Dáil debates
Wednesday, 28 September 2005
Order of Business.
5:00 pm
Bertie Ahern (Dublin Central, Fianna Fail)
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The Order of Business shall be No. 13, motion re leave to introduce Supplementary Estimate [Vote 31]; No. 14, motion re referral of Supplementary Estimate [Vote 31] to select committee; No. 19, statements on Northern Ireland; and No. 20, Adoptive Leave Bill 2004 — Order for Report, Report and Final Stages.
It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m.; business shall be interrupted on the adjournment of Private Members' business, which shall be No. 46, motion re proposed new prison site at Thornton Hall, County Dublin, which shall be taken for 90 minutes at 7 p.m. or on the conclusion of No. 19, whichever is later, which shall take place tomorrow immediately after the Order of Business, and which shall be brought to a conclusion after 90 minutes on that day; No. 13 and, subject to agreement of No. 13, No. 14, referral to select committee, shall be decided without debate and any divisions demanded on Nos. 13 and 14 shall be taken forthwith; proceedings on No. 19, if not previously concluded, shall be brought to a conclusion after 65 minutes and the following arrangements shall apply: (i) subject to (ii) the statements of the Taoiseach and the Minister, 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, (ii) Members may share time, and (iii) a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal for the late sitting and the taking of No. 36, Private Members' business agreed? Agreed. Is the proposal for dealing with Nos. 13 and 14, motion re leave to introduce Supplementary Estimate and motion re referral of Supplementary Estimate to select committee agreed? Agreed. Is the proposal for dealing with No. 19, statements on Northern Ireland agreed? Agreed.
Enda Kenny (Mayo, Fine Gael)
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One of the most stark and disturbing stories heard this year was the revelation of the poor treatment of elderly people in nursing homes, ranging from the illegal charging scandal to the squalid conditions some unfortunate patients had to endure in some locations. Four commitments were made to produce the legislation to introduce the inspectorate for nursing homes. Two of these were made by the Taoiseach on 31 May and 1 June, another was made by the Tánaiste on 20 July and another was made by the Minister of State at the Department of Health and Children, Deputy Seán Power on 31 May 2005. All of these were explicit that this legislation would be produced and published before the end of this year.
Despite this, the legislation is not in section A of the legislative programme produced by the Government and announced by the Chief Whip, and every Bill in section B is not due for publication until mid-2006. This is appalling in light of the outrageous situation of elderly people in nursing homes. Why is this inspectorate legislation not on this list as promised on four occasions during the year?
Bertie Ahern (Dublin Central, Fianna Fail)
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The health (nursing homes) (amendment) Bill is scheduled for this session.
Enda Kenny (Mayo, Fine Gael)
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That is different from the nursing homes inspectorate Bill.
Bertie Ahern (Dublin Central, Fianna Fail)
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I remember it. The health Bill provides for the establishment of the health information and equality authority and the Irish social services inspectorate on a statutory basis. We are now told that it will be in the new year before the legislation is ready. I do not know if it can be brought forward.
Pat Rabbitte (Dublin South West, Labour)
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Does the Taoiseach agree that, now that the Dáil has reconvened, there must be an initiative concerning the plight of the five imprisoned men from Rossport?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The matter does not arise at this stage. It has already been discussed on Leaders' Questions. The matter is not appropriate to the Order of Business.
Pat Rabbitte (Dublin South West, Labour)
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I am trying to be helpful on the issue. Is it not reasonable that simultaneously the Shell company should waive the injunction——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I cannot allow this debate to continue. I call Deputy Sargent.
Pat Rabbitte (Dublin South West, Labour)
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——and the men should purge their contempt——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This matter has already been discussed in the House.
Pat Rabbitte (Dublin South West, Labour)
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——and an acceptable mediator——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to obey the Stranding Orders.
Pat Rabbitte (Dublin South West, Labour)
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Five men are in Cloverhill Prison.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is being disorderly and I have already had to deal with one such Deputy. The Deputy knows the way to raise the matter in the House. He had an opportunity during Leaders' Questions and this was not taken. He also had an opportunity to raise it on the Adjournment tonight and he did not take it. Deputy Ring took the opportunity.
Michael Ring (Mayo, Fine Gael)
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The five men from Rossport should be taken out and the Colombia Three put in.
