Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 12, technical motion re Further Revised Estimate — Vote 34; No. 13, motion re referral to joint committee of proposed approval by Dáil Éireann for a directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters, and a regulation of the European Parliament and of the Council establishing a European small claims procedure; and No. 1, Veterinarian Practice Bill 2004 [Seanad]— Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 12 and 13 shall be decided without debate and in the case of No. 12, any division demanded thereon shall be taken forthwith. Private Members' business shall be No. 49, motion re management of public expenditure.

Séamus Pattison (Carlow-Kilkenny, Labour)
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There is one proposal to be put to the House. Is the proposal for dealing with No. 12, motion re Further Revised Estimate, and No. 13, motion re referral to joint committee, without debate agreed? Agreed.

Enda Kenny (Mayo, Fine Gael)
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Shortly before he single-handedly broke through the tunnel from Whitehall to Dublin Port, the Minister of State at the Department of Transport, Deputy Callely, announced a €15 billion transport programme. When will we see the Dublin metro Bill arising from his endeavours?

Crack cocaine is becoming a major addictive drug in Dublin. It costs €1,000 per day to feed this psychologically addictive habit. When will we see the drug offenders Bill before the House?

Arising from what Deputy Sargent said, before the Taoiseach left for Warsaw yesterday to campaign for the world, he said we should meet the consequences of the obesity report head on. Does the Minister for Finance intend to introduce a Supplementary Estimate this year to allow schools that do not have sufficient space either to acquire or lease space so that children can run and play in school yards and get the required amount of physical activity? Is it the intention of the Government in meeting this report head on to make physical education a compulsory part of the curriculum?

Some time ago we discussed the ten-point action plan approved by the Government for accident and emergency services. Will the Minister for Finance confirm whether the order has been placed for the provision of a second MRI scanner at Beaumont Hospital? Will he update the House on the development of minor injury units promised in that plan to remove chest pain and respiratory clinics from accident and emergency units? It was the first point in the ten-point plan.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Deputy Kenny should address questions on the detail of the ten-point plan to the Tánaiste who has front line responsibility. I do not have the information available to me for Order of Business.

I am advised the Dublin metro Bill is not due until next year. The drug offenders issue will be dealt with in the Criminal Justice Bill. I announced in the House on budget day my willingness to examine a ten-year programme for transport as an exceptional matter given the long lead-in times and the multi-annual capital programme envisaged by such a policy. Discussion is continuing within Government on that matter. I must examine it in the context of overall Government planning and expenditure in the future. When that work is completed and decisions are made, the Government will make announcements.

Liz McManus (Wicklow, Labour)
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I am sure the Minister for Finance is aware that an EU directive now sets standards for the donation, testing, processing, storage and distribution of human tissue, including reproductive tissue. When will we have a debate in this House on the commission's report on human reproduction? As we must comply with that directive by next April, when will the human tissues Bill be introduced in the House?

Brian Cowen (Laois-Offaly, Fianna Fail)
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No decision has been made on that matter. As Deputy McManus is aware, the report from the commission was published last week and it will require everyone's most careful consideration.

Liz McManus (Wicklow, Labour)
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Does that mean the Bill will not be in place to meet the requirements of the EU directive?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It means that no decision has been taken on these matters by Government following the publication of the Bill.

Bernard Durkan (Kildare North, Fine Gael)
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In light of concerns expressed by the road haulage sector and steadily increasing oil prices, is there a possibility that the national oil reserves agency Bill will be brought to the House as a matter of urgency with a view to having a debate on the subject at the earliest possible date?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that Bill is due later this year. The heads of the Bill have been approved.

Bernard Durkan (Kildare North, Fine Gael)
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Could it be introduced urgently?

Pat Rabbitte (Dublin South West, Labour)
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Does the Government intend to amend or alter the terms of the Moriarty tribunal? Has the Minister for Finance managed to find time to be briefed on the Government's position on the Whistleblowers Protection Bill? It was introduced in the name of the Labour Party and approved by the Government on Second Stage.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Whistleblowers Protection Bill 1999 was a Private Members' Bill introduced by Deputy Rabbitte on 15 June 1999 and was accepted by the Government. The purpose of the Bill was to provide protection from civil liability to employees who make certain disclosures reasonably and in good faith on the conduct or the business and affairs of their employers.

A memorandum for Government was circulated to Departments in July 2000, and observations of Departments were received in November of that year. In early 2001 extensive amendments were prepared based on consultations with all Departments. In July 2001, after approval from the Government, the amendments were forwarded to the Office of Parliamentary Counsel to be drafted. The amendments approved by Government raise a number of detailed and complex issues that require a substantial redrafting of the Bill by the Office of the Parliamentary Counsel.

The Government retained the Bill on its legislative programme after the general election and, since then, progress on drafting the amendments has been interrupted by the necessity to afford precedence to priority aspects of the Government's legislative programme. Proceeding with the 1999 Bill is not viewed as a priority at present but may be addressed at some future time when the priorities in the Government's legislative programme have been implemented.

