Dáil debates
Wednesday, 19 October 2005
Order of Business.
11:00 am
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. a11, motion re report of the Committee on Procedure and Privileges on definition of parliamentary activities; No. 16, statements on quarterly national household survey, second quarter 2005 and the annual population and migration estimates; No. 15, Land Bill 2004 [Seanad] — Order for Report, Report and Final Stages; No. 17, Adoptive Leave Bill 2004 [Seanad] — Report and Final Stages (resumed); and No. 18, Social Welfare Consolidation Bill 2005 — Second Stage (resumed).
It is proposed, notwithstanding anything in Standing Orders, that No. a11 shall be decided without debate; the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after two hours and five minutes and the following arrangements shall apply: (i) 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; (ii) the statements of each other Member called upon shall not exceed ten minutes in each case; (iii) Members may share time; and (iv) a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. Private Members' business shall be No. 43, motion re draft animal remedies regulations 2005 (resumed), to conclude at 8.30 p.m.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are two proposals to put to the House. Is the proposal for dealing with No. a11, motion re report of Committee on Procedure and Privileges agreed? Agreed. Is the proposal for dealing with No. 16, statements on quarterly national household survey second quarter 2005 and the annual population and migration estimates agreed? Agreed.
Enda Kenny (Mayo, Fine Gael)
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I have three questions for the Taoiseach. Last year we were promised legislation for a health information and safety authority. This authority would give advice and set down guidelines in respect of protocols etc. Are we likely to see this legislation in view of the current confusion in the area?
With regard to the decentralisation programme, which is a voluntary scheme promoted by the previous Minister for Finance, today is the final day for signature for staff previously employed in the Department of Agriculture and Food in Davitt House, Castlebar, and staff must take it or leave it. They have been asked to sign up to go to Portlaoise or accept the PULSE system, which is shift work on a 24-hour, seven day week basis.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business. That question should go to the line Minister, the Minister for Finance.
Enda Kenny (Mayo, Fine Gael)
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I understood decentralisation was to be voluntary but the terms of reference for public service benefits have been changed as a consequence. Will the Taoiseach clarify this?
Third, in view of the publication of the IMC report today on the, hopefully, ending of all criminality by the IRA and its associates, are we likely to have the opportunity for statements or a debate on it in the House?
Bertie Ahern (Dublin Central, Fianna Fail)
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On the first issue, the necessary legislation to provide for the establishment of the health information equality authority and the Irish social services inspectorate on a statutory basis will been included in the forthcoming health Bill, the heads of which are expected in approximately a month. The Bill has been given priority time for drafting. It will probably be taken in the House in 2006. On the second issue, I will ask somebody to check whether the change suggested by Deputy Kenny is being made as part of the decentralisation programme. On the third issue, I think we should wait until the IMC report has been published before we decide whether time is required for a debate on it.
Pat Rabbitte (Dublin South West, Labour)
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Does the Taoiseach propose to introduce legislation relating to the state of the electoral register?
Pat Rabbitte (Dublin South West, Labour)
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He is probably aware that the Labour Party has published a Bill to deal with the matter. Does the Government intend to produce its own Bill or will it take on board the Labour Party's Bill?
Bertie Ahern (Dublin Central, Fianna Fail)
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I will raise the matter. Is the Deputy asking about the state of the electoral register?
Pat Rabbitte (Dublin South West, Labour)
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I have asked about the inaccurate state of the register.
Bernard Durkan (Kildare North, Fine Gael)
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The register is incomplete.
Bernard Allen (Cork North Central, Fine Gael)
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Graveyards will be electing people at the next general election.
Emmet Stagg (Kildare North, Labour)
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There are 500,000 people too many on it.
Bernard Allen (Cork North Central, Fine Gael)
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It is appalling.
Brendan Howlin (Wexford, Labour)
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What does the Taoiseach propose to do about it?
Pat Rabbitte (Dublin South West, Labour)
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What did the Taoiseach say?
Bertie Ahern (Dublin Central, Fianna Fail)
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I said it is inaccurate.
Brendan Howlin (Wexford, Labour)
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What will the Taoiseach do about it?
