Micheál Martin (Cork South Central, Fianna Fail)
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The Government has announced the legal requirement to hold a referendum on the fiscal treaty. The legal advice, however, has not been published and I would like the Taoiseach to tell the House if he intends to publish that advice. It is my belief he should and that it would be helpful.

The public fundamentally need the most comprehensive form of information possible on this treaty, a request I am hearing a lot on the street from people, who want it explained to them in simple terms in a comprehensive manner. Will the Taoiseach outline to the House the timing he envisages for the holding of the referendum? Will it happen in May or in the autumn, as conflicting reports are suggesting? Will the Taoiseach tell the House whether the wording of the referendum Bill has been completed and, if not, when it will be finalised? Following on from that, could the Taoiseach give Members a timeline for the establishment of the referendum commission?

Some the Taoiseach's Ministers are saying the negotiations on the promissory note issue should be linked to the referendum. In a major interview in the Financial Times, the Minister for Social Protection, Deputy Burton, said a deal would be helpful, while the Minister for Transport, Tourism and Sport, Deputy Varadkar, has stated it would not be helpful to connect the two. The Taoiseach and the Tánaiste have said the two issues are not linked, nor should they be. Commentators like Mr. Quinn of Dow Jones came on "Morning Ireland" this morning and said emphatically that a deal has been done. Will the Taoiseach outline to the House what is going on? Is this the case? Has a deal been done on the promissory note? By any objective criterion and with any sense of natural justice independent of the signing of a treaty, a deal should and must be done, given that Ireland took the hit to protect the eurozone at a time when there was no European mechanism in place. Given what has been said this morning and that some Ministers are strongly hinting a deal has been done, will the Taoiseach confirm whether a deal has been done? Will it be done before the end of March? Will the Taoiseach clarify this issue in the House today?

Enda Kenny (Mayo, Fine Gael)
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I do not intend to publish the formal legal advice of the Attorney General except to say she advised the Government formally that, on balance, in consideration of the wording of the fiscal stability treaty, she considers that for it to be ratified, the people must be asked and a referendum must be held. I have been very clear all along that if the advice of the Attorney General was that a referendum should be held, then it should be. The decision not to publish the legal advice is in keeping with the long tradition of not publishing legal advice given by the Attorney General to the Government of the day. I agree fully with the Deputy that it is important that Irish citizens have the fullest possible information on what the treaty actually means. The questions of the future of the country and its people and our place in Europe are important for job creation, growth and continued investment.

No date has been fixed for the holding of the referendum. Deputy Micheál Martin is aware that it will be necessary to put together a referendum Bill which will have to take account of the question that will appear on the ballot paper. A referendum commission will have to be established and a competent person found to chair it. The publication of a fiscal responsibility Bill which will deal with the elements of the treaty that need to be enshrined in Irish law will also be required. The Government will reflect on these matters. The treaty has to be ratified by 1 January 2013, on which date the train for the future of Europe will leave the station. I consider it important that Ireland be clearly seen to be on that train.

I thank the Deputy for expressing his view of the country and support for the treaty. From his own experience he is aware of the timelines in this regard. There is a need to have a set period between publication of a referendum Bill and the establishment of a referendum commission. The Government will reflect on this matter again next week. The Tánaiste has written to the Attorney General on behalf of the Government and will bring a memo to the Government. The referendum has to be held before 1 January 2013 and the Government will consider the most appropriate date for it. People need to have sufficient time to obtain the fullest information possible on it. The Government has not yet made a decision on whether it will take place before or after the summer.

I have noted the comments made in the Financial Times about the promissory note. The Minister involved was responding to a specific question asked by the interviewer. I wish to make it clear that these matters are entirely separate. A great deal of intensive work and activity are taking place on the issue of greater flexibility for Ireland with regard to the payments it has to make. Clearly, if that work is brought to a successful outcome, it will enable Ireland to deal more adequately with its deficit and make it easier for it to repay its debts. There is no timeline in this regard and I have not put a timeline on it. I cannot speak for the governors of the eurozone central banks or the other elements of the troika.

The Deputy also asked about the comments made on national radio this morning by Mr. Quinn of Dow Jones. I can confirm that no deal has been done in this regard and that no deal of the order suggested by Mr. Quinn is on the table for decision. I will not heighten anybody's expectations. The Government is doing a great deal of work on this complex, difficult and sensitive issue in the interests of the nation. I will not stand up and commit to a heightened expectation that this can be delivered in a fortnight or three weeks. This is a serious matter for the country, the economy and the people. We will continue to work diligently, following the initiative taken by the troika when it undertook to produce a paper on the basis of the flexibility of what we have to repay with regard to the promissory note.