While some considerable drafting work has been done with a view to progressing the legislation, it is now considered on reflection that the provision of statutory protection for whistleblowers on a sectoral basis might provide a better and more focused approach to dealing with this issue, such as section 4 of the Protections For Persons Reporting Child Abuse Act 1998 and section 50 of the Competition Act. In addition, the Safety, Health and Welfare at Work Bill 2004, which is currently before the Dáil, provides for the protection against dismissal and penalisation of employees who, in good faith, take steps to protect themselves or others in the workplace. That is the situation with regard to the whistleblowers legislation.

Pat Rabbitte (Dublin South West, Labour)
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Will the Minister answer the Moriarty question, please?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware of any terms of reference. Nothing has come to Government, to my knowledge.

Jimmy Deenihan (Kerry North, Fine Gael)
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In view of the recent financial problems experienced at the Abbey Theatre and the weekend statement by the Minister for Arts, Sport and Tourism, Deputy O'Donoghue, concerning the theatre's governance, are proposals in place to introduce new legislation on the future structures and governance at the Abbey Theatre?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware that there are any such plans. I note, however, that as a result of what has emerged over the past few days, the board has indicated that the new executive director is to be appointed forthwith. I hope the Abbey will be in a position to deal with the issues following the recent revelations.

Trevor Sargent (Dublin North, Green Party)
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I am disappointed, a Leas-Cheann Comhairle, that you were not able to allow a discussion on the matter I sought to raise earlier under Standing Order 31.

On promised legislation, a number of companies are clearly implicated in the problem of obesity. In addition, they are endorsed by the Government, even though they are in the business of creating addiction to salt and sugar in children.

Richard Bruton (Dublin North Central, Fine Gael)
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Who are they?

Trevor Sargent (Dublin North, Green Party)
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Although this matter may not apply to the register of persons who are considered unsafe to work with children, perhaps it should.

Noel Ahern (Dublin North West, Fianna Fail)
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This is a Second Stage speech.

Trevor Sargent (Dublin North, Green Party)
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That legislation was implemented effectively in Northern Ireland. Last January the Taoiseach said the Minister had appointed an implementation body to advise on and assess the legislation.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy is making a statement. Does he have a question?

Trevor Sargent (Dublin North, Green Party)
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I am asking whether the promise to introduce that legislation has any meaning. Is the legislation considered necessary? Will we see it and, if so, why has it been so slow in coming before the House?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The legislation does not refer to obesity. It proposes a register to give effect to the recommendations of a child protection joint working group. The legislation arises from the North-South Ministerial Council. A cross-governmental working group reported to the Minister for Justice, Equality and Law Reform on proposals for reform of vetting of employees by the Garda Síochána. The Minister for Justice, Equality and Law Reform has now appointed an implementation group to advise on that implementation and on the necessity for legislation. The Department of Education and Science and the Department of Health and Children are in discussion regarding the establishment of a pre-employment consultancy service.

Simon Coveney (Cork South Central, Fine Gael)
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EU Finance Ministers have agreed to the introduction of a voluntary levy on airline tickets with a view to raising funds for overseas development aid. Since it is a voluntary exercise, does the Government intend signing up to it and, if so, will it require legislation?

Brian Cowen (Laois-Offaly, Fianna Fail)
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No decision was taken on this matter. It was an informal meeting of EU Finance Ministers and decisions cannot be taken at such meetings.

Kathleen Lynch (Cork North Central, Labour)
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That is an extra tax. It is not voluntary.

Brian Cowen (Laois-Offaly, Fianna Fail)
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A discussion took place on this matter. The concept is to try to find ways and means of capturing the civic sentiment of society in the aftermath of the tsunami and other tragedies. It is a question of how one encourages civil society to respond in addition to countries trying to meet their overseas development aid commitments. Part of the discussion was about debt relief and setting intermediate targets for the European Union, given the United Nations commitment to reach an ODA level equivalent to 0.7% of GDP. The idea referred to by the Deputy was only part of a wider discussion. The Commission and the Presidency will present a considered position paper on all these matters at the next ECOFIN meeting.

As regards the Government's view, Deputies will be aware that cheap air access is critical to Ireland as an island nation. Other EU member states have also expressed that opinion with regard to their status. The proposal for a €10 pre-departure tax, as they called it, can be regarded as a two-way matter, to and from various destinations. It could involve an increase in air fares of between 14% and 53%.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Some 100%.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is not something to which I would subscribe. Ireland's overseas development aid commitment has increased by over 240% since we took office. Donation relief, which was first introduced in the Finance Bill of 1996 and subsequently amended in this year's Bill, is a means of encouraging people to make donations to NGOs or other bodies working in the developing world. It makes tax relief available on that basis. We would like to continue that method of showing solidarity with the Third World, rather than adopting the innovative mechanism which has been suggested.

