Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 20, motion re proposed approval by Dáil Éireann for a decision of the European Parliament and the Council establishing the European return fund for the period 2008 to 2013, back from committee; No. 21, motion re proposed approval by Dáil Éireann for a decision of the European Parliament and the Council establishing the European refugee fund for the period 2008 to 2013, back from committee; No. 22, motion re proposed approval by Dáil Éireann for a Council Decision establishing the European fund for the integration of third-country nationals for the period 2007 to 2013, back from committee; No. 23, motion re proposed approval by Dáil Éireann for an EU Council Framework Decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution, back from committee; No. 32, statements on UN reform; No. 4b Civil Registration (Amendment) Bill 2005 [Seanad] — Second and Remaining Stages; and No. 31, Land Bill 2004 [Seanad] — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that Nos. 20 to 23, inclusive, shall be decided without debate; the proceedings in relation to No. 32 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: the statements of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, Members may share time, and the Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; the following arrangements shall apply in relation to No. 4b: the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 3 p.m. today, the opening speech of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time, and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes, the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. today by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Tánaiste and Minister for Health and Children.

The Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 28 September 2005.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are four proposals to put to the House. Is the proposal for dealing with Nos. 20 to 23, inclusive, motions re proposed approval by Dáil Éireann, agreed to?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not. Such is the importance of the three funds incorporated in these propositions that it merits full scrutiny and debate in the House. It is not appropriate, given the importance of what is at stake, that we go ahead on a nod without debate. Particular attention must be paid to the European returns fund for which there must be real concern. I note from the circulated report from committee, the Minister for Justice, Equality and Law Reform, Deputy McDowell stated:

All actions under the three specific objectives are to take account of the specific situation of vulnerable people such as . . . people who have been subject to torture or other serious forms of psychological, physical or sexual abuse.

I contend that these are reasons for not returning people. If those are the facts in any case, not only this fund but no fund should be employed for a person's return.

This as an example of the importance of the House addressing the detail entailed in the propositions. I appeal that these measures, particularly No. 20, do not proceed without debate. With respect, it is an abuse of the committee system that we kick to touch in committee and then it is returned to the Dáil. There is insufficient address of these measures by Members and there is little if any public scrutiny of what is entailed. I am concerned this is the Government's approach. There would be great public concern and alarm at some of the detail involved in these propositions if they were properly highlighted in the public arena. The House must not proceed without debate but take the opportunity to ensure they are fully debated.

Michael D Higgins (Galway West, Labour)
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I agree with the thoughts expressed regarding the implementation of Nos. 20 to 22, inclusive. This is an area into which, through practice, an enormous amount of uncertainty has been imported. In the establishment of a regime, it would make sense if precise principles were laid down. However, they cannot be laid down unless debated in the House. One of my reasons for not just nodding these three motions through is based on the appalling and unacceptable remarks by the Minister for Justice, Equality and Law Reform, Deputy McDowell, on the question of refugees, without straying off the specific purpose of these resolutions from the European Parliament. If we were in the happy case of having impeccable practice, sound regimes, certainty in the process and openness in the decision making, we might be in a position to give them a cursory treatment. In the absence of this, it makes sense to have them debated properly in the House.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with No. 32, statements on UN reform agreed? Agreed. Is the proposal for dealing with No. 4b, conclusion of Second and Subsequent Stages of the Civil Registration (Amendment) Bill 2005 [Seanad] agreed?

Liz McManus (Wicklow, Labour)
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This demonstrates the bad habits of a Government that has been in power for too long.

Jim Glennon (Dublin North, Fianna Fail)
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That is something from which the Deputy never suffered.

Liz McManus (Wicklow, Labour)
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This Bill was only published yesterday. It is a Bill to amend an Act passed by this House in 2004, which has yet to be commenced. The Ceann Comhairle has asked the Committee on Procedure and Privileges to rule that amendments to Bills be submitted four full days before a Bill is debated. I ask him to consider the actual bad practice of this Government. It is impossible for the House to comply with his wishes when it does not see a Bill until the day before it is debated.

