Dáil debates
Tuesday, 31 May 2005
Order of Business.
4:00 pm
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 20, Grangegorman Development Agency Bill 2004 — Order for Report, Report and Final Stages; and No. 21, Maritime Safety Bill 2004 [Seanad] — Second Stage (resumed). Private Members' business shall be No. 49, motion re: nursing homes.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are no proposals to put to the House.
Enda Kenny (Mayo, Fine Gael)
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The Health Bill does not mention nursing homes but I assume it refers to nursing homes. While there are 423 private nursing homes, only 82, or 20 %, were inspected in 2004.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does Deputy Kenny have a question appropriate to the Order of Business?
Enda Kenny (Mayo, Fine Gael)
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Will the Health Bill include the authority to close a premises? The Taoiseach will be aware——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Kenny is straying from the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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The Chair was very strict about statistics today. I will finish in 30 seconds.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This matter has been raised before and has been the subject of three Leaders' Questions.
Enda Kenny (Mayo, Fine Gael)
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The Taoiseach will be aware that an environmental health officer can close a premises. It is not possible to close either a crèche or nursing home.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This matter does not arise on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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In view of the decision of the French people in respect of the referendum, and the Dutch people will vote shortly, does the Taoiseach propose to make a statement to the House in respect of his Government's current attitude arising from the French decision and whatever decision the Dutch people make, so that in due course the Irish people will be able to give their verdict on the European Constitution?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Health Bill includes provision for the establishment on a statutory basis of the Health Information Quality Authority and the Irish Social Services Inspectorate. The defeat of the European constitution in the recent referendum in France and the outcome of the forthcoming referendum in the Netherlands will be discussed at a meeting of the Council of the European Union. We will proceed with the Bill shortly. I do not wish to comment when there is a referendum tomorrow in another country.
Pat Rabbitte (Dublin South West, Labour)
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Legislation for the governance of charities has been in preparation for approximately ten years. Will the Taoiseach tell us when this Bill will come before the House?
Bertie Ahern (Dublin Central, Fianna Fail)
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The legislation is being prepared and is due for 2006.
Trevor Sargent (Dublin North, Green Party)
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I had intended to ask the question Deputy Rabbitte asked but there does not seem to be any point because the deadline keeps moving.
Trevor Sargent (Dublin North, Green Party)
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Is the Taoiseach reconsidering the legislation for the referendum on the constitutional treaty? Before debating it in the Dáil, does he intend to speak to Prime Minister Blair, who will hold the EU Presidency for the next six months, about whether there is any point bringing that legislation to the House and whether it will have significance? We have a great deal of other legislation to deal with.
Bertie Ahern (Dublin Central, Fianna Fail)
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As I said, the charity regulation Bill is due next year. I will be talking to Prime Minister Blair at the European Council meeting in two weeks.
Kathleen Lynch (Cork North Central, Labour)
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Is there any hope that the parental leave Bill will be introduced in this session?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Parental Leave (Amendment) Bill is awaiting Second Stage in the House at present.
Kathleen Lynch (Cork North Central, Labour)
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When does the Taoiseach envisage Second Stage commencing?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is a matter for the Whips.
Liz McManus (Wicklow, Labour)
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The Minister for Health and Children gave a commitment that the health information and quality authority Bill would be introduced at the same time as the legislation establishing the Health Service Executive. That did not happen, despite the undertaking from the Government. The Health Act 2004 was passed last December but we still have not seen the other Bill. In view of the terrible findings regarding private nursing homes, will the Taoiseach not uncouple the inspectorate legislation from the information and quality authority Bill and introduce the inspectorate Bill as a priority during this session? The other legislation can take its course. Surely the Taoiseach will accept that this is urgent. To tie the two measures will lead to more delay rather than give this sector the urgent attention which it requires.
Bertie Ahern (Dublin Central, Fianna Fail)
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It is a major Bill and it has not changed. It was planned for 2005 and it is currently being prepared. It is planned to enact the Bill in the autumn this year.
Joe Costello (Dublin Central, Labour)
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Will the second interim report of the Morris tribunal be published today? When it is published will the Taoiseach allocate time for a debate on it in the House?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is due to be published early next week. The request for a debate in the House can be taken up with the Whips.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Responding to the scandalous revelations on the television last night, the Minister of State, Deputy Seán Power, indicated on the radio this morning that a review of the Health (Nursing Homes) Act 1990 would be undertaken. When will that review conclude and will amending legislation——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is about legislation promised this morning on the radio by a Minister of State. It is hard to ask a question in the House sometimes——
Bertie Ahern (Dublin Central, Fianna Fail)
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A Cheann Comhairle——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Let the Taoiseach answer your question, Deputy.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have a second question, with the Chair's indulgence. It is difficult for some Deputies to have their questions heard. When will that review conclude and will there be amending legislation as a result of the review to address the need to protect the most vulnerable in our society? The Health and Social Care Professionals Bill is due to come to this House from the Seanad. Before it does, will the Government take the opportunity to introduce critical amendments reflective——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise, Deputy.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——of what has now been exposed to ensure we have a substantial Bill that addresses these scandals?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Amendments are a matter for the House when the Bill comes before it.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputy asked about the 1990 Act and the regulations of 1993. They are being examined in the context of the Bill I mentioned earlier. The amendments will be made in that legislation. Those issues, including the reviews, will be dealt with in the health Bill providing for the establishment of a health information and quality authority and social services inspectorate.