Micheál Martin (Cork South Central, Fianna Fail)
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I thank the Taoiseach for bringing clarity to some elements of this issue, particularly to the comments made this morning. I suggest some Ministers, whether they mean it, are adding to the sense of heightened expectation in relation to the promissory note.

Simon Harris (Wicklow, Fine Gael)
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What about the comments coming from the Deputy's colleagues?

Micheál Martin (Cork South Central, Fianna Fail)
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I refer to various comments, predictions and hints emanating from Ministers. In some respects, more remarks are coming from the Labour Party side than from the Fine Gael side.

Timmy Dooley (Clare, Fianna Fail)
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They are trying to take the credit.

Micheál Martin (Cork South Central, Fianna Fail)
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That seems to be what is happening. The more important part of the Taoiseach's reply was his suggestion "no timeline" applies to the negotiations on the promissory note. Is the Government not working to a timeline, in the light of the imminence of the first repayment that has to be made? European mechanisms in terms of banking issues which were not in place at the time are now in place. Surely there is a timeline leading up to the end of this month. I assume those who are working on this matter, including the troika, are very conscious of it. Does the Taoiseach envisage that it will be sorted before the end of this month?

Enda Kenny (Mayo, Fine Gael)
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To be honest, I cannot put a conclusion time on it because I do not control the attitude that might be taken by the governors of the other eurozone central banks. The Deputy is well aware that some countries take the view that others should be encouraged and helped. That is part of what the foundation of the European Union was about. People in other countries who are coming from a certain political perspective take the view that we got ourselves into this mess and that we need to get ourselves out of it. We take a very different view of how the European Union should progress in order to ensure every country can adhere to proper conditions, can have proper budgeting and housekeeping of its own affairs and can work to stimulate its economy in order that jobs and opportunities can be created.

I wish we did not have to deal with the promissory note issue, but it is the reality. The Deputy is aware that it came into being some time before Ireland entered into the bailout programme. Essentially, the principle surrounding our approach is that we are not looking for something that any other country could look for afterwards. It is important that there be an emphasis on the opportunity to apply the flexibilities under the EFSF and the ESM to the promissory note recapitalisation moneys of over €60 billion which were added to the sovereign debt and led to difficulty for us. I would love to be able to tell the House that I know a conclusion will be reached by a certain date. However, I am not standing here to heighten expectations that a conclusion will be brought to this issue.

Micheál Martin (Cork South Central, Fianna Fail)
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The Government has not yet put anything to the central banks.

Enda Kenny (Mayo, Fine Gael)
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I can confirm that discussions are continuing between officials at European level. However, I am not in a position to say a deal is on the table or that it will be defined by a certain date. Nobody should run away with the view that we have heightened the expectation that a "big bank solution", as some call it, will be reached. Ireland's economic problems are much more complex and much more sensitive than this. I can confirm that the Government's activity and energy, through its officials, are being channelled into this issue in a realistic way. Ireland has measured up during five detailed assessments by the troika. It has adhered to all the conditions laid down. We will look for an opportunity to gain further support here. If we secure a longer extension and a lower interest rate, it will make it easier for us to deal with the deficit and meet our repayments. Obviously, I will report progress to the House when it is made. However, I am not in the business of heightening expectations by suggesting we will have a solution to this complex matter by a certain date or time.

Gerry Adams (Louth, Sinn Fein)
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When the Dignity 4 Patients group presented the results of a survey this morning, it showed that 18% of respondents believed they had been subjected to inappropriate action or comment while in the care of a health care professional. It is 17 years since complaints were first made of the sexual abuse of patients at Our Lady of Lourdes Hospital in Drogheda. Three years have passed since the Minister for Health, Deputy James Reilly, tabled a motion calling for an immediate inquiry into the sexual abuse of patients at the hospital. The Taoiseach, the Tánaiste and the President who were in opposition at the time voted in favour of the motion. Níl mé ag ardú an ábhar seo díreach os rud é go bhfuil ceisteanna á chur ar an Taoiseach inniu. Tá sé á ardú agam toisc go bhfuil sé tábhachtach do saoránaigh atá fós ag fulaingt de bharr an mí-úsáid ghnéasach a dhéanadh orthu. Tá trí bliana imithe ó d'iarr an Teachta Reilly go mbeadh fiosrú ann.

