Dáil debates
Tuesday, 15 November 2005
Order of Business.
3:00 pm
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann for a Council framework decision on the European evidence warrant for obtaining objects, documents and data for use in proceedings in criminal matters; No. 17, Criminal Law (Insanity) Bill 2002 [Seanad] — Second Stage (resumed); and No. 1, Employees (Provision of Information and Consultation) Bill 2005 [Seanad] — Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 10 shall be decided without debate. Private Members' business shall be No. 43, motion re reform of the Competition Act 2002.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There is one proposal to put to the House. Is the proposal for dealing with No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann on the European evidence warrant, agreed?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I object to taking this motion without debate because it should be debated, especially given that on numerous occasions the Minister for the Department of Justice, Equality and Law Reform and his officials have acknowledged the need for a review of The Hague programme, particularly in the context of the rejection of the EU constitution by the French and Dutch electorates. A moratorium should be introduced on the passage through this House of all further EU measures arising directly from The Hague programme pending the outcome of a full review and debate in the House. This is the least to which we should agree rather than continuing the practice of referring matters without debate which does not allow for adequate scrutiny on the floor of this House. We must recognise that the human rights agenda is being left far behind the security agenda in this respect and Members have a responsibility to ensure that this is rectified. This can only be addressed in the context of a full debate in this House.
Bertie Ahern (Dublin Central, Fianna Fail)
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To explain, all we ask of the House is to approve the motion so that the matter will be referred to the committee and debated in that forum. By so doing, much more time will be devoted to it. While the measure must be passed by December, this motion will permit its referral to the committee where it can be debated.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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However, there will be no debate in this House. That is the issue. I object to the lack of debate in this House.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach should be allowed to reply.
Bertie Ahern (Dublin Central, Fianna Fail)
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It is impossible to debate all matters in this House. Moreover, attendance at the committee is open to any interested Member.
Enda Kenny (Mayo, Fine Gael)
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Section A of the Government's legislative programme contains 14 Bills which it expects to publish between the beginning of this session and the beginning of the next session. Am I correct in stating that ten of these Bills have not yet been published? Does the Government intend to publish them? Will the Taoiseach confirm this?
I note that following the publication of the Law Reform Commission report on a proposed DNA database, the Minister for Justice, Equality and Law Reform has stated that he intends to legislate for this as quickly as possible. Will this happen in this session or some time next year?
Arising from the speed of his response, last March I raised the constitutional issue of the reference to the inviolability of private property with the Taoiseach. He is aware of the socially divisive recent case in the West about which I do not wish to comment. At that time, the Taoiseach stated that the Government would examine this issue. Is it his intention to legislate to tilt the balance of the law in favour of the homeowner as distinct from the trespasser or perpetrator of a crime?
Bertie Ahern (Dublin Central, Fianna Fail)
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As for the first matter, while I do not know if it will happen for every Bill, the Government intends to publish the remaining Bills by the start of the next session, which is the period covered by the list referred to by the Deputy. As for the second matter, it is the intention of both the Minister for Justice, Equality and Law Reform and the Government to proceed in respect of the proposed DNA database. The Government must examine how this may best be done. If possible, it will be incorporated into the Criminal Justice Bill. If not, we will proceed with it separately. However, it would be better and more efficient in terms of time and effort to incorporate it into the Criminal Justice Bill. As for the third matter, while the Deputy may wish to table a question to the Minister, I understand that the present legislation is adequate in this respect.
Pat Rabbitte (Dublin South West, Labour)
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In respect of a public servant or a serving office holder, does the Taoiseach believe that being economical with the truth about one's academic qualifications could be a subject for resignation?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise on the Order of Business.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy finds another way to raise the matter.
Pat Rabbitte (Dublin South West, Labour)
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It is a highly controversial matter at present——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Of course, and it should be dealt with in accordance with the rules of the House
Pat Rabbitte (Dublin South West, Labour)
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——affecting a hard-working civil servant.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy submits a question to the appropriate Minister.
Emmet Stagg (Kildare North, Labour)
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The Deputy should invoke Standing Order 31.
Pat Rabbitte (Dublin South West, Labour)
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As a matter of public policy, what is the Taoiseach's attitude?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise on the Order of Business.
Jimmy Deenihan (Kerry North, Fine Gael)
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The Taoiseach wishes to respond.
