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Da´Il E´Ireann Vol. 600 Tuesday, No. 1 12 April 2005 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 12 April 2005. Ceisteanna—Questions Taoiseach ………………………………… 1 Minister for Justice, Equality and Law Reform Priority Questions …………………………… 14 Other Questions …………………………… 31 Adjournment Debate Matters …………………………… 37 Leaders’ Questions ……………………………… 38 Request to move Adjournment of Da´il under Standing Order 31 ……………… 46 Order of Business ……………………………… 48 Estimates for Public Services 2005 ………………………… 52 Death of His Holiness Pope John II: Motion ……………………… 52 Estimates for Public Services 2005: Message from Select Committee …………… 68 Disability Bill 2004: Second Stage (resumed) ……………………… 68 Private Members’ Business Cancer Screening Programme: Motion ……………………… 83 Adjournment Debate Disabled Drivers ……………………………… 105 School Accommodation …………………………… 109 Site Acquisitions ……………………………… 111 Schools Building Projects …………………………… 114 Questions: Written Answers …………………………… 117 1 2 DA´ IL E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 600 Volume 600 De´ Ma´irt, 12 Aibrea´n 2005. Tuesday, 12 April 2005. ———— Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m. ———— Paidir. Prayer ———— Ceisteanna — Questions. hold in 2005; and if he will make a statement on the matter. [5703/05] ———— 6. Mr. J. Higgins asked the Taoiseach if he Constitutional Referenda. plans to hold constitutional referenda during 2005. [6516/05] 1. Caoimhghı´nO´ Caola´in asked the Taoiseach the constitutional referenda he plans for 2005; The Taoiseach: I propose to take Questions and if he will make a statement on the matter. Nos. 1 to 6, inclusive, together. [3693/05] There are no specific plans at present to hold any referenda during 2005. The treaty to establish 2. Mr. Rabbitte asked the Taoiseach if the a constitution for Europe was signed at a cere- Government has plans for the holding of consti- mony in Rome on 29 October 2004. Member tutional referenda during 2005; and if he will states of the EU must have completed their ratifi- make a statement on the matter. [4633/05] cation processes by 1 November 2006. As the 3. Mr. Rabbitte asked the Taoiseach the pro- Deputies will be aware, I have indicated my gress with regard to the implementation of the intention to hold a referendum on the matter. recommendations of the Oireachtas All-Party The Government has acted on most of the key Committee on the Constitution; and if he will recommendations which have emanated from the make a statement on the matter. [4634/05] All-Party Committee on the Constitution. In all, this and the previous Government have brought 4. Mr. Kenny asked the Taoiseach if he intends forward ten referenda. The Government will holding a constitutional referendum in 2005; and avail of appropriate opportunities to take forward if he will make a statement on the matter. further recommendations of the all-party commit- [4636/05] tee. The complexities involved in holding a refer- 5. Mr. Sargent asked the Taoiseach the consti- endum require that careful consideration be tutional referendums the Government intends to given to the frequency with which referenda can 3 Ceisteanna — 12 April 2005. Questions 4 [The Taoiseach.] people understand the contents and significance realistically be held and the significance of the of the constitution. I note what the Deputy said issues in question. in the context of the referendum being defeated. Naturally I want to see it passed. There is no Caoimhghı´nO´ Caola´in: Fa´iltı´m roimh an other plan. Ultimately, it has to be passed in all Taoiseach tar e´is an sos. I welcome the Taoiseach countries. Last year the European Council laid back by giving him an assurance. If the electorate down procedures in regard to the issues that have votes in favour of the proposed EU constitution to be dealt with close to 1 November 2006. The in a referendum and, as the Taoiseach as indi- Government will do all it can, as will the website cated perhaps it may not be this year, I assure of the Department of Foreign Affairs, to ensure him that although my arguments will not have all the information is available. Nobody has any won I will not call for a second referendum. Will interest other than to explain the information and the Taoiseach reciprocate that assurance? Will he the details of what is a significant document for assure the House that in the event of the elect- the people to understand. orate rejecting the EU constitution in referendum that he will not again present the arguments in a Caoimhghı´nO´ Caola´in: Will the Taoiseach second referendum? That would be a fair assure the House—— exchange at the outset of this term and I hope the Taoiseach will reciprocate the assurance I have Mr. Quinn: Arising from the question