When I asked the Taoiseach about this issue last November, he volunteered to meet Opposition Deputies. However, I did not ask for this. He promised to meet them again before Christmas and has repeated that promise since. I am still waiting, as are the other Opposition leaders, but more importantly, more than 200 victims and survivors are still waiting. Every delay brings fresh pain and anguish to them every day. I again ask the Taoiseach to instigate an inquiry into the alleged sexual abuse of patients in Our Lady of Lourdes Hospital in Drogheda.

Enda Kenny (Mayo, Fine Gael)
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Cuireann sé isteach go mór orm go bhfuil gá go mbeadh cúrsaí dlíthúil le leanúint dóibh siúd a cuireadh isteach orthu go mór de bharr na tragóide seo. Tá a fhios ag an Teachta, mar a dúirt mé cheana, go bhfuil an tArd-Aighne ag féachaint ar an deachracht atá ann faoi láthair, os rud é nár éirigh leis an Rialtas cruthú a fháil san reifreann a bhí ann ó thaobh iniúchta agus scrúdú ina mbeadh coistí an Oireachtais páirteach agus in ann é sin a dhéanamh.

Tá an tArd-Aighne faoi láthair ag díriú isteach ar cén bealach is fearr chun go mbeadh cúrsaí dlíthiúl ar fáil dóibh siúd atá lárnach sa rud seo. De réir an eolais atá agam, beidh freagra le fáil ón Ard-Aighne go luath. Nuair a bheidh sé sin agam, beidh mé toilteanach agus réidh chun go mbeidh cruinniú againn leis na Teachtaí ón Tuaisceart agus ón Deisceart faoin chás seo, mar tá a fhios mhaith agam go gcuireann sé isteach ar mórán daoine. Chun an fhírinne a rá, ní féidir liom, agus mé i mo sheasamh anseo inniu, freagra iomlán a thabhairt don Teachta go dtí go mbeidh an t-eolas agus an chomhairle ón Ard-Aighne faighte agam.

Gerry Adams (Louth, Sinn Fein)
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Tá an-éigeart ag baint le seo agus tá a fhios sin ag an Taoiseach mar is fear maith é i dtaobh rudaí mar seo. Táimid ag fanacht ach níl muidne tábhachtach ar chor ar bith. Tá saoránaigh eile ag fanacht fós.

Seventeen years is too long, given the all-party support for a commission of inquiry. There is no reason whatsoever this cannot proceed immediately. There are sexual abusers in all sectors of our society. There are sexual abusers in families. My father was a sexual abuser, and I have some sense of the anguish and the pain of these citizens. I meet them regularly and I know every time they meet, it is a revisiting of all that happened to them.

It was good enough for Fine Gael and the Labour Party to support a commission of inquiry when in opposition. There is no reason it cannot be established on terms acceptable to the victims and the survivors. I ask the Taoiseach to give a clear commitment on such a commission of inquiry. When in opposition the current Minister of Health put down a motion on this and it was defeated by only two votes. There is no reason, in my opinion, it cannot proceed. Until then, there is no reason Dignity For Patients cannot receive appropriate funding. Dignity for Patients has been advocating for this group for the past 17 years. This would never have come to light only for a brave woman who blew the whistle and highlighted what had occurred. Dignify For Patients, which is advocating for these citizens, is not even being properly funded by the Government.

Enda Kenny (Mayo, Fine Gael)
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I share the Deputy's view that this is a horrendous situation. I commend the whistleblower who brought forward this information in the first instance. I really empathise and sympathise with those who are the victims in this case. However, I do not want to stand up here and announce inquiries like that. I ask the Deputy to bear with me while the Office of the Attorney General provides me with the best advice on the best way possible to proceed. I am happy to sit down with the Deputy and other Deputies from the north-east region and have a rational discussion about ensuring justice is done for the victims.

I know that sometimes words can be twisted, and this is a sensitive matter, as the Deputy is aware. While funding was made available before, I had assumed - wrongly - that the referendum on Oireachtas inquiries to carry out investigations of public importance would be approved. It was not approved by the people, and we cannot, therefore, proceed down that route. I have asked the Attorney General on the best option available, as has the Minister for Health, and if the Deputy bears with me until I receive that advice, I will be happy to report to the House, answer questions about it and meet with Deputies from the north east.

Gerry Adams (Louth, Sinn Fein)
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That is almost exactly the same answer given to me on the last occasion.

Enda Kenny (Mayo, Fine Gael)
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Yes, but I have not got the advice, as the Deputy knows.

