Enda Kenny (Mayo, Fine Gael)
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Will the Taoiseach report to the House on his meeting with the British Prime Minister yesterday and the briefing both Prime Ministers were given by the Garda Commissioner and the Chief Constable of the PSNI? Were the Taoiseach and Prime Minister Blair given new information which further confirmed their stated views that the Northern Bank robbery was carried out by the Provisional IRA with the knowledge of the leadership of Sinn Féin? Can the Taoiseach confirm that both Governments are more clear in their understanding that such was the case? In particular, will the Taoiseach confirm that, following the briefings he was given yesterday, it is now apparently obvious that this bank robbery was being planned over a period of two years and that the Sinn Féin leadership was well aware of a so-called fund raising spectacular being prepared?

In view of the huge damage caused to the Good Friday Agreement and the break down of negotiations, will the Taoiseach repeat that the onus is on the republican movement to show clearly that it is committed to democratic politics and the path of peace and that a gesture of credibility which could be made by the IRA and the republican movement is the unilateral decommissioning of arms that will never be used and which have become the subject of barter in the negotiations? Does the Taoiseach believe they could do this as a measure of credibility and to show that they are serious about getting back to a position where negotiations towards a conclusion of the peace process can begin again?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will report briefly on yesterday's meeting. The meeting was divided into two sections. One was a briefing by Commissioner Conroy on his assessment, with Hugh Orde, Chief Constable of the PSNI. Both confirmed their positions, that is, Hugh Orde's public statement and the advice given to us by Commissioner Conroy. They believe that a number of operations which took place during 2004, not just the Northern Bank robbery, were the work of the Provisional IRA and would have had the sanction of the army council and be known to the political leadership. That was made clear without equivocation and unambiguously.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Did they present you with evidence?

Jim O'Keeffe (Cork South West, Fine Gael)
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Give back the money.

Willie O'Dea (Limerick East, Fianna Fail)
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Where is Deputy Ó Snodaigh this morning?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach without interruption.

Bertie Ahern (Dublin Central, Fianna Fail)
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The position is clear. Collectively, the two Governments and all the parties did an enormous amount of work last year and the previous year. That is set out in the joint declaration and in the working documents that were presented on 8 December in a complete position. If we get a definitive answer from Sinn Féin, for which both of us have asked, about how to deal with decommissioning and, as Deputy Kenny said, if we can get the progress that we were close to getting on 8 December, it would be helpful to the process now and into the future. The second issue is an end to paramilitarism and the related issues of criminality. That is the position.

As we both said yesterday, in a strange way the position is clear now. All the work on various aspects of equality, human rights, demilitarisation and other important issues is documented and listed and the position we are at is now in the public domain. There are no secrets about it; everybody knows it. We can build on those if we get a clear position, which means a road that brings us to the end of criminality, decommissioning and paramilitarism. We have addressed those issues as well. It is really a question of whether people are prepared to do that or not. I hope people are reflecting on that.

It is worth putting it on record again that the reason this is so important is that there is no possibility of getting any trust and confidence back with the parties if we cannot answer those questions. This is a difficult enough year anyway because of the local elections in the North, the general election in the UK and the UK having the presidency of the G8 and the EU Presidency. If we do not get clear positions on these issues, therefore, there is no possibility of us being able to build up trust and confidence over the months ahead. I have now talked to all of the parties. I had spoken to some of them before reporting to the House last week. I have spoken to all of them now and that is the position of all parties. It is not a question of the Government being able to move forward. There is no possibility of getting anywhere until we get answers to those questions.

Enda Kenny (Mayo, Fine Gael)
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Based on the information supplied by the Taoiseach and on his words, it is obvious that Sinn Féin has been negotiating with the Irish and British Governments over a period of time in very bad faith. Sinn Féin has clearly destroyed the level of trust by serious breaches of faith.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is totally untrue.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Ó Caoláin, it is Deputy Kenny's question.

