Vol. 654 Tuesday, No. 4 20 May 2008 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 20 May 2008. Ceisteanna—Questions Taoiseach ………………………………… 703 Minister for Agriculture, Fisheries and Food Priority Questions …………………………… 715 Other Questions …………………………… 725 Message from Select Committee ………………………… 733 Adjournment Debate Matters …………………………… 733 Leaders’ Questions ……………………………… 733 Requests to move Adjournment of Da´il under Standing Order 32 ……………… 740 Order of Business ……………………………… 742 Chemicals Bill 2008: Financial Resolution ……………………… 752 OECD Report on Public Service Reform: Statements ………………… 752 Private Members’ Business Cancer Services: Motion …………………………… 775 Adjournment Debate Hospital Services ……………………………… 800 Urban Regeneration …………………………… 801 Questions: Written Answers …………………………… 809 DA´ IL E´ IREANN ———— De´ Ma´irt, 20 Bealtaine 2008. Tuesday, 20 May 2008. ———— Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m. ———— Paidir. Prayer. ———— Ceisteanna — Questions. ———— Tribunals of Inquiry. 1. Deputy Enda Kenny asked the Taoiseach the procedures in place in his Department for dealing with requests for files and information by tribunals of inquiry; and if he will make a statement on the matter. [3566/08] 2. Deputy Eamon Gilmore asked the Taoiseach the number of requests he has received since June 2002 to date in 2008 from tribunals of inquiry for files or other information held by his Department; the procedures in place within his Department for dealing with such requests; and if he will make a statement on the matter. [4659/08] 3. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the approximate number of requests since 2002 for files in his Department from tribunals of inquiry; and if he will make a statement on the matter. [4984/08] The Taoiseach: I propose to take Questions Nos. 1 to 3, inclusive, together. From time to time, there have been requests to my Department for files and information from various tribunals. My Department has co-operated fully with all such requests and will continue to do so in the future. Normally requests from tribunals are received by the Secretary General of my Department and assigned to the appropriate departmental officials by him. Appropriate replies sub- sequently issue when the requests have been considered and any relevant information or files have been identified. All inquiries to my Department from tribunals and all replies that are issued by my Depart- ment to tribunals are dealt with on a highly confidential basis, as required by the tribunals themselves. It would not be appropriate for me to comment on the substance or the number of requests received in my Department from tribunals. It is a matter for the tribunals them- selves to consider if and when to disclose such information in the interests of ensuring that the work of the tribunals is not encroached upon. 703 Ceisteanna — 20 May 2008. Questions Deputy Enda Kenny: I wish to ask the Taoiseach a number of questions on this matter. How many files have been supplied to the various tribunals by his Department? How many files have been requested and transferred to the various tribunals by his Department? Can he con- firm that the file dealing with the State’s purchase of the Battle of the Boyne commemorative site is one such file? The Taoiseach: As I said in my reply, I am not in a position to discuss, with regard to any of these matters, issues which the tribunals themselves have stated are highly confidential. It is a matter for the tribunals to disclose if they so wish. An Ceann Comhairle: I will allow Deputy Kenny to ask one supplementary question as we must move on to other Deputies. Deputy Enda Kenny: I have a few, a Cheann Comhairle. An Ceann Comhairle: I am sure the Deputy does. Deputy Enda Kenny: I wished to know the number of files transferred from the Taoiseach’s Department to the tribunals, but the Taoiseach has not confirmed this. He is reluctant to say whether the file on the purchase of the Battle of the Boyne site was requested. He did say that his Department co-operates fully in supplying the relevant information, which is gathered on a confidential basis, to the tribunals. However, there is a great deal of public information avail- able on the file to which I refer because of one person who was associated with the group that bought the site in 1997 for £2.7 million. The site was sold for £7.8 million two years later. Despite the fact that the Department of Foreign Affairs was opposed to the holding of such a commemoration, it was taken to a point at which the Taoiseach’s predecessor requested that a meeting take place between the then Minister for Arts, Heritage, Gaeltacht and the Islands, former Deputy Sı´le de Valera, and Deputy Se´amus Brennan to investigate whether it could