Trevor Sargent (Dublin North, Green Party)
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Does the Taoiseach find that acceptable?
Bertie Ahern (Dublin Central, Fianna Fail)
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I do not know whether legislation is required.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Perhaps the Taoiseach notices the poor state of the register when he is on his walkabouts.
Trevor Sargent (Dublin North, Green Party)
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I would like to ask about another fraudulent document. I was not successful, obviously, when I requested the adjournment of the Dáil under Standing Order 31 to discuss the matter. Given that companies can fold and then re-open without paying their bills and brazen out legal cases so they can bankrupt subcontractors, it seems the prompt payments legislation needs to be amended.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss the content of the legislation.
Trevor Sargent (Dublin North, Green Party)
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No publication date has been indicated for the planned company law legislation, but is there any chance that it will be brought forward in the near future? At least then we might be able to have a debate on the matter.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach on the legislation.
Trevor Sargent (Dublin North, Green Party)
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I would also like to know whether the Government intends to amend the prompt payments legislation.
Bertie Ahern (Dublin Central, Fianna Fail)
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It is expected that the 1,000 heads of the company law (consolidation and reform) Bill will be completed later this year. It will take a considerable amount of time to draft a Bill that has 1,000 heads.
Trevor Sargent (Dublin North, Green Party)
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In that case, the Government should amend the prompt payments legislation.
Olwyn Enright (Laois-Offaly, Fine Gael)
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Is the Taoiseach aware that one in 12 schools loses half of its students before they reach their leaving certificate examinations? If so, does the Government intend to introduce legislation to deal with the problem? When can we expect the third level support Bill, which will deal with the difficulties in that sector, to be brought before the House?
Bertie Ahern (Dublin Central, Fianna Fail)
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I do not have a date for the third level support Bill.
Joe Costello (Dublin Central, Labour)
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In view of the serious difficulties with the terms of reference of the inquiry into the Brian Rossiter case, to which Deputy Rabbitte referred earlier, and in view of the serious problems with the cost of legal representation——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question?
Joe Costello (Dublin Central, Labour)
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The Government has promised to introduce in this term a Bill to consolidate the Tribunals of Inquiry Acts 1921 to 2004 and to regulate costs. Can the Taoiseach indicate when the tribunals of inquiry (consolidation) Bill will be published?
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be published in this session. It should be before the House shortly.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Arising from the ongoing review of tax reliefs, is it intended to introduce legislation to limit the value of tax reliefs and the number of reliefs which can be availed of by any individual or company?
Bertie Ahern (Dublin Central, Fianna Fail)
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Any amendments in that regard will be made in the forthcoming finance Bill.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister for Justice, Equality and Law Reform has announced that he intends to introduce new legislation to require the regulation of auctioneers and estate agents. Will the Bill provide for ministerial responsibility in that regard, given that the Minister in question has not taken the best course of action in his purchase of land in north Dublin? When will the intellectual property Bill be introduced?
Olwyn Enright (Laois-Offaly, Fine Gael)
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There is a need for that Bill.
Bertie Ahern (Dublin Central, Fianna Fail)
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The intellectual property Bill will be introduced early next year. I am not sure if legislation is required in respect of auctioneers.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The heads of the Bill have been approved, but I do not know when the Bill will be published.
Dan Neville (Limerick West, Fine Gael)
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The Taoiseach would not know anything about it because it is a Progressive Democrats Bill.
Micheál Martin (Cork South Central, Fianna Fail)
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It is too early to say.
Brendan Howlin (Wexford, Labour)
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The Taoiseach is aware that an important round of World Trade Organisation negotiations is due to commence shortly. I understand that the position outlined by the EU Commissioner, Mr. Mandelson, was opposed yesterday by the Ministers for Foreign Affairs and Agriculture and Food. Will the Taoiseach give Deputies an opportunity to listen to details of Ireland's position on the matter? Will Ireland's position be embraced in a common EU position before the WTO negotiations take place in Hong Kong?
Bertie Ahern (Dublin Central, Fianna Fail)
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Important meetings about this issue are taking place. The Minister could brief the House on the matter in response to a question or on the Adjournment.