The practice has been — with the Ceann Comhairle's encouragement — that there should be a period of ten working days between the publication of a Bill and the Second Stage debate in this House. If Members are to do their work properly, I ask the Ceann Comhairle to ensure that the Government abides by good practice in this House. Otherwise, we will find, time and time again, that Bills are rushed through the House and amendments are not debated. All too often, we have seen legislation end up in the courts. We had the absolute shambles of the Garda Síochána Bill. The Bill to be debated today is not particularly significant or complicated. However, it certainly deserves proper scrutiny and proper preparation and we are not getting that. I ask the Ceann Comhairle to deal with this problem.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Ceann Comhairle has no role in the matter, other than to adjudicate on amendments. There is no difficulty with amendments that come within Standing Orders. The Ceann Comhairle adjudicates on amendments outside of Standing Orders as has always been the practice. The Ceann Comhairle has no function regarding the conduct of business in the House by the Government.

Ruairi Quinn (Dublin South East, Labour)
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The Ceann Comhairle could ask the Government.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair does not intend to get into a discussion on the Chair's function. I have clarified the position for Deputy McManus and I have ruled on the matter. Only one Deputy from a party should speak on each issue. The House is debating the proposal dealing with No. 32 and Deputy McManus has already spoken on the matter. Does anyone else wish to speak?

Pat Rabbitte (Dublin South West, Labour)
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The question put to the Ceann Comhairle was how does he recommend, as the chairman of the Committee on Procedure and Privileges, that Members give four days' notice of amendments when they receive a Bill on the day before it is taken. That is the question. I do not propose to have a discussion with him.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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No, the question put to me pertained to how the Government conducts its business in this House.

Jim O'Keeffe (Cork South West, Fine Gael)
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No it was not.

Bernard Durkan (Kildare North, Fine Gael)
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It is bad policy.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The question of amendments and what I brought to the Committee on Procedure and Privileges followed a discussion with a number of interested parties in this House about amendments and having a proposal——

Pat Rabbitte (Dublin South West, Labour)
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How does he propose to have a four-day rule when Members only get one day's notice of a Bill?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There is not a four day rule at present.

Deputies:

The Chair is trying to introduce it.

Pat Rabbitte (Dublin South West, Labour)
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Members receive one day's notice of a Bill, which was the point originally put to the Chair.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I will not become involved in a discussion on the role of the Ceann Comhairle or of his office. I will put the question.

Bernard Allen (Cork North Central, Fine Gael)
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That is not what the Deputy stated.

Liz McManus (Wicklow, Labour)
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On a point of order——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call on the Minister. Deputy McManus should resume her seat. There is no discussion.

Liz McManus (Wicklow, Labour)
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I wish to raise a point of order. The Ceann Comhairle stated that interested parties raised this with him.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is correct.

Liz McManus (Wicklow, Labour)
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Who are those interested parties?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy wishes to come to my office, I will discuss the entire matter with her. I call on the Minister for Finance.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I will not discuss the business of the Committee on Procedure and Privileges or the office of the Ceann Comhairle on the floor of the House.

Liz McManus (Wicklow, Labour)
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The Ceann Comhairle raised the issue of interested parties and as a consequence of him raising the matter, it is proper for me to ask him to state who these interested parties are.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, I would ask you to resume your seat. The Minister for Finance.

Liz McManus (Wicklow, Labour)
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Is it the Minister for Finance?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy wishes to be informed she may come to my office to discuss the entire matter.

Liz McManus (Wicklow, Labour)
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I see that the Minister for Finance is the interested party.

Emmet Stagg (Kildare North, Labour)
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It is the Minister for Justice, Equality and Law Reform.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy may discuss this in my office. I call on the Minister for Finance.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I will respond to the point that has been made for the information of the House. As has been stated, the need to commence the 2004 Act is the subject of numerous questions and representations. This amendment Bill is to be brought forward because when the 2004 Act was enacted, it was considered that payments of allowances and fees to registrars could be made on an administrative basis. However, when the commencement and revised fees order under the 2004 Act was drafted, the Department's legal advisers advised that legislative provision would be required to continue to make these payments and that the existing legislative basis for the payments would cease on commencement of the Act and consequential repeal of existing Acts.

