbitte asked the Taoiseach the out- the incumbent has made several clarificatory come of his meeting with the Prime Minister of statements. While I welcome the fact the DPP is Croatia on 3 March 2006; and if he will make a seeking to determine whether there is scope for statement on the matter. [9019/06] 5 Ceisteanna — 7 March 2006. Questions 6 The Taoiseach: I propose to take Questions The Committee of the Regions is the European Nos. 2 to 10, inclusive, together. Union institution which brings together locally Last Friday, the Presidency circulated the draft elected representatives from the 25 member agenda for the European Council in March. The states. We have always espoused inclusiveness draft agenda focuses on the need for implemen- and equality. Every other European leader has tation of the commitments on jobs and growth respected the geographic and political balance of entered into at last spring’s European Council. In their respective countries in respect of rep- particular, they highlight the need to maintain resentation. momentum across the board. In this context, they Following the results of the June 2004 local identify as priorities ensuring sound and sus- elections, appointments were made for del- tainable public finances, completing the internal egations of Irish members to the Committee of market and enhancing social cohesion and the Regions.