Executive has no function in release of men, says Harney

Earlier, a furore over the release of five men questioned about a £3 million drug seizure dominated the order of business yesterday, and led to the House being suspended for 15 minutes.

With the Tanaiste, Ms Harney, presiding in the absence of the Taoiseach, opposition parties repeatedly sought an undertaking that the Minister for Justice, Mr O'Donoghue, would outline the full circumstances following the cannabis seizure in Dublin at a market-gardening outlet. Questions on this were ruled out of order.

After Ms Liz McManus (Democratic Left, Wicklow) and the Fine Gael spokesman on justice, Mr Jim Higgins, sought an adjournment to discuss the release, the Tanaiste said the executive "has no function in this".

"The nomination of District Judges to carry out specific functions under the Drug Trafficking Act is a matter for the President of the District Court and it would be inappropriate for me to comment," Ms Harney added.

The Fine Gael leader, Mr John Bruton, asked if the role of the Garda Siochana would be addressed. "The Minister for Justice has been very free in demanding accountability from others in the past. Is he is going to accept his share of responsibility?"

The Labour Party leader, Mr Ruairi Quinn, said a statement was necessary "to explain to a public, which simply cannot believe what has happened, what has in fact happened and what action he might take. Will this Minister of Justice, who never kept his mouth shut in opposition, open it in Government?"

Shouts of "zero responsibility" were heard from opposition benches, but the Ceann Comhairle, Mr Seamus Pattison, said that what the Minister might say or not had nothing to do with the Order of Business.

Mr Pat Rabbitte (DL, Dublin South West) said the seizure provided some hope for communities within his constituency ravaged by drugs "when the Minister for Justice posed amongst the potted flowers at the weekend" where the cannabis was found.

But this had been "reduced to a shambles" as a result of the releases with some still at large. "If this had happened under the previous government, what type of rampage would we have had?"

When the house resumed, Mr Bruton asked if the Tanaiste might reconsider her comments on the courts being responsible for what had happened, when it was his understanding that the Garda did not comply with part of the act.

After the Ceann Comhairle again ruled out discussion, Mr Bruton submitted that the Taoiseach, Mr Ahern, had been given "considerable latitude" by the chair when in opposition.

Mr Sean Barrett (FG, Dun Laoghaire) accused the Ceann Comhairle of protecting the Government but subsequently withdrew the charge.

On other business, Mr Quinn noted there was only 12 sitting days before the Dail adjourns for Christmas and resumption on January 28th. With the Budget now coming before Christmas and pressure on the Government's legislative agenda, there was no need for such "a wilful waste of time".

Traditionally, he said, it was taken as the Budget was being prepared. "The rest of the country go back early in the new year, why can't this House?"

Ms Harney said the break was the same as every other year. Addressing Mr Quinn, she added: "You'll need quite a lot of time to recover from the great Budget that Government are going to propose on December 3rd before you'll be able to function again."

"A Budget of U-turns and somersaults," Mr Quinn replied.