Shane Ross (Dublin South, Independent)
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I understand, from his replies to Deputy Martin, that there are many reasons the Taoiseach feels he cannot give us a date for the referendum. However, it seems to me to be more than coincidental that we are not getting a date either for the referendum or for the solution the Government is going to find on the Anglo Irish Bank promissory notes. It would be fair to draw a conclusion that one is dependent on the other. When we get one date, we will almost certainly get another date. For that reason, perhaps the Taoiseach will give the House an indication on when we can get a deal on the Anglo Irish Bank promissory notes.

The Minister for Communications, Energy and Natural Resources gave an interview to The Wall Street Journal last month stating that this would be done and dusted by 31 March. Perhaps the Taoiseach could confirm that. The Minister for Social Protection gave an interview to the Financial Times stating specifically that she was looking for a 50 year deal on the Anglo Irish Bank promissory notes. Can the Taoiseach state this is also Government policy? The Minister for Social Protection linked the two issues.

It seems there is a great deal of confusion on this issue, particularly as the Minister for Finance, whose area this is, appears to be the only person who is silent on it. Perhaps the Taoiseach could give us a specific indication of when we will get a deal or even a progress report on the promissory notes. We then might be more enlightened.

Enda Kenny (Mayo, Fine Gael)
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This is not just a matter for the Minister for Finance. This is a matter for every person in the country. This is not an issue that is confined to any one party or to any one Minister. This is an issue for the Irish people. It is a separate matter from a European Union treaty in that Ireland does not have the power of veto. It is not a case of saying I am going to vote "No" because it will stop this process in its tracks. Once 12 countries have ratified the treaty, it can come into effect. From that perspective, it is very important that Ireland has its own insurance policy against the future by being able to ratify the treaty very strongly.

The Minister for Communications, Energy and Natural Resources said he hoped it would be concluded by 31 March. The question of the promissory note and the discussions on it are entirely separate from the stability treaty. We could name 1,000 things that are all separate and were they to be dealt with tomorrow morning, the environment and the atmosphere would be very good. However, the position is that Irish people are very pragmatic about the choice they have to make here. The choice that they have to make is in respect of our country's future and the steps we have to take on the road to economic recovery.

It is not coincidental that a date has not yet been named. I came in this morning and ten different dates were thrown at me. Some of them were in the middle of the Eucharistic Congress. Others were in the middle of the European championships. There has to be a practical nature to what we are at as well.

Micheál Martin (Cork South Central, Fianna Fail)
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That depends on how well we do in the European championships.

Enda Kenny (Mayo, Fine Gael)
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The Government will look, as Deputy Ross will be aware-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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If they let us win, we might vote.

Enda Kenny (Mayo, Fine Gael)
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That may well be so-----

Micheál Martin (Cork South Central, Fianna Fail)
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What of the Connacht final?

Enda Kenny (Mayo, Fine Gael)
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The position is that we must consider what it is the referendum Bill will contain. As the Deputy will be aware, in the past it always has been a strong feature of referenda in Ireland that one does not insert too much detail into the Constitution and legislates for the details that are contained in treaties.

The Government will reflect on that next week. We will be in a much clearer position, once the timeline is set out, on the process of setting up the Bill, the referendum commission and the person to chair that, and how one proceeds afterwards to have a campaign that funds the case, both for and against, as applies and the difficulties that all of that has brought with it.

The fact that work has been ongoing on the promissory note for quite some time is not linked with the fact that the Attorney General gave her formal legal advice to which the Government is responding quickly. Deputy Ross should not get carried away that there is a longing and an expectation that this will be concluded, in so far as the promissory note is concerned, on 17 March or whenever.

A Deputy:

That is getting carried away.

Enda Kenny (Mayo, Fine Gael)
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There is much work and discussion going on here. However, as I stated to Deputy Martin in respect of his valid question, I am not standing here heightening expectations about this-----

Timmy Dooley (Clare, Fianna Fail)
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The Taoiseach can leave that to the Labour benches.

Enda Kenny (Mayo, Fine Gael)
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-----because I do not speak for the central bank governors of the eurozone.

Dara Calleary (Mayo, Fianna Fail)
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The Taoiseach should tell that to his Labour colleagues.

Enda Kenny (Mayo, Fine Gael)
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However, there is a deal of work going on with it. Obviously, I would like to be able to say here and now the matter is concluded beneficially. It is not.

Timmy Dooley (Clare, Fianna Fail)
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This is Labour's week.

Enda Kenny (Mayo, Fine Gael)
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There is a great deal of complex and sensitive discussions taking place.

Micheál Martin (Cork South Central, Fianna Fail)
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Explain that to Labour.

Enda Kenny (Mayo, Fine Gael)
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As soon as Government decides the date, we will announce that to the country and put in train the process. I am quite sure Deputy Ross, in his economic vista, will see the road out ahead for our country and will come around to the point of view where he would promote a strong "Yes" in this referendum.