Kathleen Lynch (Cork North Central, Labour)
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Now that the Government has discovered that child care is a difficulty, does it intend to introduce the Parental Leave Bill in the coming year? The legislation seems to have stalled somewhere in cyberspace. This is a time-related Bill and if the cut-off time is reached, some parents will not be able to avail of its provisions. The Bill is vitally important if we are serious about introducing family-friendly legislation.

Brian Cowen (Laois-Offaly, Fianna Fail)
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As the Deputy knows, the Bill was published on 20 December 2004 and is currently awaiting debate on Second Stage. It is a matter for the Whips to include it for discussion.

Kathleen Lynch (Cork North Central, Labour)
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Will the Minister instruct the Government Chief Whip to put it on his agenda because it is vital legislation?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I would never be so courageous as to instruct the Whip.

Kathleen Lynch (Cork North Central, Labour)
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I would never doubt the Minister's courage.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I wish to raise three issues. The first concerns the register of persons who are considered unsafe to work with children. When will that matter be dealt with? It is an important issue that is relevant. Second, in light of the massive increase in fuel prices, when will the natural gas regulation Bill be introduced so that we will have an opportunity to discuss ways and means of dealing with that situation? Third, but by no means least, many groups are dependent on charity at present and all public representatives are asked daily about the funding of charities. When will the charities Bill be brought before the House? It would provide some control over illegitimate charities that are out to rip off the system.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that the charities Bill is due next year.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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It is extremely important.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Interdepartmental discussions are continuing to bring forward that legislation. We are anxious to create a modern legislative framework for charities, but there are issues involved of which the Deputy may or may not be aware.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I am very much aware of them.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am sure that Deputy Crawford is so aware, but Deputy Sargent, the man who calls me a chancer at weekends, might not be aware of them.

Trevor Sargent (Dublin North, Green Party)
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I am very aware.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Deputy Crawford's first question concerned a register of persons considered unsafe to work with children. As I said in a previous reply to Deputy Sargent, that matter comes under the aegis of the North-South Ministerial Council. Some moments ago, I replied as to where that stands. It is not imminent.

Bernard Durkan (Kildare North, Fine Gael)
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Mañana.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The natural gas regulation Bill, which is due next year, will give effect to the restructuring of the natural gas industry.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Minister say whether non-publication of the uncompleted Dunne inquiry report was as a result of the Attorney General's advice? Will that advice be published? In the context of the appointment of Dr. Deirdre Madden by the Minister to complete the Dunne inquiry, will her new terms of reference be brought before the House for approval?

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy's question must relate to promised legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The terms of reference for an inquiry is the business of the House.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware that such is required or enters into the setting up of the second committee of inquiry. Obviously there are legal issues involved regarding the report to which the Deputy referred but it is not customary to publish the Attorney General's advices which are issued to the Government.

Joe Higgins (Dublin West, Socialist Party)
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The National Council on Ageing and Older People has published a report which alleges that some within the health and social services have attitudes towards older people which could only be described as shocking and essentially regard older people as a nuisance to be dealt with. I have objected in the past to the use of the disgusting term "bed blockers" to describe elderly people in the context of the health service. Perhaps the only related legislation is the medical practitioners Bill which will involve one set of persons who deal with older people. Is it not shameful that older people should be discarded in this way by any section of the public service? Does the Government intend to try to change this?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The heads of the medical practitioners Bill were approved by Government in June 2004. Further heads are expected this year and the Bill should be published early next year. With regard to the matter raised by the Deputy, everyone would be concerned about circumstances in which elderly people have a less than happy experience in their interaction with the public services, whether the health service or any other service. In my experience of talking to older people as a constituency Deputy, however, they have had nothing but praise for the way in which they have been treated. Elderly people use the health service much more regularly than others, such as those of us who talk about it but thankfully do not have to use it too often. My information is that elderly people have nothing but the height of praise for the people who deal with them. If there are individual cases in which issues arise, one does not welcome them. However, it is not accurate to suggest that those elderly people who interface with the services are not well cared for.

Tommy Broughan (Dublin North East, Labour)
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I raise a related matter in an area for which the Minister has responsibility. The Minister's colleague this week and last week drew attention to the grave necessity to extend pension provision. It is almost two years since An Post pensioners who claim they are civil servants received cost of living increases. What is the line Minister prepared to do for a group of senior citizens who served the country well for 40 or 50 years but are not receiving their due pension increases? The Minister and his colleague, the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, have responsibility for this matter.

Séamus Pattison (Carlow-Kilkenny, Labour)
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To which promised legislation does the question refer?

Tommy Broughan (Dublin North East, Labour)
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I refer to the postal services Bill.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Everyone will be aware of the difficulties the postal services, particularly An Post, have experienced in recent years.

Tommy Broughan (Dublin North East, Labour)
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They are emerging from them.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Thankfully, some improvements have been made but much more remains to be done. The matter is before the industrial relations machinery. The recommendations it makes will be critical and I hope they will meet with the approval of all sides with a view to addressing this question. The social partnership agreements provide a possibility to claim inability to pay. I hope the health of the company can be restored as quickly as possible so that these sorts of issues can be dealt with to everyone's satisfaction.