Dáil debates
Wednesday, 9 February 2005
Order of Business.
11:00 am
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 4, Finance Bill 2005 — Second Stage (resumed); and No. 1, Garda Síochána Bill 2004 [Seanad] — Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 4 shall, if not previously concluded, be brought to a conclusion at 7 p.m. Private Members' business shall be No. 40, motion re Northern Ireland (resumed), to be taken at 7 p.m., or on the conclusion of No. 4, whichever is the later, and to be brought to a conclusion after 90 minutes.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal for dealing with No. 4, the conclusion of Second Stage of the Finance Bill 2005, agreed?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed.
Trevor Sargent (Dublin North, Green Party)
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The Finance Bill is a considerable body of work. It should not be curtailed in this fashion, in fairness to those who prepared it and considering the needs it is supposed to address. I asked earlier that several issues, such as the biofuels sector, be given far more consideration. I hope a more extensive debate will help the Government to introduce more informed and relevant amendments on Committee Stage. Such amendments are not in the Bill as it stands and it does not look like the Government is prepared to introduce them. We need more discussion on the Bill to tease out the matters it is not addressing at present.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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While I appreciate that a certain amount of time has been provided to debate this important legislation last evening and this evening, the imposition of a guillotine is unacceptable. The Finance Bill is introduced every year to implement the budget proposals — this Bill relates to budget 2005. I cannot predict how much additional time will be required to debate the Bill after 7 p.m. I do not think the debate on the Bill should be brought to an end in such a fashion. All Members should be allowed to participate in a discussion on legislation of such critical importance. The Government should have provided for an open-ended debate. The Whips could have gauged how much time was required, but they did not do so. A guillotine is being imposed on the legislation on Second Stage, in effect, and it is likely that it will be repeated on further Stages. I strongly object to that because this Bill is of huge importance. All Members should have the chance to participate in the debate. I know all the Sinn Féin Members will not be able to do so because of the time restrictions being proposed.
Brian Cowen (Laois-Offaly, Fianna Fail)
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It was not even raised at the Whips' meeting.
The Dail Divided:
For the motion: 75 (Bertie Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Seán Ardagh, Niall Blaney, Johnny Brady, Martin Brady, John Browne, Joe Callanan, Ivor Callely, Pat Carey, John Carty, Beverley Flynn, Mary Coughlan, Brian Cowen, John Cregan, Martin Cullen, John Curran, Noel Davern, Noel Dempsey, Tony Dempsey, John Dennehy, Jimmy Devins, John Ellis, Frank Fahey, Dermot Fitzpatrick, Mildred Fox, Pat Gallagher, Jim Glennon, Noel Grealish, Mary Hanafin, Mary Harney, Seán Haughey, Máire Hoctor, Joe Jacob, Cecilia Keaveney, Billy Kelleher, Peter Kelly, Tony Killeen, Séamus Kirk, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Tom McEllistrim, John McGuinness, Micheál Martin, John Moloney, Donal Moynihan, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Charlie O'Connor, Willie O'Dea, Liz O'Donnell, Denis O'Donovan, Noel O'Flynn, Batt O'Keeffe, Ned O'Keeffe, Fiona O'Malley, Tim O'Malley, Tom Parlon, Peter Power, Seán Power, Dick Roche, Mae Sexton, Brendan Smith, Noel Treacy, Dan Wallace, Mary Wallace, Joe Walsh, Ollie Wilkinson, Michael Woods)
Against the motion: 13 (Dan Boyle, Martin Ferris, John Gormley, Marian Harkin, Séamus Healy, Joe Higgins, Finian McGrath, Paddy McHugh, Arthur Morgan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Eamon Ryan, Trevor Sargent)
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Boyle and Morgan.
Question declared carried.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business agreed to? Agreed.
On the Order of Business I call Deputy Kenny.
12:00 pm
Enda Kenny (Mayo, Fine Gael)
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I was interested in Deputy Morgan's question on section 31 and the way he spoke about IRA volunteers. Now that Sinn Féin is no longer an interpreter for the IRA it might withdraw the advertisement on its website for T-shirts carrying the slogan "Undefeated Army — IRA". Maybe he was speaking about the old IRA.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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It seemed appropriate in the light of the Deputy's comment on section 31 that the party no longer interprets statements from the IRA.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The request was under Standing Order 31.
Joe Walsh (Cork South West, Fianna Fail)
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The Deputy must wait for the chief of staff.
Enda Kenny (Mayo, Fine Gael)
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Deputy Ó Caoláin will have his opportunity to speak this evening on Private Members' business. I heard him ask on RTE television last night that Fine Gael give him time. He has the proper time according to his mandate.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does Deputy Kenny have a question appropriate to the Order of Business?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Deputy would like to see section 31 reinstated.
Enda Kenny (Mayo, Fine Gael)
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Will the Taoiseach say when we are likely to see the broadcasting authority Bill?
Deputy Ó Caoláin will get his five minutes in accordance with his mandate.
Paul Connaughton Snr (Galway East, Fine Gael)
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That is too much time.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I will use it effectively.
Enda Kenny (Mayo, Fine Gael)
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The Deputy should use it appropriately and for once stand up and speak the truth.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Deputy Kenny need not worry.
Bertie Ahern (Dublin Central, Fianna Fail)
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The broadcasting authority Bill will come before the House this year.
Liz McManus (Wicklow, Labour)
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Yesterday a large cohort of children was subject to a most scurrilous and abusive attack. The most surprising aspect of this attack was that it took place in a national newspaper of good repute.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question appropriate to the Order of Business?
