Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 108: To ask the Tánaiste and Minister for Health and Children the steps she has taken to ensure that her Department complies with the decisions of the High Court of 6 March 2002 and of the Supreme Court of 16 July 2003 that any ministerial order having the effect of creating an indictable offence is [i]ultra vires;[/i] if this decision has been upheld by her Department; and if she will make a statement on the matter. [23127/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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In the time available, it has not been possible to collate the information requested. However, my Department will establish the position and respond to the Deputy as soon as possible.