Pat Rabbitte (Dublin South West, Labour)
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I am merely asking the Taoiseach if he would agree to the appointment of an acceptable mediator to consider the entire remit of issues following the release.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The matter has already been debated. The Order of Business cannot be an omnibus Question Time. It never has been and it cannot be so.
Pat Rabbitte (Dublin South West, Labour)
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There was always an opportunity to raise a topical issue on the Order of Business.
Noel Dempsey (Meath, Fianna Fail)
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That is the function of Leaders' Questions.
Pat Rabbitte (Dublin South West, Labour)
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Will the Taoiseach make time available to discuss this matter, tomorrow if possible? A number of formulae are available. We have been very constructive, as the Minister responsible will concede, in working out a formula that will have the allegiance of everyone concerned. That five men are languishing in jail and that we are making no effort to be helpful cannot be allowed to continue.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot debate it now.
Bertie Ahern (Dublin Central, Fianna Fail)
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There was a three-hour debate yesterday in committee, I have dealt with this issue today and it is a matter on the Adjournment tonight.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot debate the issue. Unless a debate has been promised in the House, it is not appropriate.
Pat Rabbitte (Dublin South West, Labour)
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Is the Taoiseach saying that the Whips can discuss this?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask Deputy Rabbitte to resume his seat.
Pat Rabbitte (Dublin South West, Labour)
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I am seeking clarity on the Order of Business.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair will provide all the clarity the Deputy needs.
Pat Rabbitte (Dublin South West, Labour)
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Is the Taoiseach saying that the Whips can meet to discuss this matter?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask Deputy Rabbitte to resume his seat while the Chair is on its feet. If a debate is promised, it is appropriate to ask about it under Standing Order 26 and if one is not, it is not appropriate.
Joan Burton (Dublin West, Labour)
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The Taoiseach just promised it.
Pat Rabbitte (Dublin South West, Labour)
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The Whips can consider this issue with the support of the Government Whip to provide for a short time in the House to debate the issue.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is a matter for the Whips.
Pat Rabbitte (Dublin South West, Labour)
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I am asking the Taoiseach.
Bertie Ahern (Dublin Central, Fianna Fail)
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I have no problem with that.
Trevor Sargent (Dublin North, Green Party)
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In supporting this call I predict that if the matter is not debated here, it will be debated in the European Court of Human Rights.
Legislation that has been promised over many years in a number of areas, such as the charities regulation Bill, has now dropped off the face of the earth, so to speak. No indication has been given about the legislation in question even though it was promised for 2003, 2004, 2005 and 2006. Almost 50% of people surveyed give approximately €11 per month.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy can just ask about the legislation. We cannot have a debate on this.
Trevor Sargent (Dublin North, Green Party)
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Does the Taoiseach realise that this legislation has been promised since 1990?
Other promised legislation that has disappeared is the Dublin metro Bill. Over the summer we heard about the growing need for a metro in Dublin and the legislation to deal with it has disappeared. It was proposed for 2006.
Bernard Durkan (Kildare North, Fine Gael)
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There must be a void somewhere.
Bertie Ahern (Dublin Central, Fianna Fail)
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The charities regulation Bill is substantive and will involve the statute law revision and restatement in addition to legislative reform provisions. Work is proceeding as speedily as possible and it is being given priority within the Department. The other Bill is being included in the planning and development bill of the Department of the Environment, Heritage and Local Government.
Finian McGrath (Dublin North Central, Independent)
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Deputy Callely will roll it out.
Olivia Mitchell (Dublin South, Fine Gael)
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Last year the Minister for Transport promised a ten-year plan to be delivered within weeks. Almost a year has passed and we still have not seen it. What has happened in that year? Is the plan lost forever? Will it be a nine-year one or an 11-year one when it appears? Will the Taoiseach intervene to ensure we have some initiative in respect of transport policy? It is unforgivable that the matter has been allowed to drift in this manner.
Bertie Ahern (Dublin Central, Fianna Fail)
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The national development plan goes up to 2006. The Minister stated that he will set out a clear blueprint this year of what will happen after that.
