Jim Daly (Cork South West, Fine Gael)
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Today's business shall be No. 5, motion re changes to Standing Orders 84, 108 and 111A; No. 13, Medical Practitioners (Amendment) Bill 2014 [Seanad] - Order for Report, Report and Final Stages; and No. 1, Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Bill 2016 [Seanad] - Second Stage. Private Members' business shall be No. 96, motion re the Money Advice and Budgeting Service and Citizens Information Service selected by Fianna Fáil.

Wednesday's business shall be No. 13a, statements on Northern Ireland; No. 6, motion re report of the Committee of Public Accounts re National Asset Management Agency's sale of Project Eagle; No. 14, Knowledge Development Box (Certification of Inventions) Bill 2016 [Seanad] - Order for Report, Report and Final Stages; No. 13, Medical Practitioners (Amendment) Bill 2014 [Seanad] - Report and Final Stages, resumed if not previously concluded, and No. 1, Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Bill 2016 [Seanad] - Second Stage, resumed if not previously concluded.

Private Members’ business shall be No. 97, motion re national children’s hospital, selected by the Rural Independent Group.

Thursday’s business shall be No. 15, statements on direct provision; No. 13, Medical Practitioners (Amendment) Bill 2014 [Seanad] - Report and Final Stages, resumed if not previously concluded; No. 16, Misuse of Drugs (Supervised Injecting Facilities) Bill 2017 - Order for Report, Report and Final Stages; and No. 1, Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Bill 2016 [Seanad] - Second Stage, resumed if not previously concluded. Second Stage of No. 25, Ethical Public Investment (Tobacco) Bill 2017, will be debated in the evening slot.

I refer members to the revised report of the Business Committee dated 28 March 2017 regarding today's business. It is proposed that:

(1) The motion re changes to Standing Orders 84, 108 and 111A will be taken without debate.

In respect of Wednesday’s business, it is proposed that:

(1) The Dáil shall sit at 10 a.m. for statements on Northern Ireland, which shall conclude within two hours. If the statements conclude before 12 noon, the House shall suspend until 12 noon and Leaders’ Questions shall commence at 12 noon. The statements shall be confined to a single round for a Minister or Minister of State and the main spokespersons for parties and groups, or a member nominated in their stead and shall not exceed 15 minutes each and all members may share time;

(2) Oral Questions to the Taoiseach shall not be taken; and

(3) the motion re report of the Committee of Public Accounts re National Asset Management Agency’s sale of Project Eagle shall conclude within two hours. The speeches of a Minister or Minister of State and the main spokespersons for parties and groups, or a member nominated in their stead, shall not exceed ten minutes each. A second round of 40 minutes shall be limited to members of the Committee of Public Accounts. The speeches of other members shall be not more than five minutes each and all members may share time.

In respect of Thursday's business, it is proposed that:

(1) The Dáil shall sit at 10 a.m. for statements on direct provision which shall conclude within two hours. If the statements conclude before 12 noon, the House shall suspend until 12 noon and Leaders’ Questions shall commence at 12 noon. The statements shall be confined to a single round for a Minister or Minister of State and the main spokespersons for parties and groups, or a member nominated in their stead, and shall not exceed 15 minutes each and all members may share time;

(2) The sitting shall suspend after the voting block for a period of 30 minutes;

(3) Questions to the Minister for Justice and Equality shall take place at 4 p.m.; and

(4) The Dáil shall sit later than 7.48 p.m. and adjourn on the conclusion of proceedings on Second Stage of the Ethical Public Investment (Tobacco) Bill 2017.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank Deputy Daly. There are three proposals to put to the House today. No. 1 is a proposal for dealing with Tuesday's business. Is today's business agreed to?

Micheál Martin (Cork South Central, Fianna Fail)
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It is not agreed.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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Not agreed.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I call Deputy Martin.