Joan Burton (Dublin West, Labour)
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The Government did not do its homework again.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Attorney General confirmed this advice. The failure to make provision for continued payments of allowances and fees to private registrars would have serious consequences for those registrars, for the system of civil registration in the communities served by them and for the Exchequer. This amendment is to enable what was previously regarded an administrative provision——

Joan Burton (Dublin West, Labour)
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The Government did not do its homework.

Brian Cowen (Laois-Offaly, Fianna Fail)
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What was previously regarded as an administrative provision will now be part of the legislation. People have criticised the fact that the commencement order has not been put into effect. The Government wants to do so and needs this amendment Bill. It is a practical simple measure to which I do not believe any amendment will be required.

Liz McManus (Wicklow, Labour)
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Can I ask the Minister for Finance——

Jim O'Keeffe (Cork South West, Fine Gael)
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This is a careless, incompetent Government.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with the Adjournment of the Dáil until 2.30 p.m. on Wednesday, 28 September 2005 agreed?

Enda Kenny (Mayo, Fine Gael)
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I have been in the House for a slightly longer period than the Ceann Comhairle and I have rarely seen a Government of any party with such a desire to get out of the House for the summer break.

Dick Roche (Wicklow, Fianna Fail)
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At least Deputy Kenny is smiling.

Enda Kenny (Mayo, Fine Gael)
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This battered and bruised outfit is staggering towards the line and cannot wait to turn their backs on Leinster House and get away from being exposed and opposed. Deputy Glennon wants to be able to commentate on the next Lions test match. Deputy Carty is the sole representative for Fianna Fáil in County Mayo. Deputy Cassidy has announced his intention to canvass Athlone.

Bernard Durkan (Kildare North, Fine Gael)
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He is probably there already.

Enda Kenny (Mayo, Fine Gael)
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Deputy O'Connor has the doubtful privilege of being the first Fianna Fáil backbencher to be nominated to contest the next general election. He will need to be out early, because Senator Hayes is on his trail in that constituency.

Gerard Murphy (Cork North West, Fine Gael)
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The Deputy should bring his guillotine.

Enda Kenny (Mayo, Fine Gael)
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The behaviour of this Government leaves much to be desired. The Minister for Transport, Deputy Cullen, is relaxed in his chair this morning because he will not be obliged to be in the House next week. He has received the figures.

Martin Cullen (Waterford, Fianna Fail)
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I am happy to face the Deputy any time.

Enda Kenny (Mayo, Fine Gael)
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School class sizes have become a noble aspiration——

Martin Cullen (Waterford, Fianna Fail)
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I will take the new M50 to get there.

Bernard Durkan (Kildare North, Fine Gael)
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The Minister should not revisit that issue.

Enda Kenny (Mayo, Fine Gael)
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I am unsure whether the Minister will have the opportunity to travel in a vintage car through Ballina the next time he goes there, but he will be welcome if he does. Classes sizes have become a noble aspiration——

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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There are 660 extra resource teachers.

Enda Kenny (Mayo, Fine Gael)
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——and a broken promise.

Bernard Allen (Cork North Central, Fine Gael)
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What about the disabled?

