Michael D Higgins (Galway West, Labour)

I wish to raise an issue we had before on the Order of Business. In January 2006, I raised the matter of two treaties that had not been placed before the Dáil relating to agreements with the United States. On foot of that, the Department of Foreign Affairs began in March 2006 a trawl of all agreements not placed before the Houses.

The Order Paper from yesterday contained almost 280 different agreements, falling into three clear categories, and this issue affects the Order of Business. Some are simply administrative, some are possibly administrative and some involve charges. Therefore, under Article 29.5 of the Constitution, these require approval of the Dáil. For example, there are several relating to the European Bank for Reconstruction and Development and some relate to European treaties. Where they involve a charge, it is clear that under Article 29.5 they must not only be laid before the Houses but need the approval of the Houses.

I have two questions. Will we have an explanation of which of the matters laid in yesterday's Order Paper are clearly administrative, those for which Dáil approval by way of being laid before the Houses is being sought and those for which approval will be sought before the dissolution of this Dáil? What is the legal status of any of these in the event of the Dáil being dissolved? On a superficial reading, it would seem there would be a clear breach of Article 29.5 of the Constitution.

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