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Dáil
‹ Questions on Promised Legislation

Grace inquiry terms of reference

Summary

Deputy McDonald and others raised the withdrawn terms of reference for the Grace inquiry, criticising the short amendment window and lack of circulation to Members. The Taoiseach said the motion had been withdrawn and the terms would be reissued without undue delay, though he gave no firm timeline.

I am very glad to hear that the Minister of State, Deputy Finian McGrath, has withdrawn the terms of reference proposed for the Grace inquiry. It was very clear that the Minister of State and the Government made a huge error in seeking to exclude victims and families. I assume that the new terms of reference will remedy that situation. When will the new terms of reference be published? What opportunity will those of us on the Opposition benches have to amend those terms of reference? I am mindful that yesterday the terms of reference were seen by the media before Members of the Oireachtas saw them. In addition, a ridiculously tight timeframe was afforded to Members-----

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Deputy Howlin is correct in identifying that one hour was provided for Members to bring forward amendments. That is not a serious way to deal with these terms of reference. The Taoiseach has acknowledged the upset and anger that getting this wrong has caused. We certainly do not want a rerun of that. When will we see the terms of reference? Can the Taoiseach assure us that we will be given adequate space and time to consider those terms of reference and to bring forward amendments should they prove necessary?

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I call Deputy Ó Laoghaire on the same matter.

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It is also vitally important that terms of reference specifically would be circulated in adequate time. We all received the motion in adequate time but obviously we did not have sight of the terms of reference and it is these that will underpin the entire inquiry. It is crucially important that the terms of reference deal with the allegations of a cover-up right back to 1996, and further back if required.

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On the same matter, procedurally this is something about which we need to be clear. I had to find the terms of reference on the Department of Health's website. They were not available or attached to the order of the House. We were asked, within a one-hour timeframe, to amend a motion without having sight of the terms of reference to which it referred. Procedurally, the Ceann Comhairle's office should insist that when an issue such as this arises, the terms of reference would be circulated to Members as well as the formal motion adopting them.

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Enda Kenny The Taoiseach Fine Gael

That is part of the dilemma. Deputy McDonald described it as a huge error. The Minister of State, Deputy Finian McGrath, made a genuine attempt to deal with this matter because it is so important.

It is also important to say that the Act that sets these up requires the order to be laid before the House and the terms of reference to be separate. The terms of reference are approved by the Cabinet, that is, the Government. They are not voted on by the Dáil. However, it is important, in the light of contributions that have been made, that the Minister of State, having withdrawn the motion to set up the commission of investigation, is prepared to talk to people such as Deputies Howlin, McDonald and Ó Laoghaire and others from the parties opposite in order that the Government can amend the terms of reference to the suitability and acceptance of everybody. It is important for the Deputies to understand that the terms of reference are approved by Government. They can only be amended by Government, and this is the reason the Minister of State has withdrawn the motion. He wants to get it right and he can do so today by consultation with people. The Government can approve those amended terms if the Deputies are satisfied, that is, if that is what it takes. These may be a very small adjustments to satisfy people's demands and legitimate queries.

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When will we see the amended terms of reference?

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Enda Kenny The Taoiseach Fine Gael

This should not be unduly delayed.

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The Taoiseach was asked for a timeline for this.

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Enda Kenny The Taoiseach Fine Gael

It could take any amount of time.

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A meeting has been called for 2.10 p.m. in the office of the Minister of State, Deputy McGrath.

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