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Da´Il E´Ireann Vol. 584 Wednesday, No. 3 28 April 2004 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 28 April 2004. Leaders’ Questions Taoiseach ………………………………… 661 Visit of British Delegation …………………………… 672 Ceisteanna—Questions Taoiseach ………………………………… 672 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 688 Order of Business ……………………………… 689 An Bille um an Seachtu´ Leasu´ is Fiche ar an mBunreacht 2004: Ce´im on Choiste………… 704 Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage ………… 704 Ceisteanna—Questions (resumed) Minister for Social and Family Affairs (Mary Coughlan) Priority Questions …………………………… 716 Other Questions …………………………… 733 Adjournment Debate Matters …………………………… 743 An Bille um an Seachtu´ Leasu´ is Fiche ar an mBunreacht 2004: Ce´im on Choiste (ato´ga´il) … … 744 Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (resumed) ……… 744 Private Members’ Business Road Safety: Motion (resumed) ………………………… 803 An Bille um an Seachtu´ Leasu´ is Fiche ar an mBunreacht 2004: Ce´im on Choiste (ato´ga´il) … … 833 Twenty-seventh Amendment of the Constitution Bill 2004: Committee Stage (resumed) ……… 833 Adjournment Debate Residential Institutions Redress Board ……………………… 864 Special Educational Needs ………………………… 867 Mayo Landslides ……………………………… 869 Questions: Written Answers …………………………… 873 661 662 DA´ IL E´ IREANN available regarding the work of the Department of Education and Science and its achievements ———— over the past five years. They also contained information on special education and key facts De´ Ce´adaoin, 28 Aibrea´n 2004. about education in this country. All the Wednesday, 28 April 2004. information in the pack was in the public domain in one form or another, either by way of answers ———— to parliamentary questions, Adjournment Debates or departmental websites and Chuaigh an Ceann Comhairle i gceannas ar publications. Each pack contained a relevant 10.30 a.m. county breakdown of the schools’ building programme and showed the overall total that had ———— been spent on school buildings, both primary and post-primary, up to 2003. Paidir. The information included in the packs is not a Prayer. problem. However, the folders were Department of Education and Science packs and they should ———— not have been used. That was wrong and I said that to the Minister. He should not have used Leaders’ Questions. Department of Education and Science folders for such information. I accept there was an error in Mr. Kenny: Last week the country was that matter. informed that the Minister for Education and Science, Deputy Dempsey, had used Civil Service The letter sent by the Minister of State, Deputy resources in his Department to prepare election Fahey, concerning a party fundraising event was literature marked private and confidential for sent from his constituency office. It is totally Fianna Fa´il candidates in the local elections. inappropriate and, as Deputy Kenny pointed out, After some reluctance the Taoiseach indicated is in breach of guidelines. I made it clear to the that this was not a very serious matter. However, Minister of State when I discussed the matter the Standards in Public Office Commission has with him that the use of departmental notepaper initiated an inquiry into the matter. for such correspondence is not permitted. He Yesterday we had a report that the Minister of believed there was a distinction because it was his State at the Department of Enterprise, Trade and constituency office. However, there is not and the Employment, Deputy Fahey, had used public standard is clear. The code of conduct for office resources and officially headed departmental holders states in section 2.2.3 that public paper for the purposes of fundraising for a Fianna resources and official facilities should be used Fa´il candidate at a function at which the only for official purposes. In this case I accept Taoiseach will be the guest speaker. It appears what Deputy Kenny said and I will remind my that some elements in Government do not colleagues that they were in breach of the code. understand the difference between right and wrong. Mr. Kenny: I thank the Taoiseach for his The Taoiseach is aware of the standards and frankness and openness in this matter. I do not code of conduct for office holders which states know what he said to both Ministers. Perhaps it specifically in respect of Ministers: “Office might be appropriate if they were men enough to holders are provided with facilities at public come to the House and apologise for their expense in order that public business may be behaviour, as happened in 1996 when a then conducted effectively... Holders of public office Minister of State and a more senior Minister enjoy an enhanced public profile and should be apologised to the House for literature that was mindful of the need to avoid use of resources in issued on officially headed