Dáil debates
Tuesday, 18 October 2005
Order of Business.
5:00 pm
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 14, Criminal Justice Bill 2004 — Second Stage (resumed) and No. 15, Land Bill 2004 [Seanad] — Order for Report, Report and Final Stages. Private Members' business shall be No. 43, motion re draft animal remedies regulations2005.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are no proposals to be put to the House on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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Will the Taoiseach state when will the regulations governing the regulatory authority announced by the Minister for Justice, Equality and Law Reform for estate agents and auctioneers be published? As all Members of this House are supposed to be equal, when will regulations governing the allocation of unvouched for payments from the Exchequer to Independent Deputies be published?
Bertie Ahern (Dublin Central, Fianna Fail)
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The regulatory authority for estate agents and auctioneers requires legislation and that will be published next year. I must check the second matter raised by Deputy Kenny.
Pat Rabbitte (Dublin South West, Labour)
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Does the Taoiseach know the date of Estimates day? Has the Government taken a decision on the IMF request for €800 million to be taken out of the economy?
Bertie Ahern (Dublin Central, Fianna Fail)
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Estimates day will be 17 November.
Trevor Sargent (Dublin North, Green Party)
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Before I put a question on promised legislation, will the Taoiseach tell the House whether the Government will ratify the framework convention on tobacco control? An amount of legislation at the end of the list refers to public transport, such as the Public Transport Commission Bill. I understand the Cabinet discussed the metro today. When will it commence, given that a promise was made that it would be in place to Swords by 2007?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On proposed legislation.
Trevor Sargent (Dublin North, Green Party)
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I hope the Government has approved the project.
Bertie Ahern (Dublin Central, Fianna Fail)
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The framework convention on tobacco control must be signed by 8 November and it will be done by that date. The Public Transport Commission Bill will be published in 2006. I do not have a more precise date.
Olivia Mitchell (Dublin South, Fine Gael)
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As the Taoiseach is aware during the past number of months negotiations have taken place between the NRA on behalf of the Government and National Toll Roads as to how, where, how often and for how much the M50 will be tolled and how that money will be divided up. In that context and given that all of this is taking place behind closed doors and no doubt——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On what legislation is the Deputy asking a question?
Olivia Mitchell (Dublin South, Fine Gael)
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I am asking about legislation to permit barrier-free tolling which will allow this and undoubtedly will be introduced to suit a deal already made behind closed doors.
Bertie Ahern (Dublin Central, Fianna Fail)
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There is no legislation promised on that.
Olivia Mitchell (Dublin South, Fine Gael)
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Legislation has been promised to introduce barrier-free tolling. The Minister constantly states it requires legislation.
Bertie Ahern (Dublin Central, Fianna Fail)
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It is not listed but discussions are taking place. Perhaps we will have it next year. No decisions have been made.
Olivia Mitchell (Dublin South, Fine Gael)
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When the deal is done.
Ruairi Quinn (Dublin South East, Labour)
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Now we see how business is done in the Cabinet. Has the Cabinet seen the Building Control Bill?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It was indicated in previous programmes that the Adoption (Hague Convention, Adoption Authority and Miscellaneous) Bill would come up within a 12 month period. Prior to the summer break it was signalled for 2006. Will the Taoiseach confirm that is still the intended date for publication? Is there an explanation for the continual delay——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach will answer the question on legislation.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——in bringing forward that important legislation?
Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of that Bill have been approved and the Bill is being drafted. It is due in the middle of next year.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the heads be circulated? The Taoiseach has committed to doing so in the past.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputy should submit a question to the relevant Minister.
Bernard Allen (Cork North Central, Fine Gael)
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The Minister for Justice, Equality and Law Reform seems to have an answer for everything. However, he does not have an answer to the question I submitted to him on 29 August that was due for answer on 29 September. I raised the same matter here two weeks ago. The Ceann Comhairle told me I was out of order and that I should submit it for the Adjournment. I submitted it for debate on the Adjournment but it was not selected for discussion. I am still awaiting the information.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is still out of order on the Order of Business.
Bernard Allen (Cork North Central, Fine Gael)
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The Minister is out of order.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy finds another way of raising the matter.
Bernard Allen (Cork North Central, Fine Gael)
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On a point of order, the rules of this House do not work. I am entitled to an answer to a Dáil question within three days but I have not received an answer to this one after a month. I want the Ceann Comhairle to investigate this matter.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is not a matter for the Chair.
Bernard Allen (Cork North Central, Fine Gael)
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My rights are not being protected. I want an answer. Will the Taoiseach answer why I have not received an answer to a Dáil question that was legitimately put?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This does not arise on the Order of Business. The Deputy must find another way of raising the matter.
Bernard Allen (Cork North Central, Fine Gael)
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On 29 August I was told the information could be supplied on 29 September.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That was an answer. It might not have been the one the Deputy wanted.
Bernard Durkan (Kildare North, Fine Gael)
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An indication could be given that Deputy Allen will receive an answer.
Bernard Allen (Cork North Central, Fine Gael)
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I want the Taoiseach to answer it. One of his Ministers is evading his responsibilities.
Bernard Durkan (Kildare North, Fine Gael)
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Somebody should answer it.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is a matter for the Minister.
Bernard Allen (Cork North Central, Fine Gael)
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It is a matter for who?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is a matter for the Minister.
Bernard Allen (Cork North Central, Fine Gael)
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It is a matter for this House when the procedures of this House are not adhered to.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The procedures are being adhered to.
Bernard Allen (Cork North Central, Fine Gael)
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On a point of order, am I entitled to an answer to a written question within three days?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is not entitled to an answer on the Order of Business.
Bernard Allen (Cork North Central, Fine Gael)
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Where can I get the answer?