Enda Kenny (Mayo, Fine Gael)
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Yesterday, a total of 270 people were on trolleys in hospitals with 150 in Dublin alone, in the middle of summer when things should be at their most quiet. Crime rates in our capital city are rising. The roof has blown off a building that cost €62 million and underneath it, 5 million litres of water are leaking away every month, but we are told it represents good value for money. We have had 13 Bills produced on the basis that they would be taken before the House rose for the summer recess. Nine of them were not published at all and emergency legislation has been rushed through the House, including more than 100 amendments on the Garda Síochána Bill passed by guillotine. The Taoiseach refuses to come into the House on Thursdays. Now he intends that during the summer period, his fine representative, the Government Whip will propose that in future, Leaders' Questions should be hived off to Ministers who may know more about the issues than the Taoiseach. This has been an appalling period for this Government. It is an indication of just how the public view the Government. It is an indication that Government Members understand that and want to get away to their respective constituencies to prepare for battle. In this context I propose an amendment to No. 4, that the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 13 September. I hope that when the Government Members return refreshed from acquaintance anew with their constituents in their respective counties they will come back with a clear resolve to work harder in the public interest and with a greater degree of competence than they have shown to date. They will need to do so because in the hills and the valleys and in the villages, towns and cities, the people are just waiting for them.

Pat Rabbitte (Dublin South West, Labour)
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I second the amendment that the Dáil should resume on 13 September. It is very difficult to justify anything else to the public. It is impossible to justify three months' absence from plenary session of the Dáil. Outside it is not understood that it is the Government and not the Dáil or the Oireachtas that makes the decision to put the House into recess for three months. It is impossible to justify other than the compulsion on the Government to stay out and escape from the House to avoid accountability and engage in what will be a futile attempt to refurbish its battered and bedraggled image in the three months ahead. It is unlikely that a cynical Fr. Healy-type stroke can be repeated this summer; that conversion has worn off.

Bernard Durkan (Kildare North, Fine Gael)
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They were in the pool in Inchydoney.

Jim O'Keeffe (Cork South West, Fine Gael)
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At least the pool at Inchydoney was working.

Dick Roche (Wicklow, Fianna Fail)
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It was not actually.

Pat Rabbitte (Dublin South West, Labour)
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Even by the standards of this Government, the recess is coming at least a week earlier than in recent years. There is no justification for the House not to sit next week. I am happy to second Deputy Kenny's proposal that the House return on 13 September.

Trevor Sargent (Dublin North, Green Party)
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The Green Party has no problem with the proposal to return on 13 September. While a reasonable break is expected, I cannot justify taking off July on top of that. The Dáil has sat for 93 days since last September.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy already has his holidays booked.

Noel Treacy (Galway East, Fianna Fail)
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The Deputy lives too close to the sea.

Trevor Sargent (Dublin North, Green Party)
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The House of Commons in London sits for 155 days a year on average. A normal week in the Dáil is 22 hours. A normal week in the House of Commons is 32 hours.

Dick Roche (Wicklow, Fianna Fail)
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They have a different system.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Does the Deputy want their electoral system?

Trevor Sargent (Dublin North, Green Party)
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I am not sure whether the Members on the Government side are trying to shout me down or whether they know it all and do not need to listen.

Michael Ahern (Cork East, Fianna Fail)
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The Deputy should not rise me.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Allow Deputy Sargent to speak without interruption.

Trevor Sargent (Dublin North, Green Party)
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As the House of Commons puts in 70% more hours than the Dáil, if the Oireachtas is to have any respect and if we are to have parity of esteem regarding the Good Friday Agreement we should also have parity of hours in terms of the cross-Border institutions and dealing with the UK Government.

Paul Gogarty (Dublin Mid West, Green Party)
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We should have the Northern work ethic.

Trevor Sargent (Dublin North, Green Party)
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If we are trying to bring about reconciliation between different traditions, the two Parliaments in question should also maintain a parity, which in this case would have the Oireachtas sitting into July.

Paul Gogarty (Dublin Mid West, Green Party)
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The turkeys should go ahead and vote for Christmas for a change.

Trevor Sargent (Dublin North, Green Party)
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While I know Government Members are very excitable and they have a majority to do exactly what they want, when they do so and vote themselves an unreasonably long break they should take into account during the recess that they will not be accountable to the Dáil. Ministers need to be careful to tell the truth, as they will not be able to be held to account here.

