THERE were heated exchanges when the Opposition demanded that the Taoiseach clarify the Cabinet's role in the State's decision to challenge the legal proceedings for aggravated damages taken by the late Mrs Brigid McCole in the hepatitis C scandal.
The Fianna Fail leader, Mr Bertie Ahern, said the Minister for the Environment, Mr Howlin, a former Minister for Health, had said on the RTE programme Liveline that the Cabinet made a collective decision on the legal strategy to be used in the case of Mrs McCole.
Yet, on at least five or six occasions, the Minister for Health, Mr Noonan, had said he had dealt with the matter himself. "Taoiseach, you cannot have it both ways. One Minister or another is wrong. I would like to hear your answer on who is telling the truth," Mr Ahern added.
Mr Bruton said there were three defendants in the case the National Drugs Board, the Blood Transfusion Service Board (BTSB) and the State. The drugs board and the BTSB had separate legal teams and separate insurance regarding liability. "They pursued their own independent legal decisions and strategy on their own advice and authority."
As far as the Minister for Health was concerned, he had kept the Government informed of the situation as it developed in a general way. The Government had received formal legal advice that the State, as distinct from the BTSB, did not have a liability in the matter. A Government had to take due account of legal advice when it was accountable for public funds.
Pressed further by Mr Ahern the Taoiseach accused him of being more concerned with personalities than the issue. "The Government acted in this matter in accordance with legal advice, as any Government defending the appropriate interests of the taxpayer would have to do."
He added that when this was taking place, the Government's priority was to set up a non adversarial system for the quickest dispensement of compensation to the victims.
Mr Bruton said the Government was collectively responsible for all its acts. "Everything that any Minister does, whether it is done on the authorisation of a Cabinet decision or not, is something for which he is collectively responsible with all his colleagues.
Replying to the Fianna Fail spokesman on health, Mr Brian Cowen, he said no pressure had been put on the BTSB by the Government relating to the legal Strategy followed by the board.
Earlier, Mr Cowen sought unsuccessfully to have an emergency debate following Mr Howlin's remarks relating to the "inappropriate conduct of the State in the handling of the Brigid McCole case".
The PD leader, Ms Mary Harney, said that in opposition Mr Bruton had been critical of the then FF Labour government for not allowing time for a question and answer session during the debate on the beef tribunal report.
Yet the Government had provided no time on Tuesday for questioning the Minister for Health at the conclusion of the debate on the report of the hepatitis C tribunal. She demanded to, know when deputies would be able to question Mr Noonan and Mr Howlin on their "mishandling" of the issue.
Mr Bruton said Mr Noonan, when replying to the debate, had endeavoured to answer all the questions raised. He believed that his reply was extremely comprehensive. It was open to deputies to table further questions on the matter and those would be answered in full.
THE Government has accepted in principle a Fianna Fail private member's Bill making Sunday working optional for employees of retail stores.
The Minister of State for Labour Affairs, Ms Eithne Fitzgerald, said she would not oppose the Bill, which was debated on Tuesday and yesterday, going to committee. But it was clear that many of its provisions might be examined more closely and might benefit from further consultations with the social partners and other interested groups, she added.
Introducing the Protection of Workers (Shops) Bill, the Fianna Fail spokesman on labour affairs, Mr Tom Kill, said that, traditionally, the opening of retail stores on Sunday was largely confined to newsagents, small groceries and neighbourhood shops. Since the early 1980s, high street retailers, suburban centres and small independent supermarkets had introduced Sunday trading.
In the summer of 1994, Dunnes Stores and Marks and Spencer opened their doors to the public on Sunday in Grafton Street, Dublin. Others had followed suit and, given current trends, it was quite conceivable that Sunday would become a normal shopping day in the near future. A worrying "free for all" had developed, which was highlighted by the recent decision of some retail stores to open on Easter Sunday.
Mr Kitt said the Bill had been drafted with a view to balancing the rights of the employee while at the same time allowing the employer flexibility to run a business efficiently and without undue constraint. It would not apply to a relative of the proprietor or owner of a shop. Small corner shops would not be affected.
He said the Bill provided for the payment of not less than time and a half to an employee who worked on Sunday. Employers must give not less than four days notice to employees opting for Sunday work.
This would deal with the unacceptable use of "zero hour contracts" where employees were given little or no notice on working time, he added.
Mr Kitt said that Sunday work in the retail sector was synonymous with casualisation in the work place. "This Bill gives us an opportunity as legislators to put down a marker relating to the dangerous drift towards casualisation and part time employment in this State."
Ms Kathleen Lynch (DL, Cork North Central) said small and medium sized retailers were already bearing the economic brunt of social change.
Workers in the retail sector were already seeing their jobs threatened by "fire as you like" casual labour. In Dunnes Stores fewer than 10 per cent of the staff were full time in 1995. Despite strike action, protracted negotiations and Labour Court recommendations, there had been little substantial improvement in the situation, said Ms Lynch.