Bernard Durkan (Kildare North, Fine Gael)
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I am getting a little lonely in the absence of the Minister for Communications, Marine and Natural Resources, who has not graced the House with his presence for a considerable time. Would it be possible to encourage him into the House with a view to moving forward the legislation he has planned, such as the Bord Gáis Éireann Bill, the broadcasting Bill, the electricity Bill, the electronic communications Bill, the natural gas Bill and the energy Bill, which are important and urgent? The Minister's continued absence from the House is indicative of a different attitude. He should not take the result of the by-election that badly and boycott the House. What are his plans?
Bertie Ahern (Dublin Central, Fianna Fail)
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The energy Bill is due this session. The heads of the Bord Gáis Éireann Bill are expected later this year and the legislation will be ready next year. The broadcasting authority Bill, to establish a broadcasting authority of Ireland, is being drafted and will be ready next year. The natural gas Bill will be ready next year.
Bernard Durkan (Kildare North, Fine Gael)
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Will the Minister come to the House by then?
Bertie Ahern (Dublin Central, Fianna Fail)
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I am here to answer questions so the Deputy need not be lonely.
Bernard Durkan (Kildare North, Fine Gael)
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Thank you but I would like to know if the Minister is sighted anywhere.
Fergus O'Dowd (Louth, Fine Gael)
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With regard to the legislation and the changes to the nursing home regulations promised by the Taoiseach today, is he aware that one can only get the nursing home reports under the Freedom of Information Act?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business. The Deputy will have an opportunity to speak this evening during the Private Members' debate.
Fergus O'Dowd (Louth, Fine Gael)
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On a point of order, the Taoiseach announced changes——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is not a point of order. The Chair has ruled that your question is out of order.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If it is a question related to the Freedom of Information Act——
Fergus O'Dowd (Louth, Fine Gael)
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It is related to what the Taoiseach said.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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——the Deputy should ask the line Minister.
Fergus O'Dowd (Louth, Fine Gael)
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He expressly said they would be made available. They are not available unless one gets them under the Freedom of Information Act.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, you are out of order.
Fergus O'Dowd (Louth, Fine Gael)
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I might be out of order but that is the reality.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy knows the consequences of being out of order.
Fergus O'Dowd (Louth, Fine Gael)
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Will the Taoiseach please answer the question? Will he make the reports available?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise on the Order of Business. The Deputy knows there will be a debate this evening on a motion proposed by his party's spokesman on health. It might be more appropriate to speak then——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I will not hear another point of order from the Deputy. I call Deputy Eamon Ryan.
Fergus O'Dowd (Louth, Fine Gael)
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Why not? The Taoiseach made a commitment.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is not a point of order. The Chair has ruled on the matter.
Fergus O'Dowd (Louth, Fine Gael)
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I accept the ruling but I object to the question not being answered by the Taoiseach.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy must resume his seat. I call Deputy Eamon Ryan.
Eamon Ryan (Dublin South, Green Party)
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Given the increasing number of warnings from scientists about the possibility of the Gulf Stream switching off and that Dublin Central might be covered by a glacier as a result, when will we have a debate on climate change? Such a debate has been sought on several occasions at the Whips' meetings.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is a debate promised?
Bernard Durkan (Kildare North, Fine Gael)
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We could do with some climate change on the Government benches too.
John O'Donoghue (Kerry South, Fianna Fail)
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If the glacier arrives, you will not have to worry.
Mary Harney (Dublin Mid West, Progressive Democrats)
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We will have the debate before the glacier arrives.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Broughan.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is a debate promised?
Eamon Ryan (Dublin South, Green Party)
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It has been raised on several occasions at Whips' meeting. I am seeking a response.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If a debate has been promised, it is appropriate to the Order of Business but if it has not been promised, it is not appropriate.
Bertie Ahern (Dublin Central, Fianna Fail)
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We will try to arrange it for this session.
Eamon Ryan (Dublin South, Green Party)
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Have you recorded that, a Cheann Comhairle?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair has enough to record.
5:00 pm
Tommy Broughan (Dublin North East, Labour)
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Last week I asked the Taoiseach if the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, had conducted research into the introduction of postcodes or if he had read the postcode working group's report. Will the Taoiseach ask him if he has done so because it appears there is another €50 million disaster——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should ask a question appropriate to the Order of Business.
Tommy Broughan (Dublin North East, Labour)
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Will the Taoiseach ask the Minister, Deputy Noel Dempsey, if he read his own report before he made an announcement last week?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise on the Order of Business. I call Deputy Burton.
Bernard Durkan (Kildare North, Fine Gael)
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He must be looking for directions.
Joan Burton (Dublin West, Labour)
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In the submission by the Labour Party to the consultants concerning tax breaks, the Labour Party specifically asked whether there would be a review of the tax breaks in regard to nursing homes to find whether there was a correlation between tax policy and care and welfare policy for the elderly.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business. The Deputy will have an opportunity to raise the matter during Private Members' business.
Joan Burton (Dublin West, Labour)
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Did the Taoiseach state when the consultants appointed by the Government will report, because it is to be reflected in next year's finances?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise. I suggest the Deputy submits a question to the line Minister. We move on to the Grangegorman Development Agency Bill 2004 — Order for Report Stage.
Joan Burton (Dublin West, Labour)
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We made a detailed submission on this matter but received no response from the consultants.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I have called the next business.
Joan Burton (Dublin West, Labour)
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We have another €1 million consultancy yet we have not heard anything about it. It is another waste of public money.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call on the Minister for Education and Science to move that Report Stage be taken now.
Joan Burton (Dublin West, Labour)
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Can the Taoiseach not answer? He is willing to answer. We have more consultants' reports and another waste of money.