Liz McManus (Wicklow, Labour)
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Yes. Does the Taoiseach share my concern, and that of all Members of this House, that such abuse is levelled at children who cannot defend themselves?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy must find another way of raising this matter.
Liz McManus (Wicklow, Labour)
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Will he ensure that under promised legislation, whether by way of the defamation Bill or the promised press council, or by revisiting the incitement to hatred legislation, we protect children from this kind of attack?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy knows she is out of order.
Liz McManus (Wicklow, Labour)
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I have asked a legitimate question. Will the Taoiseach respond?
Bertie Ahern (Dublin Central, Fianna Fail)
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The defamation Bill is scheduled for later this year.
Trevor Sargent (Dublin North, Green Party)
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Publication of the electoral (amendment) (no. 2) Bill is expected in this session. Given that there are court proceedings on this matter has the date of publication been revised or will it be on the schedule for this session?
The energy (miscellaneous provisions) Bill will give the Minister power to give general policy directions to the Commission for Energy Regulation. Will the remit of the Bill cover non-traditional forms of energy and relieve our dependency on fossil fuels, particularly in the area of biofuels?
Bertie Ahern (Dublin Central, Fianna Fail)
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The electoral (amendment) (no. 2) Bill will be taken in the coming weeks. The energy (miscellaneous provisions) Bill will be taken later this year.
Olivia Mitchell (Dublin South, Fine Gael)
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Regulations to increase parking fines were promised for early January under the Road Traffic Act 2004. These refer specifically to fines for people using parking spaces reserved for the disabled. When will that regulation be brought forward?
Bertie Ahern (Dublin Central, Fianna Fail)
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I will check that for the Deputy and inform her about it during the day.
Tommy Broughan (Dublin North East, Labour)
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Does the Taoiseach have any sense of shame? He was wearing a hard hat a couple of nights ago——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy has a question appropriate to the Order of Business we will listen to it.
Tommy Broughan (Dublin North East, Labour)
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Has he considered, with the Minister for Health and Children, bringing forward any kind of emergency legislation or regulation to cover the problems in accident and emergency units? Last night, for example, in Beaumont Hospital——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question appropriate to the Order of Business?
Tommy Broughan (Dublin North East, Labour)
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It is the Taoiseach's responsibility. He runs the country. He comes in here every day and we have lengthy discussions about God knows what but perhaps the most important issue in the country is not discussed.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy has a question for the line Minister he should submit it to that Minister. If he has a question appropriate to the Order of Business we will listen to it here.
Tommy Broughan (Dublin North East, Labour)
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The Taoiseach is not putting forward the kind of resources we need.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should resume his seat.
Tommy Broughan (Dublin North East, Labour)
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The intolerable situation that existed in Beaumont Hospital last night is not acceptable. It is shameful and disgraceful. When will the Taoiseach take some action?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It appears to the Chair that Deputy Broughan wishes to leave the House and if so the Chair will facilitate him. Does the Deputy wish to leave the House?
Tommy Broughan (Dublin North East, Labour)
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I want an answer from the Taoiseach.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy knows how to submit a question according to Standing Orders.
Tommy Broughan (Dublin North East, Labour)
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I have submitted them in the past.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy wish to leave the House?
Tommy Broughan (Dublin North East, Labour)
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I will leave the House.
Willie O'Dea (Limerick East, Fianna Fail)
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That was what the Deputy wanted so that he could get a cheap headline.
Gay Mitchell (Dublin South Central, Fine Gael)
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Is it intended to circulate the EU constitutional treaty referendum Bill in this session? When is it likely to be passed by the House and when will the referendum be held?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Government is engaged in the preparation of the Bill. We are considering the many legal issues surrounding it and hope to discuss those with the parties during this session. We may not have the legislation but we will discuss the issues.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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A Bill to amend the Misuse of Drugs Acts 1977 and 1984, the Irish Medicines Board Act 1995 and the Clinical Trials Act, namely the Irish Medicines Board (miscellaneous provisions) Bill is promised for this session before the summer recess. Will the Taoiseach indicate whether that Bill will be presented during this session and how soon it will be published?
Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of the Irish Medicines Board (miscellaneous provisions) Bill were approved last autumn and the Bill will come before the House in this session.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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ESB charges increase regularly yet it is difficult to get the ESB to bring power for which payment has been made to new houses. Will the Taoiseach advise us when the electricity Bill will come before the House so we can discuss these issues?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Durkan raised that question yesterday and received an answer.
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be next year.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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We must wait another year.
Joe Sherlock (Cork East, Labour)
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The Taoiseach and the Minister for Finance, to both of whom I have sent letters, are present today. Will they advise me as to which High Court proceedings are preventing them from bringing in the ground rents Bill as——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should address that question to the line Minister. It is not appropriate under Standing Order 26.
Joe Sherlock (Cork East, Labour)
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I will put the question to the Taoiseach. What type of issue in the High Court is preventing the introduction of this Bill?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is in the Supreme Court but I do not know exactly what is happening. I will communicate with the Deputy on this matter.
Beverley Flynn (Mayo, Fianna Fail)
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When can we have a debate on No. 48 on Tuesday's Order Paper regarding infrastructural development under the national development plan?
I thank the Minister for Finance for his very kind letter explaining the situation which I would also like to debate in the House if it is possible to allow some time for it.
Pat Rabbitte (Dublin South West, Labour)
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The Deputy is on the way back. Old friends are best.
Bertie Ahern (Dublin Central, Fianna Fail)
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We can debate that with the party Whips to see whether it is possible to discuss this matter some time.