Liz McManus (Wicklow, Labour)
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Important legislation has been promised, namely, the repayment scheme for the elderly who had their money robbed from them by the State. We were told in the recently published legislative programme that publication is expected in late 2005. If so, will the Taoiseach explain why it has not been included with the Bills expected to be published from the beginning of the Dáil session to the beginning of the next session? One part of the programme states that it will be published in 2005 while the other part of the programme indicates that it will not be published in 2005. The elderly people who are waiting for their entitlements need to know what exactly is the Government promising.
Bertie Ahern (Dublin Central, Fianna Fail)
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It will provide a legislative basis for the repayment scheme which will provide appropriate safeguards in regard to payments made under the scheme to vulnerable individuals in care. It will also aim to protect payments made to individuals under the scheme. We hope this will be dealt with by Christmas.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will there be legislation to establish a redress board for the women who were mutilated in the gynaecology and obstetrics unit at Our Lady of Lourdes Hospital in Drogheda? The report of the inquiry has not been published. Will the Taoiseach raise the matter with the Tánaiste and Minister for Health and Children and will he clarify whether legislation is necessary? Will he clarify if legislation will be necessary to facilitate the introduction of the second level medical card described differently previously by a number of speakers — the doctor only medical card? Some 200,000 people are awaiting this and nothing happened during the summer period.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On the Order of Business the Deputy is only entitled to ask a question on promised legislation. We would like to have the debate on Northern Ireland concluded by 7 p.m.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What is their status and will there be legislation?
Bertie Ahern (Dublin Central, Fianna Fail)
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On the first issue, the Deputy should table a question to the Minister. On the second question, I do not believe it requires legislation but I must check that.
Olwyn Enright (Laois-Offaly, Fine Gael)
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Is the Taoiseach aware that a convicted sex offender worked as a school bus driver for special needs children in County Laois this year? In light of the policy in Britain and Northern Ireland in regard to vetting people, what is the Government's position regarding the register of persons considered unsafe to work with children? What work has been done in this regard? I had to resort——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise on the Order of Business.
Olwyn Enright (Laois-Offaly, Fine Gael)
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It is on the legislative agenda.
Bertie Ahern (Dublin Central, Fianna Fail)
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I refer the Deputy to the recommendations of the child protection joint working group. The legislation arises out of a North-South ministerial council. I do not have a date for this but the Department of Education and Science and the Department of Health and Children are having discussions on the establishment of a pre-employment consultancy service. They are trying to make progress in this area. While I do not have a date for this, meetings on the issue were held recently.
Eamon Gilmore (Dún Laoghaire, Labour)
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The building control Bill is to be published this session. A part of the Bill, which relates to the EU directive on the energy performance of buildings, must be enacted by 1 January. Will the Taoiseach give a specific indication if the Bill will be published on time to allow the House to have a proper debate on the contents?
Bertie Ahern (Dublin Central, Fianna Fail)
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I will bring the matter to the attention of the Minister. The Bill is due to be published this session but I take the Deputy's point that it should be published on time so that it can be debated in the House.
Liam Twomey (Wexford, Fine Gael)
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Ten weeks ago the Tánaiste denied that two million home help hours were cut. She promised to release the figures immediately but this has not happened. I am aware there is no legislation——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On the legislation, Deputy.
Liam Twomey (Wexford, Fine Gael)
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Perhaps there should be legislation for the Government to tell the truth but on this occasion I ask for the regulations to deal with the health Bill. It would release the flow of information to Deputies that they have not yet received.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill is due early next year.
Jan O'Sullivan (Limerick East, Labour)
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When does the Government intend to introduce the third level students' support Bill, particularly in view of the fact that there is such a delay in some local authorities and that there is much inconsistency and lack of information in regard to third level grants?
Bertie Ahern (Dublin Central, Fianna Fail)
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Consultations are taking place on the third level students' support Bill between the Department and the relevant stakeholders. I do not have a date but these discussions are ongoing.
John Gormley (Dublin South East, Green Party)
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A Cheann Chomhairle, I think you will agree with me in your capacity as a medical doctor that the biggest——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I am not involved in agreeing or disagreeing with any Member of the House except on Standing Orders.