will the given him. Taoiseach confirm that it is desirable to have the If the referendum on the EU Constitution is Referendum Commission established as soon as not to be held in 2005 when is it proposed to hold possible to address the issues raised by Deputy it? Is it possible that the Taoiseach will hold off O´ Caola´in and others that there should be full, so it can be held in tandem with an early general objective information available to as many citi- election in 2006? We are all interested to hear zens as wish to participate in obtaining that infor- what he has to say on that. mation? Will he agree that following that desir- Will the Taoiseach ensure there is full access to able objective it is necessary for the legislation to information on the text of the EU constitution? I be initiated sooner rather than later in this understand we are talking about 564 pages of text House? Given that it is a constitutional refer- but I do not want that to sound prohibitive. Will endum Bill it is required to be moved in this the Taoiseach outline the steps he proposes to House rather than the other House. If that Bill take to ensure full and fair access to all the rel- was moved between now and June it would evant information in the document? Has he noted enable the commission to be established for the the steps the Spanish Government has taken in preparation of information and for factual objec- the lead up to its referendum? What measures tive documentation to be prepared in a format does he and the Government propose to take? that maximises the transfer of information and Will he give an assurance to the House and the minimises the delivery of confusion which hap- electorate that a fair and balanced executive sum- pened in the past with some referenda. mary will be available, that it will not be the ped- I am aware that a referenda will be held on 29 dling of one line of argument but that all the pros May in France and in the Netherlands in June. and cons will be outlined in a fair and equitable Notwithstanding the prospects for those refer- way? enda, will the Taoiseach agree we should bring The website of the Department of Foreign forward the legislation sooner rather than later Affairs says there is a publicly accessible fund for for deliberation by this House and that the Refer- promoting information about the EU consti- endum Commission should be established with- tution. Will the Taoiseach assure the House the out delay? It is a matter for the Government to fund will be available to all sides in the argument decide the appropriate time for a referendum to and not to promote only one view on this be held to ratify the European Union Consti- important debate that has yet to get under way? tution which is a good thing and which brings together the existing five referenda and five treat- The Taoiseach: As I stated there is no Govern- ies which we have ratified. ment decision on the matter yet but the refer- endum has to take place before 1 November The Taoiseach: I agree with all the points made 2006. Preparations are already under way. Work by the Deputy. The sooner the House deals with on the legislation is under way. A Bill will come the legislation the better and, if possible, I would before the House sooner rather than later. The like to complete it. The establishment of the com- Referendum Commission will then put forward mission is crucial and that depends on the legis- the balanced arguments as per the procedures. lation. The information can then be dealt with in An explanatory document on the EU constitution the manner outlined by the Deputy, with which I has already been circulated. Work on a White agree. A decision on the date for the referendum Paper is well advanced. The EU constitution is can then be decided. available either from the Department of Foreign An explanatory leaflet on the European consti- Affairs or the European Commission on demand. tution is available in public offices and places. It is already on a number of websites. The Commissioner Wallstro¨ m made it clear during a Government is actively engaged in ensuring recent visit a few weeks ago that the European 5 Ceisteanna — 12 April 2005. Questions 6 Union would make the text of the European con- in producing a copy for every voter may not be stitution available on demand through its offices. necessary. It is available for those who wish to I accept that not many people will wish to read acquire it and is posted on the website. As on the entire text of the constitution but they may previous occasions, the Government will bring wish to read the White Paper and explanatory forward a White Paper and resources will be pro- memoranda and consider the objective case vided to the Referendum Commission.
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