When it comes to the Minister for Transport, Deputy Cullen, accusing people of robbery of the taxpayer——

Martin Cullen (Waterford, Fianna Fail)
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After the democratic process was followed.

Trevor Sargent (Dublin North, Green Party)
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——as if the cost of the M50 was all about Carrickmines——

Martin Cullen (Waterford, Fianna Fail)
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The Deputy should get on his bicycle for the summer and go and create more trouble around the country. That is what he can do.

Dick Roche (Wicklow, Fianna Fail)
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The Deputy should explain his behaviour in the Glen of the Downs.

Noel Treacy (Galway East, Fianna Fail)
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Rent an objector.

Trevor Sargent (Dublin North, Green Party)
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Why does the Minister for Transport not examine the figures? He knows that 0.03% of the cost of the project was attributable to Carrickmines.

Martin Cullen (Waterford, Fianna Fail)
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The Green Party would have us back in the 1940s.

Bernard Durkan (Kildare North, Fine Gael)
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The Minister should look at the facts.

Trevor Sargent (Dublin North, Green Party)
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The Minister for Transport, Deputy Cullen, was the man who wasted taxpayers' money on electronic voting and flights of fancy to Kuala Lumpur and everywhere else.

Deputies:

Deputy Sargent should go back to the bog and bring——

Trevor Sargent (Dublin North, Green Party)
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He is trying to accuse honest people, who are trying to protect heritage, of robbery. He has a brass neck. He will now vote himself a holiday and continue to lie to the people.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is moving away from the proposal before the House.

Trevor Sargent (Dublin North, Green Party)
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The Minister should return to the House and be accountable for his words and he will discover he is telling absolute untruths.

Martin Cullen (Waterford, Fianna Fail)
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I cannot help it if the Green Party is technologically illiterate and cannot cope with modern technology. He should go away out of that.

Trevor Sargent (Dublin North, Green Party)
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The Minister needs to get a hold of the facts and stop trying to mislead the people and create propaganda.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Sargent is contributing to disorder in the House by addressing his remarks across the floor.

Trevor Sargent (Dublin North, Green Party)
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I am trying to correct the record. When Ministers go on holidays they should keep an eye to the truth.

Noel Treacy (Galway East, Fianna Fail)
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Some Green Party Deputies have their holidays booked.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Sargent should be allowed to speak without interruption.

Trevor Sargent (Dublin North, Green Party)
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This matter requires the Government to acknowledge that we need parity of hours with the House of Commons if we are genuinely interested in a peace process.

Deputies:

Hear, hear.

Pat Rabbitte (Dublin South West, Labour)
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The Minister for Transport, Deputy Cullen, has said that Deputy Sargent is technologically inadequate.

Bernard Durkan (Kildare North, Fine Gael)
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The Minister should know what he is talking about: he of the swinging ballot boxes.

Martin Cullen (Waterford, Fianna Fail)
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The Opposition cannot cope with it.

Dick Roche (Wicklow, Fianna Fail)
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The Green Party cost the taxpayer €40 million.

Finian McGrath (Dublin North Central, Independent)
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The Minister for the Environment, Heritage and Local Government, Deputy Roche, should not be bullying.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is very hard to follow Deputy Sargent this morning; it was one of his finest moments.

Dick Roche (Wicklow, Fianna Fail)
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That does not say much.

Dermot Ahern (Louth, Fianna Fail)
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Deputy Ó Caoláin clearly does not think much of Deputy Sargent.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have no difficulty in supporting Deputy Kenny's amendment that the Dáil should return earlier, provided it is to address specific areas of legislation yet to be presented by Government. We all recognise that key areas need to be addressed. I will not repeat much of what has already been said. With the indulgence of the House, I say that I am concerned that Members contribute to the fallacy that elected Members of this House do not put in the hours that we all know we do.

Bernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We do this House and democracy a disservice when we misrepresent a view that people are working the type of hours cited. Members of this House of all opinion put in phenomenal hours and I do not believe many in other sectors would put in the same hours as Members. Those are important points to be made and we all have a responsibility to say it.