notepaper. a way that could reasonably be construed as an Has the Taoiseach had any consultations with inappropriate raising of profile in the context of or contact from his partners in Government on a General Election.” I assume the same applies this matter? In the 1996 incident, the now leader in the case of all elections. of the Progressive Democrats called for Mindful of the fact that prior to the previous resignations over a similar matter. general election civil servants were instructed by a serving Minister at the time only to issue “good Mr. M. Ahern: No one will resign over this. news” letters, does the Taoiseach condone the actions of the Minister and the Minister of State? Mr. Kenny: In that context both the senior Will the Taoiseach instruct all Ministers as office Minister and the Minister of State involved came holders, today if he has not already done so, not to the House to apologise for their conduct. It to abuse their ministerial privileges for political would, perhaps, be appropriate if the Minister gain in the 44 days left in the run up to the local and Minister of State in these cases did the same. and European elections? I do not know if the Taoiseach has suggested that to them but it might be appropriate to do so. The Taoiseach: The information packs referred I suggest to the Taoiseach, in everybody’s to were a collation of information publicly interest, that an instruction should be sent to all 663 Leaders’ 28 April 2004. Questions 664 [Mr. Kenny.] Commission appointed by the Government on Ministers and Ministers of State, who, after all, the proposal of the Government to proceed with are office holders, that this particular privilege the referendum on citizenship? The Human should not be abused in any way between now Rights Commission has expressed concern about and the local and European elections, or at any the Government proceeding with this poll on 11 time. June without any consultation with the commission. The commission has also expressed The Taoiseach: I will remind people of the concern about the implications for the Belfast code, particularly in view of the two breaches. We Agreement and stated that it is meeting its will comply with the code of the Standards in corresponding body in Belfast today and will Public Office Commission. I do not think there is make further observations on the implications for a difficulty about the information and I do not the Good Friday Agreement after that meeting. want to see restrictions on the provision of I want to draw the Taoiseach’s attention in information from anybody. The Opposition also particular to the commission’s conviction that the uses Departments in the information process. The amendment may breach the rights of Irish born use of the folder is the issue in the case of the children under two different international human Minister for Education and Science. In the case rights treaties and will create a new category of of party political issues, the rule is clear. One non-citizens with a lower level of protection, that cannot use either constituency offices or the Government had not given serious and Departments for information. I will point that out comprehensive consideration to the human rights again. It is easy for people to make an error in consequences of the referendum, that the data these matters. The rules are tight now and we provided by the Government to justify the must comply with them. I will remind my amendment is weak and that “much of the colleagues of the rules. evidence and rationalisation for the proposed amendment seems vague or anecdotal in nature”. Mr. Durkan: What about an apology? High-handed intellectual bullying is not a sufficient response to the concerns raised by the Mr. Allen: Fianna Fa´il does not make Human Rights Commission. Would it not be apologies. better to adjourn the Committee Stage tonight to allow for consultation and consideration on such Mr. D. Ahern: Is the Opposition saying it a sensitive issue, to consider, as the commission never uses—— put it, whether other means of addressing any purported social need have been adequately An Ceann Comhairle: I called Deputy explored which would not have the same Rabbitte. Allow him to speak without detrimental effect on human rights? If the interruption. Taoiseach will not listen to the Opposition or to the SDLP, will he respond to the Human Rights Mr. M. Ahern: The Minister of State, Deputy Commission established by his own Government? Fahey, apologised. The Taoiseach: The House set up the Human Mr. Rabbitte: I want to—— Rights Commission but the Government appointed it. I would, therefore, always listen to Mr. Quinn: I had the courage to apologise. what it says and examine its views. In that regard, Mr. M. Higgins: I cannot hear what the I have discussed the matter with the Attorney Minister of State across the way is saying.
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