Micheál Martin (Cork South Central, Fianna Fail)
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There have just been three Leaders' Questions dealing with revelations that go to the core of public confidence in the credibility of An Garda Síochána and the administration of justice. The House should reflect that. More importantly, the political accountability for the administration of justice lies with the Tánaiste and Minister for Justice and Equality, Deputy Fitzgerald. The Oireachtas should be able to ask the Tánaiste questions on this debacle and the crisis of confidence in the integrity of An Garda Síochána and the administration of justice. It defies belief that the Tánaiste would not come forward today to answer questions on this issue, be they private notice questions or another formula, from Members of the House.

The Taoiseach spoke earlier about the need for accountability. Everyone is ad idem on the need for accountability. What signal is the House sending if the person with political accountability for the administration of justice does not come forward to show that accountability? Since this crisis has broken, the Tánaiste has run for cover and has not faced up to the-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We cannot have a debate on the matter.

Micheál Martin (Cork South Central, Fianna Fail)
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-----crisis that is engulfing the administration of justice. It has been passed on to the Garda Commissioner. The Garda Commissioner passes it on to an assistant commissioner. The cynicism is breathtaking. It is beyond belief that not addressing a policing authority is just an administrative oversight. The idea that the House can carry on nonchalantly for the next three days while the person with political responsibility and accountability does not see fit to come before the House, issue a statement on this issue and take questions is similarly beyond belief.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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On the same issue, everybody in the House is not ad idemon the issue of accountability because the Government, on the one hand, refuses to hold the Commissioner to account in the way it should and, equally, the Tánaiste is not being held to account in this House. That is an intolerable situation. The Taoiseach mentioned that the Tánaiste is to take a Topical Issue matter but that is an inadequate response. The Tánaiste must present herself, make a statement to the Dáil and allow for questions. That is the least we should expect from her. Questions have been put to the Taoiseach on these matters and in response he has been spoofing, but his spoofing is overshadowed by the evasion of the Tánaiste, his Cabinet Minister for Justice and Equality. As has been said, it is outrageous that in light of this series of scandals, we are not to have the opportunity to establish the facts, the Tánaiste's state of knowledge and her proposed course of action.

Brendan Howlin (Wexford, Labour)
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The Taoiseach informed the House earlier that the Tánaiste gave a detailed briefing - his words - to the Cabinet on these matters but the Tánaiste is constitutionally responsible to this House on these matters. It underscores the complete lack of understanding of the seriousness of this matter for the Taoiseach to think that a Topical Issue debate, where people raise local matters, is the way to deal with this issue.

Regina Doherty (Meath East, Fine Gael)
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Yes.

Brendan Howlin (Wexford, Labour)
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It is not the way to deal with it. I ask that the seriousness of this matter would be recognised with a proper set of statements, and allowing for questions and answers. I ask the Taoiseach to reflect upon that.

Mick Barry (Cork North Central, Solidarity)
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The Taoiseach is treating the House in a similar fashion to the way he would have done in the previous Dáil when his Government had a thumping majority in the House. He is not treating the House the way it should be treated, given that his Government is in a minority position and the fact that to satisfy even the basic norms of accountability the Tánaiste should, at the very least, come before the House, give an account of the current situation that pertains in the Garda, and answer questions from Members on that. If Members want to find space today as to when that could be done, I suggest there is an issue on the Order Paper that perhaps could wait for a week, namely, the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Bill 2016. I suggest that is not as pressing an issue as the scandal that has taken place in the ranks of the Garda and the silence we have from the Tánaiste. She should be here today with a statement to answer questions.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I point out to Members, solely for their information, that all Deputies who submitted this issue for discussion in the Topical Issue debate have been selected and that-----

Jonathan O'Brien (Cork North Central, Sinn Fein)
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They are getting two minutes.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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For clarity, 24 minutes will be available for that. A request for a special notice question was submitted and I regret to say that that request does not comply with the terms of the Standing Order so therefore it was not possible to accede to that.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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You can change the schedule.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Does the Taoiseach wish to respond?