Billy Kelleher (Cork North Central, Fianna Fail)
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That was the Deputy's finest moment.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The work of committees will continue this month and in September and the work of the Cabinet will continue until August. Last year, there were 22 committee meetings in July after the plenary sessions was completed. Since September 2004, we have published 30 Bills and enacted 22 Bills, while ten Bills are awaiting the signature of the President. In legislative terms, this indicates that the work of the House, while not meeting unanimous approval, as is the nature of any democratic assembly, has been done during this period.

The predictable attempt by the Opposition to suggest that this country is not doing well is best counteracted by the ESRI report published this morning, which confirms that we have the fastest growing economy in Europe.

Paul Gogarty (Dublin Mid West, Green Party)
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What about quality of life issues?

Brian Cowen (Laois-Offaly, Fianna Fail)
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People in this country are being educated to the highest standards and are getting jobs commensurate with their abilities. We have an economy that is outperforming all our competitors in Europe and that is significant enough to defend the record of the Government. We have achieved unprecedented success and we look forward to continuing this work in committees during July and September and returning to the fray as soon as the Connacht final is over.

Emmet Stagg (Kildare North, Labour)
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Standing Orders of the House allow for votes by other than electronic means. I know the Minister of State, Deputy Parlon, is new to the democratic process but he appears to have an aversion to votes in this House.

Dick Roche (Wicklow, Fianna Fail)
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Not as new as you are.

Emmet Stagg (Kildare North, Labour)
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He also appears to object to us using the democratic process in the House.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a proposal to make to the House?

Ivor Callely (Dublin North Central, Fianna Fail)
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He is getting there.

Dick Roche (Wicklow, Fianna Fail)
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He is winding himself up.

Emmet Stagg (Kildare North, Labour)
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We will use the other system of voting when we think it is appropriate. The Minister of State, Deputy Parlon, can like it or lump it. While I will miss meeting my Fianna Fáil friends going through the lobby, on this occasion we do not think it is appropriate.

Dick Roche (Wicklow, Fianna Fail)
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That was definitely your finest hour.

Enda Kenny (Mayo, Fine Gael)
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One can always be assured of surprises in this House. I wish to raise two matters with the Minister for Finance. You were kind enough yesterday, a Cheann Comhairle, to allow a private notice question in respect of the imprisonment of five people from County Mayo deemed by the High Court to be in contempt of court. The Minister, in his response to questions yesterday, said he would consider in some circumstances the appointment of a mediator. He still has the authority to do that. Has the Minister for Finance had any communication from the Minister for Communications, Marine and Natural Resources about that matter, as three of the five men are up in court again this morning for a further decision in respect of obstruction and contempt of court?

The Minister for Finance is aware that this is a complex and serious matter and while we cannot interfere in any way with the High Court decision, the Minister for Communications, Marine and Natural Resources is in a position to appoint a mediator who might be able to bring about a resolution to this. Perhaps the Minister for Finance would inform the House as to whether he has any news on that.

My colleague, Deputy Jim O'Keeffe, has been highlighting what appears to be a sweetheart deal involving the Dublin Port Company and a consortium bidding for the national conference centre. Under the harbours Bill, can I take it from the Minister for Finance that the public procurement rules and the code of practice for governance of State bodies will be seen to be fully complied with in this matter? It is referred to in some media reports today and I would like an assurance that he will see to it that these rules, regulations and procedures are properly and fully complied with.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I have not had any direct communication from the Minister since the debate on yesterday's private notice question. If Deputy Kenny wishes to pursue the matter, I advise him to take it up directly with the Department and the Minister's office.

Regarding the second matter, the House can be assured that the Department of Arts, Sport and Tourism is conducting the tendering process for such a facility in compliance with all the necessary practices and procedures.

Bernard Allen (Cork North Central, Fine Gael)
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Since 1997.