Brendan Howlin (Wexford, Labour)
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How did the Minister get on yesterday?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise this morning.
Paudge Connolly (Cavan-Monaghan, Independent)
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I congratulate my former colleagues in the psychiatric sector on being declared yesterday the overall winners of a national innovation award. My question relates to psychology. When will the Health and Social Care Professionals Bill 2004 be enacted?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill is awaiting Report Stage in this House.
Fergus O'Dowd (Louth, Fine Gael)
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When will legislation promised by the Minister for the Environment, Heritage and Local Government to establish a special division of the High Court to fast-track dealings on planning problems be introduced?
Bertie Ahern (Dublin Central, Fianna Fail)
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We hope to introduce the infrastructure Bill in the next session.
Tommy Broughan (Dublin North East, Labour)
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Has the Government considered updating the Merchant Shipping Acts to provide for new regulations in respect of flags of convenience? I received a letter yesterday that had been posted on 22 September. I wonder if that is a record. Has the Taoiseach noticed his post has been arriving late?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach on the shipping legislation.
Tommy Broughan (Dublin North East, Labour)
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What does he intend to do about it?
Bernard Durkan (Kildare North, Fine Gael)
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I remind the Taoiseach that the letter was posted on 22 September of this year.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach on the first matter.
Bernard Allen (Cork North Central, Fine Gael)
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We should post our Christmas cards now.
Micheál Martin (Cork South Central, Fianna Fail)
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We lost out on a few all-Ireland tickets because of it.
Bertie Ahern (Dublin Central, Fianna Fail)
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The provisions which it is intended to include in the maritime safety Bill require detailed legal examination. It will take some time to finalise the Bill, which will not be progressing as originally proposed.
Dan Boyle (Cork South Central, Green Party)
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Does the Government intend to introduce amending legislation in respect of the Environmental Protection Agency? Such legislation is necessary, given that dioxin levels in Cork Harbour have more than doubled in the last year, that the agency cannot assess water quality in Ennis and that the agency, in issuing waste licences, is a judge in its own court.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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To which legislation does the Deputy refer?
Dan Boyle (Cork South Central, Green Party)
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I am asking whether the Government intends to amend the Environmental Protection Agency Act 1992.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?
Micheál Martin (Cork South Central, Fianna Fail)
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The dioxin levels have decreased by 20%.
Bertie Ahern (Dublin Central, Fianna Fail)
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Deputy Boyle's remarks are incorrect. The dioxin levels have decreased.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Durkan.
Micheál Martin (Cork South Central, Fianna Fail)
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They have decreased by 20% in Cork Harbour.
Dan Boyle (Cork South Central, Green Party)
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They have doubled in Cork Harbour.
Bernard Allen (Cork North Central, Fine Gael)
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The Minister for Enterprise, Trade and Employment said it himself.
Micheál Martin (Cork South Central, Fianna Fail)
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The Deputy should get perspective.
Dan Boyle (Cork South Central, Green Party)
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The Minister is having trouble with figures.
Micheál Martin (Cork South Central, Fianna Fail)
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No. The Deputy cannot distort the EPA figures.
Dan Boyle (Cork South Central, Green Party)
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The dioxin levels have doubled.
Micheál Martin (Cork South Central, Fianna Fail)
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The Deputy did not even vote for sewage treatment.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Durkan has been waiting patiently.
Bernard Durkan (Kildare North, Fine Gael)
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According to a recent OECD report, Ireland is in the unenviable position of 19th out of 22 countries in terms of broadband access. The situation is getting worse by the day. Deputy Broughan has already commented on the problems in the postal services.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On promised legislation——
Bernard Durkan (Kildare North, Fine Gael)
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I will come to the legislation in just a second.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I want the Deputy to come to the legislation now.
Bernard Durkan (Kildare North, Fine Gael)
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It will be emergency legislation.
Bernard Allen (Cork North Central, Fine Gael)
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It will be fast-track legislation.
Bernard Durkan (Kildare North, Fine Gael)
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It took nine days for a small package to travel from St. Helens in England to Maynooth, County Kildare.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We have to move on.