Enda Kenny (Mayo, Fine Gael)
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A Cheann Comhairle, we changed the rules in this House so that business could be conducted in a more open way. The Ceann Comhairle has made a decision here that the Minister should answer two Topical Issue matters today with questions.

Brendan Howlin (Wexford, Labour)
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That is not fair to the Ceann Comhairle.

Enda Kenny (Mayo, Fine Gael)
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That is a decision of the Ceann Comhairle, and the Minister is quite willing to attend.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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You are the Government. You can change the schedule.

Regina Doherty (Meath East, Fine Gael)
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We cannot.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Can we have order to allow the Taoiseach respond?

Enda Kenny (Mayo, Fine Gael)
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Gabh mo leithscéal, I understand there was an attempt to submit a special notice question by the Fianna Fáil Party spokesperson. The Ceann Comhairle made a ruling, and his decision was that the Minister for Justice and Equality should attend in the House, which she will, to answer Topical Issue matters from two Deputies, with questions from each Deputy.

Ruth Coppinger (Dublin West, Solidarity)
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That is an absolute joke.

Mick Barry (Cork North Central, Solidarity)
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Statements were requested last Saturday.

Enda Kenny (Mayo, Fine Gael)
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At the invitation of Deputy Ó Caoláin, the justice committee will meet at 9 a.m. on Thursday morning with the Garda Commissioner to answer a range of questions.

Robert Troy (Longford-Westmeath, Fianna Fail)
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Obviously, she did not have the answers today.

Enda Kenny (Mayo, Fine Gael)
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We have the Garda Commissioner meeting with the Policing Authority. I have said the Government made a decision to have an independent analysis of all these figures and to examine a broader issue about the structure and the future of the Garda Síochána. We all need to get more information, and in some cases that information is not available to the Tánaiste and Minister for Justice and Equality.

Brendan Howlin (Wexford, Labour)
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She gave a full briefing to the Cabinet.

Enda Kenny (Mayo, Fine Gael)
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I say to Deputy Howlin that she will be very happy to give the same briefing to the House that she gave to the Cabinet this morning.

Brendan Howlin (Wexford, Labour)
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When?

Enda Kenny (Mayo, Fine Gael)
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This afternoon in the Topical Issue debate.

Micheál Martin (Cork South Central, Fianna Fail)
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On a point of order, during Leaders' Questions, I invited the Taoiseach to volunteer the Minister for Justice and Equality to come to the House, do the honourable thing, make a statement on what is probably one of the worst crises to hit An Garda Síochána and take questions on it. That was the way for many years in this House when crises happened. Private notice questions were the order of the day when a crisis happened in any Department. The Taoiseach knows in his heart that the raising of issues during Topical Issue debate is not a question and answer format. Let us not try to mislead or cod the public on that. That is not an accountability exercise. The Order of Business was obviously organised in advance of the revelations of these issues, so therefore there is an opportunity for the House to reorder business, as we did some weeks ago about the crisis relating to the Charleton inquiry.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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The Taoiseach may not be aware but we requested last Saturday that the Minister would come to the House and make statements. The Taoiseach knows that if he makes a request to the Ceann Comhairle to set aside time today for the Minister to come to the House and make statements, the Ceann Comhairle will contact all of the Whips who will meet and agree to that. It is very unfair for the Taoiseach to say that this is the Ceann Comhairle's decision. The Taoiseach can make a request to the Ceann Comhairle to set aside time and I ask him to do so.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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This will come to a vote so we need the Ceann Comhairle's guidance. He needs to tell us how we can get this matter on the agenda for today. This cannot be beyond his wit or ingenuity. As Deputy O'Brien said, we made the request on Saturday that there be a statement and an opportunity for questions. That is clearly what needs to happen. The Ceann Comhairle should advise us on how that will come to pass.