John Gormley (Dublin South East, Green Party)
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In your capacity as a medical doctor, you have often given us good advice at the end of term to take a holiday etc. You will agree with me that the biggest drug problem we face is not cocaine but alcohol. I ask the Taoiseach why has the sales promotions Bill covering the control of advertising, sponsorship and marketing practices of alcohol products disappeared? It seems the task force recommendations on alcohol abuse will not be implemented.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should stick to the legislation because a number of Deputies are offering.
John Gormley (Dublin South East, Green Party)
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The legislation exists to protect children and adolescents from over-exposure to alcohol advertising. It appears the Government is kowtowing to vested interests in the alcohol industry.
Bertie Ahern (Dublin Central, Fianna Fail)
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As voluntary agreements have been reached with the alcohol and advertising industries, the Department wishes to postpone the introduction of the legislation pending the outcome of these voluntary arrangements.
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be far more effective.
Ruairi Quinn (Dublin South East, Labour)
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Will the Taoiseach return his attention to the building control Bill? Has the Bill been completed and is it ready for publication?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is due to come before the House this session. I do not know precisely when it will be ready.
Ruairi Quinn (Dublin South East, Labour)
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It has not yet been passed by the Cabinet in its completed form?
Bernard Durkan (Kildare North, Fine Gael)
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In view of the obvious focus on energy matters at present, would it be possible for the Taoiseach to indicate that the energy miscellaneous provisions Bill might be brought to the House earlier than anticipated in view of the vast range of issues that could be dealt with under the Bill?
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be before the House this session.
Bernard Durkan (Kildare North, Fine Gael)
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It should be earlier.
Brendan Howlin (Wexford, Labour)
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I want to raise what has become a hardy annual, namely, the Whistleblowers Protection Bill, which is scheduled to go to committee since 1999. Only the ground rent Bill is longer awaiting passage in the House. I ask the Taoiseach for clarification on this matter because, in the last session, Members of the Government gave two contradictory views, namely, that they were not continuing with the stand-alone Bill, they would incorporate it into individual Bills, but when an amendment to an individual Bill was submitted, we were told it would be part of a stand-alone Bill. What is the Government's position on the issue?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is now considered that the provision of statutory protection for whistleblowers on a sectoral basis would provide a better and more focused approach to dealing with the issue, for example, in section 4 of the Protections for Persons Reporting Child Abuse Act and section 50 of the Competition Act. The Safety, Health and Welfare at Work Act 2005 provides protection against dismissal and penalisation of employees who in good faith take steps to protect themselves or others in the workplace. This is already taking place in sectoral legislation.
Brendan Howlin (Wexford, Labour)
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I want clarity in the matter.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should allow Deputy Broughan to ask a question because we want to move on to the next business.
Tommy Broughan (Dublin North East, Labour)
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I welcome the Taoiseach's comments following the disgraceful treatment of the Irish Ferries workforce.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise on the Order of Business.
Tommy Broughan (Dublin North East, Labour)
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I am asking about the fisheries and maritime jurisdiction Bill. Is it the Taoiseach's intention to deal with some of the serious matters that have arisen in regard to Irish Ferries? The Title of the Bill has changed. Does the Taoiseach support——
Bertie Ahern (Dublin Central, Fianna Fail)
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There is a maritime Bill. However, it does not relate to that issue, it relates to transport-related matters.
Michael D Higgins (Galway West, Labour)
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Cathain a fhoilseofar na leasuithe don Bhille chun Údarás na Gaeltachta a leasú?
Michael D Higgins (Galway West, Labour)
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Will it be early or late?
Bertie Ahern (Dublin Central, Fianna Fail)
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They do not tell me that.
Joan Burton (Dublin West, Labour)
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The roof, thankfully, is back on the swimming pool at Abbotstown, County Dublin. The Abbotstown Bill 2005 is No. 1 on the Government's legislative programme but the Minister for Finance announced he is blocking funding for this. What is the future of the Abbotstown centre?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach on the legislation.
Bernard Durkan (Kildare North, Fine Gael)
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The Government had better hurry up before the roof is blown off again.
Bertie Ahern (Dublin Central, Fianna Fail)
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As the Deputy said, it is No. 1 on the list. A total of 1 million people have used the centre over the past few years.
Joan Burton (Dublin West, Labour)
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Yes, but the Minister for Finance has announced he will not provide funding for the centre.
Bertie Ahern (Dublin Central, Fianna Fail)
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He did not say that.