Bertie Ahern (Dublin Central, Fianna Fail)
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No legislation is involved.
5:00 pm
Trevor Sargent (Dublin North, Green Party)
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Will the promised legislation be amended to take into account the animal health Bill, which currently has no publication date? Given the gravity of matters such as reports of avian influenza and cases of foot and mouth disease in Brazil against a background of ongoing importation of Brazilian beef, will the Taoiseach indicate when the House will have a publication date for the legislation?
Given the possibility that the issue of qualifications may form part of the education Ireland Bill and in light of the Government's failure to meet education pledges on class sizes and literacy, which were contained in the programme for Government, will the Bill be quickly introduced?
Bertie Ahern (Dublin Central, Fianna Fail)
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As I have said a number of times, the heads of the animal health Bill have been approved for a considerable time. The purpose of the Bill is to consolidate and update the diseases of animals legislation. It is a complex matter to cover all Bills of this nature over a long period. I do not have a date but I have passed on the fact that the Bill has been raised in the House numerous times to see if it can be expedited.
The education Ireland Bill will establish a body to regulate education services, including the teaching of English as a foreign language to foreign students, and provide for related matters. It is still hoped the legislation will be ready next year.
Olivia Mitchell (Dublin South, Fine Gael)
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This morning, we learned that the average travelling time of commuters into Dublin had increased by a further 12.5%. It does not take a genius to realise that if this trend persists, commuters will have no work to go to. Meanwhile, three successive Ministers for Transport under the Taoiseach——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation?
Olivia Mitchell (Dublin South, Fine Gael)
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Yes. Three Ministers for Transport have promised to liberalise the bus market. Is this still the Government's position and, if so, when will the relevant legislation be introduced? If it is not the Government position, does it have an alternative proposal to prevent complete gridlock?
Bertie Ahern (Dublin Central, Fianna Fail)
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Legislation is pending and discussions are ongoing between management and trade unions.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputy should table a question to the Minister. Legislation has been in place since 1932.
Bernard Durkan (Kildare North, Fine Gael)
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More decisions like that taken regarding the Dublin Port tunnel would be fun.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I have not yet called Deputy Durkan.
Breeda Moynihan-Cronin (Kerry South, Labour)
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Is the Taoiseach aware of the unprecedented steps general practitioners in County Kerry were forced to take yesterday in protesting outside Tralee General Hospital due to the lack of——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The matter does not arise on the Order of Business. As it has already been selected on the Adjournment, I ask the Deputy not to debate it as a token of fairness to her colleague who submitted it.
Breeda Moynihan-Cronin (Kerry South, Labour)
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The question relates to promised legislation, namely, the medical practitioners Bill. Will the Taoiseach ask the Minister for Health and Children to deal with the Third World conditions in Tralee General Hospital?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill is due in mid-2006.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach advise the House on the status of the health (nursing homes) (amendment) Bill, the purpose of which is to clarify and standardise the application of the nursing homes subvention scheme?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is hoped the legislation will be ready by Christmas. It will not be taken by Christmas but in the new session.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will it be published during this session?
Bertie Ahern (Dublin Central, Fianna Fail)
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That is still the hope.
Billy Timmins (Wicklow, Fine Gael)
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In recent days, the Taoiseach has gone to great lengths to overturn the view of some of his Ministers that he would not enter Government with Sinn Féin after the next election.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The matter does not arise on the Order of Business.
Billy Timmins (Wicklow, Fine Gael)
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In view of the fact the Fianna Fáil Party press office has spent the past year scaremongering about other groups in Government, will the Taoiseach indicate if he will make further announcements about groups with which he would not share Government after the next election? I do not have in mind the Progressive Democrats Party, but other parties. Is the Taoiseach ruling out any other party? If so, it would be helpful if he were to inform his press office.
Ruairi Quinn (Dublin South East, Labour)
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Did the Cabinet have sight of the building control Bill yesterday? If not, when does it expect to have sight of it?
Bertie Ahern (Dublin Central, Fianna Fail)
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No. I have been pressing to get the Bill cleared as soon as possible but it is still not ready.
Pat Rabbitte (Dublin South West, Labour)
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Does no one pay any attention to the Taoiseach?
Bertie Ahern (Dublin Central, Fianna Fail)
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I am told it will be ready this session and I will continue to inform Deputy Quinn who awaits the Bill.
