Bernard Durkan (Kildare North, Fine Gael)

I want to take up where Deputy Rabbitte left off. I have come to the conclusion that there is a constant conflict of interest between the roles of Government and the Opposition and the only way around this is to hold committees of inquiry. When the parties in Government were in Opposition, they had a clear and distinct view of the way the business of the House should be run. They believed they should be able to ask questions on any subject and have impromptu debates.

I do not accept the Minister for Justice, Equality and Law Reform's proposition that the legislation has been waiting on his desk for the past nine months and that he would have brought it to the House several times were the Opposition willing to co-operate. That is rubbish. The Opposition was ready and willing to deal with the legislation as soon as it could be brought into the House.

This is not something that can be dealt with at the whim of any Minister. The Opposition also has rights in the House. It is a matter for the Minister to respect the House of Parliament and not treat it like an appendage. Parliament is the place where the Government is held to account and the Opposition intercedes, challenges and rightfully delays the passage of legislation if there is a need to do so.

When the Government was in Opposition in the 1980s, considerable latitude was given by the then Chair to raising questions which, strictly speaking, were not in order on the Order of Business. It was a common ploy to ask a Minister a leading question which he or she could brazen out, but it might lead to embarrassment, especially if the Member followed it up by suggesting that the item in question would be raised on the Adjournment that night. The Minister had two options in that case. He or she could answer the question there and then or have it hanging over his or her head like the sword of Damocles until 11 p.m.

Things have changed since then; everything has been regulated. The result is that the Order of Business has almost become inept with no allowance made for any kind of spontaneity because the Government is seeking to protect itself. Ministers become indignant if questions are asked. Some of them behave in a similar way as a certain Roman emperor who had a penchant for music and continued to indulge his passion while flames virtually consumed his nether regions. The Government should not become pompous, abrupt or in any way arrogant with the Opposition. It should learn from past experience and recognise that it is better to have open, honest and effective debate and provide answers to questions in the House. That would be preferable to the pretence that goes on here from time to time.

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