Enda Kenny (Mayo, Fine Gael)
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It shows the level of folly of the Taoiseach's Government in putting on the table the issue of the early release of the killers of Detective Garda McCabe. The Taoiseach confirmed last week that the matter had been taken off the table. In the context of his comments about the re-commencement of negotiations, is the Taoiseach saying there will be no further negotiations with Sinn Féin until such time as criminality is ended or a statement of intent to end criminality is made by that party and the Provisional IRA? At issue is an end to smuggling of whiskey, knee-capping, punishment beatings, diesel laundering, confiscation of cigarettes, smuggling of vodka, bank robberies and all the other elements of racketeering and criminality which abound and are driven by the Provisional IRA with, as the Taoiseach says, the knowledge of the leadership of Sinn Féin.

Is the Taoiseach saying there will be no more negotiations with Sinn Féin until it states that criminality is at an end or we see it is at an end or is he just waiting for a statement of intent? When one follows the line of breaches of trust and confidence in the way Sinn Féin has negotiated to date, it strikes me as remarkable that in 2002, as the Special Criminal Court was told yesterday, election posters stating "Sinn Féin, No. 1 Ó Snodaigh" were found along with stun guns and CS gas in the boot of a car. That does not appear to be characteristic of a party intent on following the path of peace and democratic politics. I would like the Taoiseach to be as strong as he was last week in this area. He knows the view of the Fine Gael Party on dealing with criminality in all its forms and on seeing a full conclusion through peaceful, democratic negotiations to the Good Friday Agreement to allow the people of this island, North and South, to get on with the business of living their lives in the manner in which they should be entitled.

Dinny McGinley (Donegal South West, Fine Gael)
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It was canvassing equipment, in other words.

Bertie Ahern (Dublin Central, Fianna Fail)
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The overall objective is full implementation of the Good Friday Agreement. Unless we get clear understandings and a definitive position on what is classified as paragraph 13, which spells out in detail what we are talking about, we cannot make progress. Secretary of State, Mr. Paul Murphy, has a meeting today with Sinn Féin and a British-Irish intergovernmental conference has been set up. Talks and contacts will go on but the position is that until we get answers to the questions Prime Minister Blair and I put on the three areas of decommissioning, paramilitarism and criminality, we are not going to get anywhere. Everybody knows that. We have to get an answer on those issues. It is not a question of it all happening in negotiations, as Deputy Kenny knows, in December. While it was not all going to happen overnight, at least there was a clear plan of how it was going to happen. We are talking about whether that is possible.

I accept what Deputy Kenny said about what was going on while we were in the negotiations. There is no doubt that the planning and operation of these issues were taking place. I heard yesterday for the first time face to face from Hugh Orde, the head of the PSNI, and from the Garda Commissioner that the Dunmurry, macro and cigarette issues arose last year. There was no going around the houses in the conversations given their security briefings. Obviously, we were in negotiations then. Having said that, many of the issues over the years were taken on trust. All prisoners were allowed out at different times and we did all sorts of things on that basis. Many times one was ambiguous to try to make progress, as we both said yesterday and on previous occasions.

That was then and this is now. Things move on. We are trying to establish in Northern Ireland the Assembly for which people voted and the Executive to get the operation of the administration there working on a cross-party basis. We cannot do that unless we end these issues. Quite frankly, if we had succeeded in concluding these matters on 8 December, we would have been going through the period of preparation when events would have blown the roof off our houses. There is no doubt that we were not going to get anywhere as happened a few years ago when other issues arose. There is no point in trying to bring this to a conclusion unless we come to what the final issues are. For once, the final issues are clear to everybody. If that happens, all of the other issues we have signed up to in the joint declaration to bring peace, stability and confidence to improve the quality of life for everyone in Northern Ireland can kick in. We cannot do it the other way around.

Pat Rabbitte (Dublin South West, Labour)
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I wanted to ask the Taoiseach about his visit to London, but there is nothing more to be said on the matter. All the democratic parties in the House support the Taoiseach in what he has said.

