Dáil debates

Thursday, 28 April 2005

10:30 am

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)

Regarding the Deputy's first question about the Green Paper, the treaty provisions governing judicial co-operation in civil law matters provide that Ireland has an opt-in to measures in this area either when a proposal is tabled or following its adoption. If the Commission were to come forward with proposals arising from the Green Paper, which is by no means certain, Ireland would have a choice whether to opt in to the measure. Ireland is not bound by any measure to which it does not opt in. Our entitlement to opt in to civil law measures is preserved by protocol 19 of the new constitutional treaty which was negotiated during our EU Presidency. Similarly, decision-making by unanimity is retained for the purposes of family law matters. In respect of any issue that might arise, the Government's starting point will be that any measures taken in this area will not be allowed to undermine our domestic law on divorce.

The Dormant Accounts (Amendment) Bill 2004 is no longer on the list because provisions envisaged for this Bill will be incorporated in the financial services consolidation Bill.

The Leader of the Opposition may or not be aware that I recently revised the guidelines regarding appraisal of capital projects and I refer him to the details in respect of the role the National Development Finance Agency will now play with regard to the relative size of projects. In many cases, matters are not held up because of any delay in the NDFA. Environmental and other issues also come into play.

Regarding section 96 of the Children Act, I will refer back to the Deputy when I have spoken to the Minister.

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