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Order of Business. (1 Jun 2010)

Brian Cowen: Are you all right, Paul?

Order of Business. (1 Jun 2010)

Brian Cowen: Let Deputy Connaughton not worry about that. I will stand up. It is no problem. As Deputy Connaughton knows, the ten year derogation in respect of those bogs is up this year. They are raised bogs under the habitats directive. I do not believe any responsible Member of the Government - or Deputy Connaughton, if he were one such - would suggest that we should expose the taxpayer to obvious...

Order of Business. (1 Jun 2010)

Brian Cowen: I ask the Deputy to allow me put on the record the position of the Government rather than have him misrepresent the position. First, we have made arrangements for those on the 32 raised bogs affected by the decision this year to meet their short-term fuel needs for the course of next winter through the setting up of a fund of €1 million. Second, we will continue discussions with...

Order of Business. (1 Jun 2010)

Brian Cowen: The Deputy should calm down.

Order of Business. (1 Jun 2010)

Brian Cowen: The information Bill will be in the autumn.

Departmental Records (1 Jun 2010)

Brian Cowen: The issue regarding the council mentioned by the Deputy is that the Government has indicated that the National Archives, the Irish Manuscripts Commission and the National Library of Ireland shall be merged into a new national library and archives of Ireland. That merger will require amendment of the National Archives Act 1986 and the National Cultural Institutions Act 1997. The Minister for...

Departmental Records (1 Jun 2010)

Brian Cowen: I have a recollection of the Deputy raising this matter before at Question Time. I do not have any relevant supplementary information to the question asked. I will have the matter checked out and come back to the Deputy.

Departmental Records (1 Jun 2010)

Brian Cowen: Under the legislation, the normal reporting mechanisms have been put in place regarding NAMA. Obviously, the statutory requirements there will be adhered to in the normal way. On the matter raised by the Deputy about the Ryan report, I will have to check on the situation. As he knows, the non-adversarial nature of the way in which people were able to bring their claims meant that statutory...

Departmental Records (1 Jun 2010)

Brian Cowen: I was making the general point that there is normal reporting mechanisms to the Houses of the Oireachtas in respect of the operations of NAMA. The banking laws that apply in this case apply as they do in respect of any banking transactions. Obviously, I cannot give any commitment that all this will come under the National Archives Act. I do not think that was intended at the time. The...

Departmental Records (1 Jun 2010)

Brian Cowen: The National Archives Act sets out the obligations on Departments to preserve records that are received or created in the course of performing official functions. One can then seek authorisation from the director of the National Archives prior to the destruction of any of these records. In other words, not all records per se must be archived and maintained, for obvious reasons. One can...

Leaders' Questions. (26 May 2010)

Brian Cowen: I made the point yesterday that the numbers sought to be validated not only relate to those who died in State care, but were widened to include those people who were brought to the attention of services and who may have passed away subsequently and, also, people who had passed the age of 18 years but who had passed away between that age and 21 years and who may have required after care...

Leaders' Questions. (26 May 2010)

Brian Cowen: It is neither, because Deputy Kenny's premise is incorrect. As usual, he brings forward some unrelated section of another Act and suggests that we should do the same in this case, as if all circumstances are the same. ...

Leaders' Questions. (26 May 2010)

Brian Cowen: Yesterday, Deputy Gilmore raised a legitimate query and asked if a section 4 direction would be possible. A direction under the Child Care Act would not be possible because it is not possible to give a ministerial direction contrary to the law.

Leaders' Questions. (26 May 2010)

Brian Cowen: Other legal provisions impinge upon the privacy of the individual. There are certain consent requirements for guardians, and so on. This is not a simple area of law. It must be dealt with properly. The best way to give legal certainty and provide the necessary information for the review group is to bring forward a change in the law that would allow for the exchange of information between...

Leaders' Questions. (26 May 2010)

Brian Cowen: I must make sure we have the legal means to enable the review group to do the job for which the Minister set it up-----

Leaders' Questions. (26 May 2010)

Brian Cowen: -----and meanwhile, that we get all necessary information, not just about those who died in State care but also those who were brought to the notification of the services and who subsequently passed away, or those who between 18 and 21, having reached the age of majority, may have required after-care services. That look-back over the past ten years has to take place.

Leaders' Questions. (26 May 2010)

Brian Cowen: The review group was set up on 8 March and in a subsequent letter to the chair of the HSE on 12 March, the Minister asked him to nominate a HSE employee to liaise with the review group in order to facilitate the work of Ms Norah Gibbons and Mr. Shannon. That person was nominated. The HSE had indicated to the office of the Minister of State with responsibility for children that it had met...

Leaders' Questions. (26 May 2010)

Brian Cowen: The HSE first shared this legal advice with the Department of Health and Children on Monday of this week. The difficulties identified relate to section 31 of the Child Care Act 1991, the in camera rule, data protection legislation and the issue of consent to the disclosure of personal or confidential information, including, as appropriate, the consent of surviving relatives. Having...

Leaders' Questions. (26 May 2010)

Brian Cowen: Really, Deputy McCormack's remark is ridiculous. It is not appropriate to throw out that sort of comment although it is a usual remark from him. I do not know why I reply to him because he should never be taken seriously. Everyone here is committed to getting the necessary information so that the people can carry on their task. That is why the review group was set up. It was the Minister...

Leaders' Questions. (26 May 2010)

Brian Cowen: On the substance of the Deputy's arguments, there is a requirement under the nursing homes Acts to notify the coroner in the event of a death of a person in care. There was a provision in the Coroners Bill in that regard also. That would not deal with the look-back situation; it is not retrospective in any event. There has been a new system in place since January. There were 23 deaths up...

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