Attorney General advice on fatal foetal abnormalities Bill
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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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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I was not there but obviously the briefing confirms the Attorney General's advice to the Government.
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Could we all see it?
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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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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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Could we see it?
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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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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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We all have to vote on this.
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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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-----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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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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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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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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-----with regard to the capacity of the Committee on Procedure and Privileges to have independent advices provided to the House.