Ruth Coppinger (Dublin West, Solidarity)
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I certainly would not have thought that the Government would have the effrontery to think that the Topical Issue debate was an appropriate place to deal with the biggest scandal that has emerged in recent days. The public is outraged. We are talking about a million breathalyser tests being lied about and people paying the price in terms of extra penalty points, wage deductions, etc. The Minister must answer today. It will go to a vote and I can guarantee that we will make an issue out of this because we had to make an issue to get the Taoiseach to answer questions before. There are two solutions. We either take Government Business during those two hours later in the evening or the Taoiseach can scrap questions to the Taoiseach. I have two questions to the Taoiseach which I am happy to allow to be scrapped in favour of the Minister coming to the Dáil, but she should answer today. Only two people can get in during the Topical Issue debate. It must involve all parties and all groups.

Enda Kenny (Mayo, Fine Gael)
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Perhaps the Deputy should let the Minister answer. She has already been invited by the Ceann Comhairle to answer questions in the Dáil and give a briefing to the House. She is prepared to do that and that is in accordance with the rules for which Deputy Coppinger voted and which apply here. The Deputy wants to change them when it suits her. The Minister for Justice and Equality is attending here and will deal with this and give the same briefing she gave the Cabinet. She will take questions from the Deputies who raised the Topical Issue matter. The members of the Oireachtas Committee on Justice and Equality will deal for hours on Thursday with issues relating to this and I welcome that because it will provide an opportunity for information that we do not know to be made available directly to the Oireachtas by the Garda Commissioner. I understand the Garda Commissioner is meeting with the chairperson of the independent Policing Authority, which has independent oversight responsibility for An Garda Síochána.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Vótáil.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We can vote but I point out to Deputies that if we vote, we are not voting on anything that has anything to do with the Garda Commissioner because that is what is before us. If Members see fit, we can convene a meeting of the Business Committee at 3.30 p.m to come up with a proposal about how to move forward. Deputy Thomas Byrne asked a question about my refusal of a private notice question. I want to be very clear that in considering a private notice question, one must consider first and foremost whether it is a matter of urgent public importance, which it is, but one must also take into account whether there are other avenues available to Members to address the particular issue.

I took into account that I received the request for a private notice question after I had made a decision to call people for a Topical Issue. I am conscious of the fact that the Tánaiste and Minister for Justice and Equality will answer questions in the House on Thursday. I am further conscious of the fact that the Garda Commissioner is to go before the Joint Committee on Justice and Equality during the week. In my view, as far as the private notice question is concerned, there were quite a number of other avenues through which that particular matter could be considered.

Micheál Martin (Cork South Central, Fianna Fail)
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On a point of order, it might not necessarily have been out of order.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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It was not in order because there were-----

Micheál Martin (Cork South Central, Fianna Fail)
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Would it not have been done through ultra viresStanding Orders?

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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No. I do not think it would, but I made a judgment based on the opportunities, in accordance with long, long established precedent.

Enda Kenny (Mayo, Fine Gael)
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On that point also-----

Jonathan O'Brien (Cork North Central, Sinn Fein)
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If it was in order-----

Enda Kenny (Mayo, Fine Gael)
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The Whip's office did not receive a request from Sinn Féin for time. Sinn Féin may have gone to the Business Committee, but it did not come to the-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Are people in agreement that we will meet at 3.30 p.m.?

Jonathan O'Brien (Cork North Central, Sinn Fein)
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No, hang on. The Ceann Comhairle will tell me if this is in order because if we are going to agree that we will meet at 3.30 p.m., then that means we would have agreed the Order of Business as has been proposed. Can I propose that we adjourn for 30 minutes for the Business Committee to meet and bring forward a revised Order of Business? I would feel very uncomfortable voting on the current Order of Business without an agreement that the Minister would come before the House later today. I propose an adjournment for 30 minutes until the Business Committee can meet.