Has the Government any proposals to address traffic chaos on the west side of the city? On 28 December, the Minister of State with responsibility for traffic, Deputy Callely, announced, as reported in The Irish Times, that he would bring National Toll Roads to heel on its proposed 20% increase in tolls. People would be prepared to pay reasonable tolls if there were not inordinate delays. As I am sure the Taoiseach knows, impossible circumstances are created in the entire west of Dublin especially at peak morning and evening times for commuters crossing the Westlink bridge or coming in from the adjacent counties of Kildare and Meath.

Clearly, nothing came of Deputy Callely's involvement and a 20% hike was imposed on the toll against a background of inflation of 2.2%. More importantly, imminent works to renovate the M50, including the construction of a grade separation at the Red Cow, will make things impossibly worse. Has the Government any proposals to alleviate the plight of motorists on the M50 and adjoining roads? Has the Taoiseach examined the contract which allowed for the construction of bridges? Is it the case that it would cost €400 million to buy back the Westlink bridge? Is the Taoiseach satisfied about the circumstances in which the contract was concluded? Are we precluded from building another bridge? Whatever the circumstances, we cannot attempt to create grade separations and an additional lane on either side of the M50 with all of the disruption that implies while continuing to allow the obstruction caused by the toll plaza. At the very least, some temporary relief will have to be negotiated with National Toll Roads consistent with its contract to allow people to travel to and from work while the refurbishment works are being carried out.

Bertie Ahern (Dublin Central, Fianna Fail)
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There are a number of matters to address in the context of the M50. I will deal with the tolling issue, the widening of the lanes, interchanges and the upgrading of the road. As Deputy Rabbitte knows, a contract is being prepared by the NRA on widening and improvements which will constitute a costly operation. I understand the NRA hopes the works will commence later this year. A buy out of the National Toll Roads contract has not been considered. Any such consideration would have to take account of the costs involved and the implications for the funding of the M50 upgrade project, which is linked. The Government has been advised that the solution to congestion on the M50, including the Westlink bridge, is the M50 upgrade project and the move to barrier free tolling. The technology is available and it is working successfully in other countries. This is the advice to the Government and the Department of Transport and they believe these two projects will help. The Comptroller and Auditor General is carrying out a preliminary review of the Westlink concession with a view to deciding whether to carry out a full value for money analysis.

The decision to increase the tolls on the Westlink was taken by NTR. The toll charges are within the minimum allowed under the agreement and the increase reflects the fact the tolls were held below the maximum level between 2002 and 2004.

Ruairi Quinn (Dublin South East, Labour)
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Because of the election.

Bertie Ahern (Dublin Central, Fianna Fail)
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The increase reflects a catching up on the indexation in the agreement between the NRA and NTR.

In reply to Deputy Rabbitte, I accept that during peak hours the M50 is, at times, like a car park and one could not argue against that but the solution to peak hour congestion on the route in the view of traffic engineers is the implementation of the M50 upgrade and barrier free tolling. The traffic level is higher than they believed it would be in 2015 or 2018 and they are examining the issue of building an outer link road but little work has been done on that. Many decisions on these issues were made 20 years ago using estimates of car occupancy up to 2015 but they are history.

The contract for the work on the widening on the road and on the interchanges will go ahead. It cannot be stopped at this stage and it is only a question of starting it. However, we should try to resolve the barrier free tolling issue quickly. I recently saw such tolling working enormously effectively in a country whose population is double ours. It is not the only problem relating to the M50 but this and other issues are being addressed by the upgrading, which will assist traffic flow.

Pat Rabbitte (Dublin South West, Labour)
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Motorists want to know when it is likely there will be alleviation and what will happen for the duration of the works, which I accept are necessary. It is proposed to put in a grade separation at the Red Cow interchange where works went on for three years on the Luas. Now we start all over again to put in a grade separation and this will create circumstances that are almost impossible for motorists. Between 7 a.m. and 9 a.m. and during peak hours in the evening the circumstances are impossible and full scale refurbishment works to put in new lanes and grade separations during this period will make it virtually impossible for motorists. What are the Government's recommendations?

