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Dáil
‹ Order of Business

Attorney General advice on fatal foetal abnormalities Bill

Summary

Deputies challenge the reported briefing of Labour members on the Attorney General’s advice concerning Deputy Clare Daly’s Bill and seek access to the advice before voting. The Taoiseach confirms only that the Government was advised the Bill is unconstitutional, while maintaining the longstanding policy of not publishing Attorney General advice.

With regard to legislation on the Order Paper - namely, Deputy Clare Daly's Bill on fatal foetal abnormalities - it was stated earlier that there was no precedent for the putting of the Attorney General's advices before the House. However, my understanding is that in 1983, the then Minister, Mr. Barry Desmond, read into the Dáil record in full the Attorney General's advices on the legislation relating to Article 40.3.3°. I ask the Taoiseach to confirm whether the members of the Labour Party are being briefed on the Attorney General's advices on the Bill before the House. We read in the media that they are to be briefed. If one group of Deputies is being advised on this matter, all Deputies should be briefed. The Taoiseach might confirm the position for me. It would be a good day's work for transparency if the advices were published.

With regard to the Health (General Practitioner Service) Bill, the rolling out of free GP care to under sixes is in jeopardy as hundreds of GPs across the country are refusing to sign up to the Government's plans. The National Association of General Practitioners, which comprises a very large body of GPs, is now calling on its members not to sign up to the Government's proposals. We are all aware of the position of children over six. I am aware of a very sad case of a child with very severe cancer who is being refused a medical card by the HSE. Other cases, which were before the House last week, involved children with significant conditions and complications who have been refused medical cards. The difficulty people have is that children under six who are healthy will be getting medical cards while those over six who are very severely ill will not. When can we expect the Health (General Practitioner Service) Bill? When can we see the commencement of the scheme for under-sixes?

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Enda Kenny The Taoiseach Fine Gael

The Deputy raised two questions, the first of which was on the Attorney General's advice. Obviously, the Attorney General was asked formally at Cabinet about Deputy Daly's Bill. The Attorney General confirmed that, in her opinion as legal adviser to the Government, the Bill is unconstitutional as framed. Obviously, I do not speak for any Minister briefing the members of the Labour Party in terms of making sure that briefing confirms what the Attorney General actually said to the Government, namely, that the Bill is illegal.

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The important point is that if one group of Deputies was briefed, all Deputies should be so briefed. It would be extremely unprecedented if there were a special briefing for one group and not the others. I believe the Taoiseach accepts that point.

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Enda Kenny The Taoiseach Fine Gael

I was not there but obviously the briefing confirms the Attorney General's advice to the Government.

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So there was a briefing.

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So there was a briefing?

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Enda Kenny The Taoiseach Fine Gael

I do not know. I am not at the Labour Party meetings and I do not know. I have seen the reports myself to the effect that the party was to be briefed.

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Could we see the advice before we vote?

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Enda Kenny The Taoiseach Fine Gael

I have told anybody I met that the Attorney General briefed the Government to the effect that the Bill is unconstitutional.

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Enda Kenny The Taoiseach Fine Gael

I am saying that publicly.

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On a point of order-----

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Seán Barrett An Ceann Comhairle Fine Gael

This is not on the Order of Business.

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The Bill is on the Order Paper and Deputies have asked for the Attorney General's advices.

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Enda Kenny The Taoiseach Fine Gael

I have pointed out that for very many years-----

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Why should some get the briefing when we do not?

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It would be extraordinary if one group of Deputies got the advices while another group did not.

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Enda Kenny The Taoiseach Fine Gael

The former Minister Mr. Desmond may have read something into the Dáil record. For very many years, however, it has been consistent policy not to publish advice given by the Attorney General.

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So the Taoiseach gets to see it and we do not.

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The Labour Party is getting to see it.

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Enda Kenny The Taoiseach Fine Gael

I do not propose to do that-----

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Seán Barrett An Ceann Comhairle Fine Gael

Hold on a minute. This is the Order of Business.

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Enda Kenny The Taoiseach Fine Gael

-----except to confirm that the Attorney General gave formal legal advice to the Government that the Bill, as framed, is unconstitutional.

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So the Taoiseach is hiding-----

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He will not show us the proof.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Deputy Boyd Barrett is not the Government.

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We have got to vote on it. How are we supposed to do so if we do not see the evidence?

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Enda Kenny The Taoiseach Fine Gael

In respect of the rolling out of GP cards for under-sixes, the negotiations are proceeding very well. I have seen some of the reports in respect of one group of doctors. Deputy Martin should note that €37 million in extra money, over and above everything else, has been allocated for this particular reason. The Minister is confident that he can have this introduced by summertime.

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Under Standing Orders, the Committee on Procedure and Privileges, as one knows, is empowered to provide legal advices to the House. A very unusual set of circumstances has arisen in that, according to the Taoiseach, certain Deputies are being briefed. That is now definite and has been confirmed.

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Seán Barrett An Ceann Comhairle Fine Gael

Sorry; we are not getting into that.

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No one else has been briefed in regard to the Bill. In future, the Ceann Comhairle might call all Members of the House-----

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Seán Barrett An Ceann Comhairle Fine Gael

The Deputy has had his run.

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-----with regard to the capacity of the Committee on Procedure and Privileges to have independent advices provided to the House.

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Enda Kenny The Taoiseach Fine Gael

To clarify that, I am confirming that the Attorney General confirmed to the Government that the Bill, as framed, is illegal. That is the only briefing that has been given to Deputies.

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