Bernard Durkan (Kildare North, Fine Gael)
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The service is slower than it was in the days of the horse and coach. Will the Taoiseach identify the Bill that will be introduced as a matter of urgency to galvanise the Minister for Communications, Marine and Natural Resources into action?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Stagg.
Bernard Durkan (Kildare North, Fine Gael)
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I would like the electricity Bill to be introduced to electrify the Minister, who has not been electrified so far.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach on the electricity Bill.
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be introduced next year.
Emmet Stagg (Kildare North, Labour)
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I asked yesterday morning whether the Government will make time available to clarify the Minister for Health and Children's contradictory answers on the cuts in the home help service. I think the Taoiseach said——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is time promised?
Emmet Stagg (Kildare North, Labour)
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I am asking for Government time to be made available.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest that the Deputy should submit a question on the matter.
Emmet Stagg (Kildare North, Labour)
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I do not know who I can ask. Perhaps I should ask the Chief Whip. Can the Taoiseach make time available?
Bertie Ahern (Dublin Central, Fianna Fail)
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I do not know how one can argue there have been cutbacks if the amount of money being spent on something has increased from €12 million to €120 million.
Emmet Stagg (Kildare North, Labour)
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The Minister told me there have been cuts of 40% in the home help service for the elderly in Kildare.
Bertie Ahern (Dublin Central, Fianna Fail)
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It would be difficult to have a debate on cutbacks which do not exist.
Kathleen Lynch (Cork North Central, Labour)
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The Taoiseach should explain the reductions.
Bernard Allen (Cork North Central, Fine Gael)
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He will blame the minimum wage.
Eamon Ryan (Dublin South, Green Party)
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The Taoiseach has buried the metro Bill and practically trampled the earth down on it, but can we expect it to rise again in the near future?
Bernard Durkan (Kildare North, Fine Gael)
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It is on an upward trajectory.
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be considered by the Minister.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Given that a great deal of money must be raised for the disabled through charity work, when will the charity Bill be in place? With regard to charges currently being imposed, when will there be an opportunity to discuss the local government rates Bill in the House?
12:00 pm
Bertie Ahern (Dublin Central, Fianna Fail)
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The charities regulation Bill, which will regulate charities and ensure accountability to protect against abuse of charitable status and fraud, is substantial. It will involve statute law revision and restatement in addition to legislative reform provisions. Work is proceeding as speedily as possible with this and priority has been given to the Bill. However, it is a large Bill which reaches back over a long period. I do not have a date for it. The local government rates Bill will be taken next year.
Liz McManus (Wicklow, Labour)
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It is approximately two and a half years since the pharmacy review group presented its report to Government yet we have seen no sign of legislation in regard to pharmacies. Two Bills are promised. When will they be published? Will they be published together or separately?
Bertie Ahern (Dublin Central, Fianna Fail)
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I am not sure if they will be published together but both Bills are listed for next year. I understand both are being drafted but it would be unlikely that two sizeable Bills would come together.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We move to No. a11.
John Gormley (Dublin South East, Green Party)
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I wish to ask a question.
Liz McManus (Wicklow, Labour)
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For the Taoiseach to say the Bills are listed for next year does not tell us much. Does he mean early next year or late next year? Will it be three or four years before we get the legislation flowing from this report?
Bertie Ahern (Dublin Central, Fianna Fail)
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Both Bills are listed for 2006. I have not got a more precise date.
Bernard Durkan (Kildare North, Fine Gael)
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We will never get that far.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call No. a11, motion re report of the Committee on Procedure and Privileges on definition of parliamentary activities. I call the Minister of State, Deputy Kitt, to move.
John Gormley (Dublin South East, Green Party)
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On a point of order, I indicated earlier. I want to ask a simple question on legislation.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, I noticed the Deputy's colleagues indicating but did not notice the Deputy.
John Gormley (Dublin South East, Green Party)
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What is the point of coming into the House if you do not deal with us when we indicate?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We must move on. The Deputy will be first tomorrow. We have moved on to No. a11.
John Gormley (Dublin South East, Green Party)
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My question concerns simple legislation, the third level students support Bill.
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be taken next year.