asked the Minister for the Environment if he is preparing legislation to deal with the increasing dog population of this country and the resulting serious social problems created by such an increase in numbers.

32.

asked the Minister for the Environment if, in view of the statement of the National Action Committee for Dog Control that only about 18 per cent of dogs in Ireland are licensed, he will undertake a new self-financing system of dog control.

33.

asked the Minister for the Environment the action he proposes to take arising out of the recent memorandum from the National Action Committee for Dog Control which suggested the establishment of a council for dog control and a self-financing system for dog control for the whole county.

(Dublin South-East): I propose, with the permission of the Ceann Comhairle, to take Questions Nos. 31 to 33, inclusive together.

Departmental responsibility for the Dogs Act, 1906, and the Diseases of Animals Act, 1966, rests primarily with the Department of Agriculture and the preparation of proposals for any amendment of these codes would therefore be a matter for that Department. Neither my Department nor the local authorities have any statutory functions in regard to the licensing or other control of dog numbers and this limits the relevance for my Department of the memorandum referred to. Planning authorities are, however, empowered to assist a body or persons providing homes or shelters for stray or unwanted dogs or cats and my Department operate a scheme of grants for the recoupment to planning authorities of 50 per cent of the expenditure incurred by them on such purposes. A sum of £75,000 is provided in my Department's Vote to finance this scheme in the current year. While, therefore, as I have explained, the local authorities do not have a direct responsibility in regard to control of dog numbers, this scheme enables them to play an important supportive role in dealing with some of the problems involved.

Is the Minister of State aware that his colleague, the Minister of State at the Department of Agriculture, has been reported as saying that he is now preparing a scheme along the lines of the one raised by Deputy Hussey? Will he agree that local authorities have a greater role to play that he has indicated in that it is they who must provide the sites and the facilities for dog pounds if the scheme is to be implemented?

(Dublin South-East): I am fully aware of the role local authorities play in this respect. I have had eight years experience in Dublin Corporation and the matter was raised on many occasions. If the Deputy studies the content of my reply, I think he will agree that it covers adequately the questions that have been asked of me on this occasion.

My question was to establish if the Minister of State was aware that one of his colleagues has said he is preparing legislation in an area in which he said his Department are involved. Can he give us any further details about that?

(Dublin South-East): I will look into the matter.

The remaining questions will appear on tomorrow's Order Paper.

On a point of order, I must raise with the Chair the matter of a question that has been disallowed which related to asking the Taoiseach whether the Government are still meeting and acting as a collective authority——

The ruling is that when questions are ruled out of order Deputies may not question that. If the matter is not satisfactory the Deputy may come and discuss it with me but it cannot be raised now. That is the ruling of the House.

On a point of order in relation to that matter which concerns the collective responsibility of Government Ministers for Government policy, I should like to point out that I do not think it is within the competence of the Chair to rule out this question. I do that by referring the Chair to the relevant provision in the Constitution, namely, Article 28.4. in which the powers of Government——

We cannot have a debate on that matter.

I wish to point out to the Chair that under the relevant provision in the Constitution——

At Question Time Deputies are not allowed to read out quotations. The Deputy may send me a letter about it or come to me and discuss it but he may not raise it here. When a question is ruled out of order, that ruling may not be discussed in the House.

I submit that a constitutional provision that imposes a duty on the Government and on the Taoiseach of the day over-rides any orders or rules of the House. In this regard the relevant provision in the Constitution provides that the Government——

I cannot allow the Deputy to pursue the matter now.

I submit——

The Deputy may submit it to me and I will have another look at the matter. The Deputy is quite welcome to send me a note on the matter and I will pursue it further on his behalf.

In the context of what I have said, will the Chair reconsider the question as being resubmitted?

I will look at the matter again for the Deputy in the light of the new information supplied by him.

May I ask the Chair to look at Article 28.4 of the Constitution? With respect, I refer the Chair also to the very excellent chapter in the book written by my constituency colleague, Deputy Kelly——

If the Deputy comes to my office and shows me that I will be glad to go over it with him.