Pat Rabbitte (Dublin South West, Labour)
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As the acting head of Government, I ask the Minister, Deputy Cowen, to give a more positive indication than that on the matter raised by Deputy Kenny. It appears the proposal he has put is reasonable. Anybody who looks closely at the deal Shell Oil got in Mayo would reach the conclusion that the least it can do having got one hell of a deal from the Irish taxpayer is to make itself amenable to mediation with a view to resolving this dispute before the weekend.

Has the Government rethought its position on the whistleblowers Bill? The Tánaiste answered yesterday to the effect that the advice we had been given on these benches in recent years was wrong, that there was no legal advice to the effect that the Bill ought not to proceed, that it was purely official advice. Given recent events, will the Minister reconsider it?

Will the Minister confirm if it is the case that the National Roads Authority is to announce today the award of a €50 million contract for the Castleblaney bypass to Gama Construction? Having regard to recent events, if that is the case — unbelievable and all as it might appear — will the State on this occasion ensure there is full compliance with all regulations, conventions and the law in this country?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I cannot comment further on the matter raised by Deputy Kenny. I am not in a position to do so. Arrangements were made here yesterday at short notice to take a private notice question. The matter was fully aired in the House and the Minister set out the position. As Deputy Kenny said, a separation of powers principle is involved here. Anything further that can be done by the Minister in regard to any indications he has given as to how he can assist in this matter in a way that respects that separation of powers principle is something that should be taken up directly with his office. I do not have any further information than that which he gave to the House yesterday.

Regarding the whistleblowers Bill, this is a matter Deputy Rabbitte previously raised when I took the Order of Business. I cannot add to the points I have given to the House when I made the fullest possible explanation. As I understand it, it is a Labour Party Bill that was introduced in Private Members' time. The Government is of the view that it can deal with some of what is contemplated by that Bill in various legislation sectorally rather than in one Bill covering all areas of activity. I am not aware that there has been any change in that situation and, certainly, nothing has come before Government that indicates a change in that situation at this time. I cannot say what is being contemplated or considered for the future. The question is probably best addressed to the line Minister who took the Bill in the first place.

I am not aware of the operational arrangements being made regarding the giving out of tenders by the National Roads Authority. Regardless of whether companies mentioned by Deputy Rabbitte or anyone else are involved, occurrences in recent months are such that the Government has taken considerable steps, through the Department of Enterprise, Trade and Employment, to enhance the inspection and monitoring of the contractual obligations of contractors. Every Member would support this and would want our laws on these matters and workers' rights to be respected.

Trevor Sargent (Dublin North, Green Party)
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Newswires are suggesting today that the men jailed for obstructing work on the Shell pipeline will face a very long prison sentence if they refuse to purge their contempt of court. I ask the Government not to act likePontius Pilate and to ensure that a mediation process is put in place. One will remember what happened on foot of the imprisonments and executions after Easter 1916.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot have a debate on the matter.

Trevor Sargent (Dublin North, Green Party)
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I envisage public opinion turning very quickly. The Government needs to be mindful of this.

Given that the length of the recess has been established, will the Government bear in mind our request from earlier this week that the House be recalled prior to the UN summit to permit an announcement on meeting our target of 0.7% of gross national product? It might be appropriate for the Minister for Foreign Affairs to indicate when such an announcement will be made given the tens of thousands of people who were on the streets yesterday. He will know the strength of feeling on the matter.

Since April, when we received the list of promised legislation, 13 Bills were accorded priority, four of which have been published. The interesting point worth noting is that we have had more Bills published that were not promised than those that were promised. Given that we have a list to which we are rightly restricted from referring by the Ceann Comhairle, is there any way in which we can have an indication regarding the legislation that is promised but not seen until published but which obviously exists and is not made public? Would it be fair to say we are not being presented with the whole picture and that in the next Dáil term we should receive a more comprehensive list of legislation rather than being surprised by the Bills that are published without notice?

Brian Cowen (Laois-Offaly, Fianna Fail)
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On the first matter the Deputy raised, he and other Members will always insist that the House respect court orders regarding other matters.