Ruth Coppinger (Dublin West, Solidarity)
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Could we not just agree the Order of Business while we are here?

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The business as set out before the House is not controversial. There is nothing to be gained by anybody-----

Jonathan O'Brien (Cork North Central, Sinn Fein)
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The problem is that it does not include the controversial issue.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I am giving the Deputy an undertaking that we will convene a meeting at 3.30 p.m. and if that requires a further proposal to be put to the House, we will come back with that further proposal.

Brendan Howlin (Wexford, Labour)
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That is fine.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We can come back at 4 p.m. or 4.30 p.m. with a further proposal if that is agreed.

Micheál Martin (Cork South Central, Fianna Fail)
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The next item on the agenda is Taoiseach's Questions which is about 45 minutes so at the end of that session it should be clear whether a resolution has been found.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Yes.

Micheál Martin (Cork South Central, Fianna Fail)
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If there is no resolution we could get back to the floor of the House.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Yes. Can I take it that the proposal for dealing with Tuesday's Order of Business is agreed to?

Brendan Howlin (Wexford, Labour)
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Subject to further amendments.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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No. It is either agreed to or not agreed to.

Enda Kenny (Mayo, Fine Gael)
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The Tánaiste and Minister for Justice and Equality has been invited to attend and she is attending.

Denise Mitchell (Dublin Bay North, Sinn Fein)
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The Order of Business is not agreed.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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It is not agreed.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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It is not agreed. Okay.

Ruth Coppinger (Dublin West, Solidarity)
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If I may make a suggestion; I do not know why we cannot agree. If we are agreeing the Order of Business to be discussed today, and we have the agenda in front of us, we have made a proposal that Government business would become the space in which the Minister would answer questions. I do not see any other way it could be done.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We have no-----

Regina Doherty (Meath East, Fine Gael)
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With respect, the Business Committee decides what goes on during Government Business. We have that committee in order that we might discuss ordering our business around a table as opposed to across the Chamber.

Ruth Coppinger (Dublin West, Solidarity)
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Matters have moved on since the the Business Committee met and the Minister of State, Deputy Regina Doherty, did has not taken that fact into account. That is the point.

Regina Doherty (Meath East, Fine Gael)
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They have and that is why we need another meeting.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Let me be clear. It is not a matter for the House to decide what happens in Government Business time.

Pearse Doherty (Donegal, Sinn Fein)
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Deputy Jonathan O'Brien made a very valid suggestion to the effect that we should adjourn at this point. There are ten minutes left for the Order of Business. If we adjourn now to let the Business Committee decide and if the latter comes up with a solution, then that can be included in a new Order of Business and Members can decide if they want to support it.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I will take that.

Regina Doherty (Meath East, Fine Gael)
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Can I make a suggestion?

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Yes.

Regina Doherty (Meath East, Fine Gael)
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I do not know why we would need to adjourn or why Taoiseach's Questions could not proceed. We could have the Business Committee meeting-----

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Because we do not trust that.

Ruth Coppinger (Dublin West, Solidarity)
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Because we might have to scrap them, that is why.

Micheál Martin (Cork South Central, Fianna Fail)
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Could I make a suggestion for a compromise?

Regina Doherty (Meath East, Fine Gael)
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We cannot scrap Taoiseach's Questions, we are governed by Standing Orders.

Micheál Martin (Cork South Central, Fianna Fail)
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Is it possible to adjourn the taking of the Order of Business until after Taoiseach's Questions, for the latter to proceed and for the Business Committee to meet in the interim? We could then take the Order of Business.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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That would make more sense. We could go straight into Taoiseach's Questions now and while they are being taken, we will convene a meeting of the Business Committee.

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I want to know about the debate on promised legislation and where it will fit in.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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It is not going to fit in now. We will convene a meeting of the Business Committee in Room 2 immediately and the House will proceed with Taoiseach's Questions.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Will we be coming back to Bills to be introduced?

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Yes, we will be coming back to them.