The Taoiseach seems to have examined the contract and he stated a buy out is not feasible. Perhaps the contract entered into was imprudent from the point of view of the State and the taxpayer but we are stuck with it. When is barrier free tolling likely to be implemented? That is what the motorist on the M50 wants to know. It is unconscionable that he or she should be asked to continue to pay a toll during the period of refurbishment. Can a temporary relief be negotiated with the company to open the toll plaza for the duration of the works? Does the contract prevent the building of a new bridge? Is the Minister for Transport concerned about this issue? Will proposals emerge to provide alleviation for people not only from west Dublin who cannot get to work in the morning but from the surrounding dormitory towns, particularly in Counties Kildare and Meath?

Bertie Ahern (Dublin Central, Fianna Fail)
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There are three or four points. The Deputy accepts the additional works are vitally necessary and the Government has been pressing to get on with them. Procurement and related issues have been addressed.

The issue on the contract is because NTR is involved in the funding of the project, a buy out is not an option because that will affect the work.

The Deputy asked what alleviation can be provided to assist motorists during the period of construction. That is a fair point and I will address that issue with the Minister. There have been meetings on this issue but I do not know their conclusions. However, I accept the Deputy's point that if conditions worsen during construction, that will be a greater difficulty, which must be addressed. As the works will start in a number of months, that must be done now. The NRA, NTR and the Minister dealt with this last October and November.

I also asked to have the wider issue addressed last year by the Cabinet sub-committee on infrastructure. The discussions on the current contract went on for some time and it was tied up in 1984. However, the projections for 2015 to 2018 that were used have long been exceeded. Looking to the next decade, I do not believe that even the enhanced works will be enough. When the Spanish built their version of the M50 around Madrid, they also wisely built an outer road and this issue must be examined for the longer term. I accept the Deputy is raising the short-term inconvenience but there is no way the M50 will resolve the problem in the long term, even with the enhanced works. That is my view having listened to the presentation by the NRA and the Department of Transport.

Joe Higgins (Dublin West, Socialist Party)
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In view of Mr. Ray Burke being convicted of serious criminality and abusing high office as a Fianna Fáil Minister, can the Taoiseach explain why he appointed him to the Cabinet in 1997 and why he savaged those who questioned him for taking that decision given that he vindicated Mr. Burke in the strongest terms? The Taoiseach must explain because when Fianna Fáil was mired in corruption and sleaze in the 1980s, nobody believes he did not know what was going on. He was the party fixer and the runner for party leader, Mr. Haughey. It is simply not credible that he did not know what Mr. Burke and his team of cronies were up to regarding rezonings and land corruption.

The Taoiseach may have kept his own face out of the feeding frenzy at the speculator's trough but he knew it was there, he knew who was bucketing the swill into it and he knew the biggest snouts who were slurping from it but, unlike when I was a young fellow on a farm in Kerry when we had to take a stick to the greediest pigs, he simply left them at it.

John O'Donoghue (Kerry South, Fianna Fail)
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Animal farm.

Joe Higgins (Dublin West, Socialist Party)
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The Taoiseach knew but he said nothing because if he had, he would have gotten the Fianna Fáil equivalent of the concrete shoes, feeding with the small fishes on the back benches and he would not jeopardise his career by taking a moral stand. He knew and they knew that he knew. That is why to this day he is reticent to attack those found guilty of corruption and that is why he had to appoint Mr. Burke in 1997.

The Taoiseach's alleged investigation of Mr. Burke before appointing him was a sham. He has a method of contriving to look in places where he knows there are no answers to the questions. He had his head stuck in the fragrant trees of north Dublin when he should have been lifting the manhole covers from which the real odour was coming. However, he decided to look in the wrong place so he would not get the answers.