Trevor Sargent (Dublin North, Green Party)
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What about a mediator?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is in the context of respecting this principle that the Minister is trying to determine how he can assist in the matter. Court orders must be respected. At least Deputy Kenny acknowledged the complexity of the matter and the sensitivities involved in the Executive taking action on foot of a court order that has come from the bench. There is no point in trying to describe a Pontius Pilate-type approach on the part of the House.

Enda Kenny (Mayo, Fine Gael)
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A mediator could be appointed outside that system.

Brian Cowen (Laois-Offaly, Fianna Fail)
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This House is not in a position to supersede a court order.

On Deputy Sargent's surprise over Bills published without notice, parliamentary Question Time is for the purpose of asking the line Ministers the legislation being contemplated by each Department. It is open to the Deputy to find out this information at any time by phone or by tabling a formal question.

The efficiency and effectiveness of this House should not be dictated by the quantity of legislation that passes. Perhaps the quality of the legislation is important.

Bernard Allen (Cork North Central, Fine Gael)
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In that case, why are there guillotines?

Brian Cowen (Laois-Offaly, Fianna Fail)
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There are many other debates that need to be held in this House on the economy and other matters, which I would welcome but which we do not seem to hear as much about from the Opposition as——

Trevor Sargent (Dublin North, Green Party)
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Standing Orders restrict us to asking about promised legislation.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I presume the Deputy believes they are on weaker ground.

Trevor Sargent (Dublin North, Green Party)
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We are restricted.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The point I am making to the Deputy is that the lists provided by the Government are formulated on the advice of Departments. This is why we publish them. I hope, for the sake of everybody who participates in the legislative process, both in committee and plenary session, that much more attention is paid to their work and that it receives much more coverage. Thus, more Members will feel they can make a worthwhile contribution in the Oireachtas.

Trevor Sargent (Dublin North, Green Party)
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The question I raised about the United Nations millennium summit——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That matter was dealt with already under proposal No. 4. The House decided on it by a vote. I call on Deputy Ó Caoláin.

Trevor Sargent (Dublin North, Green Party)
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The Minister should reply.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We have already decided on when the House is coming back.

Trevor Sargent (Dublin North, Green Party)
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We have not decided on the matter I raised.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On Deputy Kenny's point on the County Mayo farmers, I add my support to the appeal for immediate mediation if it can be organised. It is imperative that it be organised and that a resolution be arrived at that is satisfactory to the families concerned. We would all agree that this is required. The judicial process does not in any way impinge on its moving forward.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot have a debate on it. This issue was discussed by way of a Private Notice Question. A brief comment has been made this morning by the Leader and we are moving on to the next item of business.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have just made a further brief comment. The next point to which I want to refer concerns the tender process pertaining to national roads projects. Gama has been mentioned this morning. It has not——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Again, that does not arise at this stage. I ask the Deputy to refer to an appropriate matter.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It has been alluded to and the company has not been awarded the works in respect of the Castleblayney bypass although I believe it has submitted the lowest tender. It is hardly any wonder that its tender would be the lowest given the practices it employs regarding its staff. I hope the Minister will note that this matter requires redress.

On promised legislation, the International Criminal Court Bill 2003 was referred, in July last year, exactly 12 months ago this week, to the Oireachtas Committee on Justice, Equality, Defence and Women's Rights subsequent to the taking of Second Stage. It has yet to be scheduled for Committee Stage.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is a matter for the House and not appropriate to the Order of Business.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Minister raise the matter with the Chairman of the committee, his party colleague, so the Bill will be scheduled for address by the committee and we will have the chance to address the matters that concern Members in respect thereof?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The organisation of the committee's work is a matter for the committee. It has been referred from the House to the committee and it is a matter for the latter to order its own business. While I will certainly pass on the Deputy's comments to the Chairman of the committee concerned, Deputy Ardagh, the fact remains that it is for the committee to arrange its business and take the Bill if that is what it wishes to do. That is why it has been referred to it.