Timmy Dooley (Clare, Fianna Fail)
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Surely the Taoiseach is not expecting a miracle.

Dara Calleary (Mayo, Fianna Fail)
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Is he asking Deputy Ross for more for less?

Shane Ross (Dublin South, Independent)
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The Taoiseach may be surprised. One would never know.

Robert Dowds (Dublin Mid West, Labour)
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This is not a time for sitting on the fence.

Shane Ross (Dublin South, Independent)
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I will respond to something the Taoiseach stated, which is important. He stated that the Minister who is sitting beside him stated he had hoped it would be done by 31 March. Can I quote from the article?

Simon Harris (Wicklow, Fine Gael)
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The Taoiseach will in return quote Deputy Ross.

Shane Ross (Dublin South, Independent)
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It states, "Minister Pat Rabbitte said that some sort of restructure will be agreed with the country's bailout lenders before the next annual repayment of the IOUs falls due next month." There is nothing wrong with him saying that, it if is true.

Timmy Dooley (Clare, Fianna Fail)
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But that was in America.

Shane Ross (Dublin South, Independent)
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If it is being diluted, that is fine. There is nothing wrong, by the way, with linking the Anglo Irish Bank promissory notes and a deal. My guess is-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Without guessing, could I have Deputy Ross's supplementary question?

Shane Ross (Dublin South, Independent)
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Yes, of course. My guess is that the Taoiseach will surprise himself how quickly-----

Timmy Dooley (Clare, Fianna Fail)
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It was an act of contrition.

Shane Ross (Dublin South, Independent)
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-----he will be able to come to the conclusion that it is time for a referendum when he announces, before 31 March, that the Anglo Irish Bank promissory deal is done. I would suspect the Taoiseach will surprise everybody in this House with the speed with which the Cabinet suddenly will be able to come to that conclusion.

Finally, can I ask the Taoiseach a question? The Taoiseach stated yesterday that there would not be a second referendum. What happens if M. Hollande is elected in France and he negotiates a new fiscal treaty, as he has promised?

Robert Dowds (Dublin Mid West, Labour)
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A good day for Europe.

Pat Rabbitte (Dublin South West, Labour)
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Deputy Finian McGrath is supporting it.

Shane Ross (Dublin South, Independent)
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Will we be then in a very awkward situation where we must hold a second referendum when we have already held one?

Timmy Dooley (Clare, Fianna Fail)
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A friend of the Minister, Deputy Rabbitte, this morning hoped he would be elected.

Enda Kenny (Mayo, Fine Gael)
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As Deputy Ross will be aware, there was no referendum being contemplated when the question raised by the troika was undertaken, which was, to do a paper in respect of the possibilities of flexibility on this promissory note. There was no referendum in train or being considered at that stage. That work was under way when the Attorney General, quite properly, gave her formal legal advice to the Government and the Government proceeded to act on the consequences of that. The process being set in train for the referendum, that is, the preparation of the referendum Bill, the appointment of a referendum commission and a person to chair that, the publication of the issues to be legislated for in a fiscal responsibility Bill, must be all put in place.

I genuinely want to see a rational discussion about the importance of the referendum on this treaty in order that every person in the country understands its importance for our future in as complete a way as can be explained.

I do not speak for M. Hollande. I know he has stated that if he were elected he would renegotiate the treaty. He is as much aware as anybody else that this treaty has been already agreed by 25 of the 27 countries, it must be ratified and the ratification process is under way. I cannot speak for the French electorate as to what it will do in the presidential election and I cannot say what efforts he, if he were to be elected, could make in respect of renegotiating the treaty. I pointed out that this was agreed by the French Government, as one of 25 countries of the 27. We move on, having signed it, to the process of ratification, which is different from one country to the next and which will involve a referendum here. That election takes place on 6 May and, obviously, the French people will make their own decision.

We need to make clear decisions about the process here. The Tánaiste and Minister for Foreign Affairs and Trade, Deputy Gilmore, who wrote to the Attorney General on behalf of the Government because it is a matter of intergovernmental treaties, will bring a memo to Cabinet, probably next week. Deputy Ross will have further opportunity to see the precise timelines. As I say, it must be either before the summer or after the summer. We do not want it to be too short, where people would not have the opportunity to have this explained to them and have their say, and to fully understand it.

For my part, I see the importance of this being given a very strong "Yes" support for the future of our country and for the future of our people. In due course, when we decide on the time, we will explain how important it is for everybody.