Bernard Durkan (Kildare North, Fine Gael)
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Where can he get the answer?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy was ruled out of order last week. The Chair has ruled on the matter.
Bernard Allen (Cork North Central, Fine Gael)
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I was also ruled out of order two weeks ago. I still cannot get an answer.
Bernard Durkan (Kildare North, Fine Gael)
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Standing Orders are being breached.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are other ways to raise this matter.
Bernard Allen (Cork North Central, Fine Gael)
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That Minister thinks he has the answer to everything but he cannot answer a simple question. He is suppressing information.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy must raise the matter in the appropriate way.
Bernard Durkan (Kildare North, Fine Gael)
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That is disgraceful.
Eamon Gilmore (Dún Laoghaire, Labour)
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A critical infrastructure Bill is listed for publication next year. The national development plan to which it relates is under review. Which will be published first, that critical infrastructure Bill or the review of the national development plan?
Bertie Ahern (Dublin Central, Fianna Fail)
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A critical infrastructure Bill is due early next year if I recall correctly what the Minister recently stated. The national development plan is under preparation. I hope the Bill will be published first.
Eamon Gilmore (Dún Laoghaire, Labour)
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On what basis is the national development plan being reviewed? Is it on existing legislation or——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy cannot discuss the contents of what might be in the Bill. I suggest the Deputy submits a question to the appropriate Minister.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Bill will speed up planning for critical infrastructure projects, which are obviously subject to the national development plan.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss the content of it on the Order of Business.
Eamon Gilmore (Dún Laoghaire, Labour)
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On what basis is the Government reviewing the national development plan? Is it on existing legislation or the assumption that the new legislation——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy submits a question to the appropriate Minister.
Eamon Ryan (Dublin South, Green Party)
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Was it because of the rebellion of the Fianna Fáil parliamentary party last week, the opposition to fisheries industry representatives or the pleas from the banks for us to be lax on European regulations that it was decided——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That question is not appropriate to the Order of Business.
Eamon Ryan (Dublin South, Green Party)
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——to pull the fisheries and maritime jurisdiction Bill last week. If the pun can be excused when may we expect it back and will it be filleted, given that it was withdrawn in the first place?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is still listed for this session.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy will allow Deputy Durkan speak, without interruption.
Bertie Ahern (Dublin Central, Fianna Fail)
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It is not pulled. It is still listed for this session.
Eamon Ryan (Dublin South, Green Party)
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It was due on Thursday, but was pulled.
Bernard Durkan (Kildare North, Fine Gael)
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The postal services (miscellaneous provisions) Bill was promised a year and a half ago. It was on the Order Paper as promised legislation and like much else under that category has disappeared. It now looks as if it will be necessary to focus on the postal services with the possibility of industrial action. Will the Taoiseach say whether it is possible for the Minister to reintroduce that Bill so that the House may discuss how the postal services will be governed in the future?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Minister took that particular Bill off the legislative list about six months ago. There is no legislation in train, at present.
Bernard Durkan (Kildare North, Fine Gael)
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Has the Bill gone missing?
Bernard Durkan (Kildare North, Fine Gael)
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It is not even in the post.
Joe Sherlock (Cork East, Labour)
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When does the Taoiseach propose to restore the ground rents Bill to the Government legislation programme? Will he also indicate the position on the Shirley Estate case that was before the High Court, which was the reason the Bill was withdrawn?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That matter does not arise under the Order of Business. In fact it does not arise in the House, it is a matter for the courts.
Joe Sherlock (Cork East, Labour)
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That was the reason that the ground rents Bill was withdrawn from the programme.
Bertie Ahern (Dublin Central, Fianna Fail)
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Nothing has changed as regards that Bill. It is not proceeding at present. The Supreme Court decision has implications for it and it is not being moved.
John Gormley (Dublin South East, Green Party)
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There was a briefing this morning in the Department of Health and Children for Opposition spokespersons on the possible influenza pandemic. I thank the Tánaiste for that. However, there was some disturbing news. We were told that in the event of a 'flu pandemic, a general election could not be held. Under the circumstances, could the date for a general election be brought forward?
Mary Harney (Dublin Mid West, Progressive Democrats)
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Clearly, that will be based on medical advice.
Liam Twomey (Wexford, Fine Gael)
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The Government will not allow the birds to be killed.
Joe Costello (Dublin Central, Labour)
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Is the Taoiseach aware of today's statement by the Rossiter family that it would be unable to participate in the inquiry established by the Minister for Justice, Equality and Law Reform into the death of their son in Garda custody? Will he make provision to enable them to be represented or will he arrange for an inquiry to resolve the situation under the Commission of Investigations Act?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That matter does not arise on the Order of Business.
Joe Costello (Dublin Central, Labour)
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This relates to legislation.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Will the Deputy say which legislation?
Joe Costello (Dublin Central, Labour)
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It relates to the Commission of Investigations Act 2004 under which the Minister for Justice, Equality and Law Reform established the inquiry.
Bertie Ahern (Dublin Central, Fianna Fail)
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The legislation is enacted. The Deputy should raise the matter with the Minister.
Emmet Stagg (Kildare North, Labour)
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I want the assistance and guidance of the Ceann Comhairle in this matter. On 27 April I received information from the Tánaiste through a parliamentary question to the effect that the home help for a person in Kildare had been cut by 40%. On 13 October the Tánaiste told the House that there had not been any cuts in home help hours. How may we clarify these differences in information from the Tánaiste?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy submits a question to the Minister for Health and Children.
Emmet Stagg (Kildare North, Labour)
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Will the Government consider making time available to the Tánaiste so that she may clarify the contradiction between her two answers?