It is clear from the Taoiseach's remarks that, like the rest of his Cabinet in Cheltenham, he would like to take an each way bet on the war. I return to the contribution of the Minister for Justice, Equality and Law Reform to the debate last night on the Labour Party's freedom of information Bill. He said that the Information Commissioner had exceeded his powers. I ask the Taoiseach whether he agrees that the Government has abused its powers. The commentary this morning universally describes the actions of the Government, in conceiving legislative amendments in secret, as excessive, repressive, draconian and unnecessary. The comments of the Information Commissioner make clear that the Government's proposed amendment to the Freedom of Information Act 1997 will effectively fillet the Act.

Is the Taoiseach saying that the documents released, for example, under freedom of information legislation which showed the differences that exist between the Department of Health and Children and the Department of Finance have somehow damaged the public debate on health? The week before last, a Beaumont Hospital memorandum was revealed. This morning, we had revelations about the Mater Hospital. Consultants in the Dublin region say that the 50 beds to be closed in the Mater are only the beginning and that between 300 and 350 beds will be closed in other Dublin hospitals. Doctors are idle, nurses are over-worked and patients are being denied access to beds, yet the Taoiseach is somehow saying that the public debate on this has been damaged by the release of documents under freedom of information legislation.

I ask the Taoiseach whether, at this late stage, he will accept the Labour Party Bill on freedom of information. That Bill would merely extend for one year the existing Act to allow for proper public consultation on a critical matter that informs the character of our democracy. Why does the Government persist in railroading its proposed changes through the Houses of the Oireachtas? I ask the Taoiseach whether he will, even at this stage, recall Cheltenham Charlie to at least defend the Bill amid the charade that is going on in the Upper House.

The Information Commissioner, in his report yesterday, stated that he would not comment on a Bill before the House. He went on to report on certain matters and to make suggestions which will be examined by the Department of Finance. Many of them, I believe, have already been examined by the Department of Finance as the report makes clear that they have been in correspondence for some time.

Deputy Rabbitte mentions matters such as reports from hospitals and correspondence between the Minister and chief executives of hospitals such as Beaumont, the Mater, the Wilton or any other. These will continue to be available under freedom of information legislation. The Government's proposed Bill has no implications for collective Cabinet responsibility, which is a constitutional provision, or for the deliberative process or working groups in Cabinet. As I outlined yesterday, information relating to matters of public interest, personal matters, travel and subsistence, use of the Government jet, communications between Ministers and chairmen and chief executives and staff employed as political advisers will continue to be available. It will not be affected by the proposed Bill.

It is not my fault that people continue to misunderstand this and to write about the issue in a way that is not factual. I can only state the factual position and hope that people listen to what I say. I cannot make journalists write it, but some of the points made in this morning's newspapers are untrue. Matters relating to the NRA, planning issues, the Competition Authority, valuations, local authorities and hospitals are not affected by the Government Bill.

In relation to health issues, the Minister for Health and Children has been asked questions on the national airwaves about what is going on. A process takes place at this time every year of dealing with the hospitals, including the teacher training hospitals in Dublin, which are under particular focus today. That process will continue for another few weeks. Some 24% of entire State expenditure this year will be devoted to the Department of Health and Children. The Department has received an additional €902 million since 2002. Of the entire expenditure increase provided for in the Book of Estimates for 2003 over 2002, 34% is allocated to the Department of Health and Children. We have increased hospital staff from 68,000 to 96,000. This figure was under 60,000 less than a decade ago. The Minister for Health and Children has received a large slice of available resources – over one third. I acknowledge that there are still difficulties. The Minister and his officials and the ERHA are trying to deal with them. They stem mainly from the fact that some hospitals have over-run their budgets for three years because they were insufficient to cope with their service demands. The Minister appreciates that, and I think that answers Deputy Rabbitte's question.

It is simply not true that the Information Commissioner does not concentrate on the deliberative process. At the heart of his criticism is the situation whereby a Secretary General can certify documents as being related to the deliberative process and, thus, not available for release. That is a fact. I ask the Taoiseach how he can reconcile the extent of cuts we are now seeing in the health service with statements by the Minister for Finance, who is away in Cheltenham and, no doubt, accepting the plaudits of the bloodstock industry, whom he protected from paying their fair share of taxation yet again. On 28 February, he stated that anyone who regarded the budgetary restrictions being imposed on Departments as cutbacks was "numerically challenged." We have heard this morning about 50 beds going in the Mater. Some 300 to 350 beds are to go in the Dublin teaching hospitals. Yet, the Minister for Finance went on to say that only a fool would describe what was going on in places like Beaumont and the Mater – where plans to treat 1,100 patients are being considered – as the result of Government cutbacks. I ask the Taoiseach whether he agrees with Cheltenham Charlie—

The Deputy should refer to the Minister by his title.

It would help if he was here.

—that only a fool would describe the cutbacks as having these effects.

I would totally object to anybody abusing the deliberative process. Let us be straight about the fact that the deliberative process ends at a particular period, so it cannot be abused within the legislation if the Secretary General certifies documents. I accept that somebody could allow the deliberative process to run for years, but that would be entirely against my wishes. There should be a clear end to the deliberative process.

Deputy Rabbitte will accept that Article 28.4 of the Constitution states that "the Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by the members of the Government" and that "the confidentiality of discussions at meetings of the Government shall be respected in all circumstances". I do not believe that the legislation does anything other than safeguard these constitutional provisions. Perhaps Deputy Rabbitte has a more secretive mind than me and will abuse the new legislation, but I will not.

Did the Taoiseach read Kevin Murphy's report?

I did.

Deputy Rabbitte should allow the Taoiseach to conclude.

Mr. Murphy gave an example of precisely this situation.

The Taoiseach's minute has concluded.

As I said yesterday, I will look carefully at what Mr. Murphy has said.

The Taoiseach shut him out and did not allow him to say anything.

Mr. Murphy issues reports all the time, but he is not the referee of the Constitution.

It was a good and truthful report.

The Taoiseach's minute has concluded.

The Minister for Justice, Equality and Law Reform does not believe that Mr. Murphy is entitled to any view.