be included in the millennium projects. The former Taoiseach did answer one question on this matter but subsequently refused to answer any other questions. I do not know what the Taoiseach has in front of him but perhaps he would comment on what was actually going on between the Department of Foreign Affairs and his Department and whether the person associated with the group that originally purchased the site was directly involved. It is a matter of public interest. Will the Taoiseach confirm that if questions are asked about the Battle of the Boyne site he will answer them, unlike his predecessor who shoved them off somewhere else? The Taoiseach: It is not a question of shoving anything off anywhere else. Deputy Enda Kenny: It is, because the former Taoiseach would not answer the questions. The Taoiseach: It is a question of appropriateness. We have set up tribunals of inquiry to look into various matters. The requests for information from the tribunal were made on a confidential basis and it would be improper for me to divulge the content of that correspon- dence. That is the situation as far as the tribunals are concerned. It is they who make the requests. People must understand that it would be totally inappropriate for me to divulge any information about the correspondence received in my Department from the various tribunals. All such queries comprise the private phases of the tribunals’ work. For reasons of confiden- tiality required by the tribunals I am prohibited from going into any more detail. We must respect the tribunals in the conduct of their work. That is the reason I must give the answer I am giving. 704 Ceisteanna — 20 May 2008. Questions An Ceann Comhairle: I must move across to Deputy Gilmore. Deputy Enda Kenny: Will the Ceann Comhairle come back to me? An Ceann Comhairle: Yes. Deputy Eamon Gilmore: Are there any requests for files that are still outstanding? In addition, was any request for files by any of the tribunals declined by his Department? The Taoiseach: No. In the body of my reply I confirmed that the Department has co-operated fully with all such requests and will continue to do so in the future. As I said, from time to time my Department has been requested by various tribunals to supply files and information, which has been forwarded to them. I cannot add to that. There is nothing outstanding as far as I know. Deputy Eamon Gilmore: Why is Taoiseach not more forthcoming on the questions asked by Deputy Kenny? What is preventing him from providing the information about a specific file that would confirm or deny what Deputy Kenny asked? The Taoiseach: I am advised — it is a requirement of the tribunal — that, for reasons of confidentiality during the private phase of the tribunal’s work, I am prohibited from going into further detail. If the tribunal wishes to pursue an issue, it will be put in the public domain in accordance with the tribunal’s procedures. As far as the tribunals are concerned, I am not in a position to discuss this matter further. Deputy Caoimhghı´nO´ Caola´in: Was the Taoiseach quoted accurately when it was reported that he stated there was merit in the view expressed by his predecessor that the tribunals of inquiry should be scrapped? The former Taoiseach has called for a review of the Tribunals of Inquiry Act. In what I have read of his comments, he called for future tribunals under new legislation to be under the supervision of an Oireachtas committee. Is it the Taoiseach’s opinion that there is a proposition for a hybrid? Surely it is either a case of tribunals of inquiry under new legislation and procedures or what could be described as an investigation by an Oireachtas committee. To what was the former Taoiseach referring and does it reflect the Taoiseach’s opinion on how these matters should proceed? Will there be further legislation in respect of tribunals of inquiry or will a mechanism be found? I suggest the merit of and seek the Taoiseach’s opinion on the usefulness of engaging in a public consultation process as to the means that should be employed for addressing matters of such import as those referred to tribunals. The Taoiseach: I cannot refer to the quote. I do not recall making that comment. I stated that there was merit in considering future procedures for investigating matters of public interest given that these proceedings have been ongoing for a considerable length of time, far beyond the contemplation of those who proposed establishing them originally. The Tribunals of Inquiry Bill 2005 provides for comprehensive reform and consolidation of current legislation to put in place a modern and comprehensive statutory framework governing all aspects of the operation of a tribunal from the time of its establishment to publication of its reports.