Mr. Burke lied when availing of the tax amnesty in 1993. The Taoiseach introduced it and crooks and gangsters availed of it to launder their ill-gotten gains but they only declared a little of those gains, as did Mr. Burke. Is it not time to reopen that file, publish the names and let the people know exactly what went on? Finally, Mr. Burke, as Minister for Communications in 1987, handed over our natural resources and our fabulous oil and gas wells to multinational companies with an unprecedented deal of no royalties and no State stake. In view of him being paid left, right and centre for other favours by land rezoners and the rest, are we not right to be completely suspicious of that deal? Will the Taoiseach now order a re-examination of those terms? Will he refer the issue to the Mahon tribunal or another investigation and take back for the people the wealth that was given away by somebody who has now been convicted of corruption?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy's time has concluded.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputy has made a statement of his views and there is no point in me trying to change any of them. As I said last week, the sentence imposed on Mr. Ray Burke on Monday of last week demonstrated that any citizen who breaks the law will face its full rigours. I am satisfied that justice has been done and been seen to be done. The people can, therefore, have faith in our system of justice. Of course, as Deputy Joe Higgins has reminded the House, the powers and rules of the tax amnesty and the penalties within that were where former Minister, Mr. Ray Burke, got unstuck. That is how he has ended where he is today.

Yes, I have been criticised for appointing Mr. Ray Burke to the Cabinet almost eight years ago. As I have said, my decision was based on what my bona fide view was then. If I knew then what I know now years later after all of the investigations, I would not have appointed him. Not only I, but several other Members congratulated him at that time. Even when he came before the House, people were prepared to give him the benefit of the doubt. That is what happens.

With regard to all of the other matters raised by the Deputy, he obviously has much evidence. I have not read in the newspapers that he brought all that evidence to the Mahon or Moriarty tribunals, but I think he should do so.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Just like the Taoiseach himself.

Joe Higgins (Dublin West, Socialist Party)
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This is extraordinary. The Taoiseach knows that everybody in the world except Mr. George Bush knew that there were no weapons of mass destruction in Iraq — everybody knew that. Everybody in the world knows that the Taoiseach knew what was going on. When Fianna Fail councillors could tell me ten, 12 or 15 years ago, with chapter and verse, what was going on — they were not involved in it but they knew the system of corruption of which Mr. Ray Burke was leader on Dublin County Council — the Taoiseach knew then. Will he tell us what he knew? Is he telling me that nobody from Fianna Fáil came to him in the 1980s or early 1990s and told him exactly the type of fixing that was going on between the speculators and his colleague Mr. Burke and others at that stage? That alone would have been a reason for not appointing Mr. Burke.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy's minute has concluded.

Joe Higgins (Dublin West, Socialist Party)
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The Taoiseach did not answer my question on the terms of the multinationals' exploitation of our natural gas and the fabulous wealth on the Corrib field. The licences Mr. Burke issued were referred to as "frontier" licences. This is quite appropriate because the cowboys obviously wrote the terms as far as the people are concerned.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy's time has concluded.

Joe Higgins (Dublin West, Socialist Party)
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However, when the Taoiseach moves his camp west every summer to Galway he still entertains them in his tent. Will he order a re-examination of those terms in order to take our wealth back following decisions that were, at least, questionable?

Bertie Ahern (Dublin Central, Fianna Fail)
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When I knew and it became clear to this House, the Government brought forward proposals, on which the House collectively agreed, to set up investigations into all these matters many years ago. Those investigations have examined all of the files in all the areas where they had any doubts, connections or involvement. They continue to do that to this day.

Unfortunately, I did not know all of the things the Deputy knew with certainty back in the 1980s. Even in the 1990s when as Taoiseach I was trying to make preliminary inquiries, they were not matters the Garda knew either. I put all of that on the record here many years ago. Rather than being here berating me for these issues, the Deputy should explain why he knew with certainty all of these matters were going on and about which he never made any statement. To the best of my knowledge, the Deputy has still not done this. I know Deputy Ó Caoláin, if I was saying what Deputy Joe Higgins has been saying, would ask where was the evidence. I suppose that is what Deputy Higgins himself would ask also. However, he should at least have made people aware of this. I know he never made me aware of it, and neither did anybody else, unfortunately.