Ruairi Quinn (Dublin South East, Labour)
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Will the Taoiseach recognise that, given the substantial amount of activity in the construction industry which many people welcome, a major consumer protection issue arises and the prospect of addressing it is being impeded by the absence of the Bill? It is an act of dereliction and a failure of responsibility that the legislation has not been introduced.
Paul Kehoe (Wexford, Fine Gael)
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Last Wednesday, I raised the issue of Irish families who were affected by the tsunami. I thank the Taoiseach and Minister for Foreign Affairs, Deputy Dermot Ahern, for their positive response in giving each of the families €5,000.
Brendan Howlin (Wexford, Labour)
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Earlier, the Taoiseach announced that the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, had refused an application to re-flag vessels to another member state of the European Union. Previously the Taoiseach informed the House that the Government was reviewing the legislation to determine whether it was possible to introduce legislation which would require a link between vessels or companies and the country of the flag under which they fly. Has progress been made in this examination? Is it intended to introduce such legislation?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Minister and the Office of the Attorney General have been carrying out an examination of all the matters around this issue. The statement I made today related to the position on one aspect of the issue. There has been a review and an examination of the Bill, which Deputy Rabbitte helpfully gave us, to see how we can deal with this issue. It is difficult and I am told the chances of successfully dealing with the matter are not great. It is being examined.
Dan Boyle (Cork South Central, Green Party)
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Is it proposed to introduce an amendment to the Residential Institutions Redress Act to include victims of the former Magdalene laundries? I also request a debate on the fact that compensation payments will probably surpass the figure of €1 billion which the Comptroller and Auditor General indicated would be a likely final sum. Surely it is time for the House to hold a review of the operation of the Residential Institutions Redress Act.
Bertie Ahern (Dublin Central, Fianna Fail)
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The matter can be raised in a number of ways but there is no extension of the Act.
Jimmy Deenihan (Kerry North, Fine Gael)
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I understand that an announcement of funding for Sports Campus Ireland is imminent. Will the Taoiseach confirm that the Abbotstown sports campus development authority Bill will be introduced in this session?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is to be published this session.
Bernard Durkan (Kildare North, Fine Gael)
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Notwithstanding the lethargy and general lack of energy which affects the benches opposite, would it be possible for the Taoiseach to rouse the Minister for Communications, Marine and Natural Resources to introduce the energy Bill promised for this session, particularly as it, like the Government, is coming to a close?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill is due this session.
Tommy Broughan (Dublin North East, Labour)
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Will the major consultancy report on inland fisheries be published this week? Will it be followed by legislation?
Bertie Ahern (Dublin Central, Fianna Fail)
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I will have to check that.
James Breen (Clare, Independent)
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In view of the disgraceful attempts to force redundancies at Shannon Airport and outsource work in a manner akin to the approach taken by Irish Ferries, as well as the disgraceful sell out of the mid-west region in the abolition of the bilateral agreement——
Martin Cullen (Waterford, Fianna Fail)
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I saved the people of the mid-west.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Minister to allow Deputy Breen to put his question.
James Breen (Clare, Independent)
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The Minister sold out the mid-west in America last week. Why did he not opt for an impact study?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The question must be appropriate to the Order of Business. What matter is the Deputy raising?
James Breen (Clare, Independent)
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If the Ceann Comhairle gives me a chance, I will tell him.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy has had many chances.
James Breen (Clare, Independent)
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Will the Government introduce the industrial development (amendment) Bill because it relates to the Shannon free zone? When will the open skies arrangements be introduced? The Ministers for Transport and Arts, Sport and Tourism, both of whom are from the south, sold out the mid-west by failing to maintain the transatlantic status of Shannon Airport.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On the legislation, I call the Taoiseach.
James Breen (Clare, Independent)
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The Minister has sold us out, and the Taoiseach allowed it to happen. When Mr. Charles Haughey was Taoiseach, he did not allow that.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Breen, please allow the Taoiseach to answer the question.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach to answer on the legislation.
James Breen (Clare, Independent)
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Had the Minister ever seen a party welcome him to the area? The Minister has sold out the mid-west.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We move on to No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann for a Council framework decision on the European evidence warrant for obtaining objects, documents and data for use and proceedings in criminal matters.
Liz McManus (Wicklow, Labour)
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I am sorry, but I had my hand up for some time. I would like to ask a question.
Michael McDowell (Dublin South East, Progressive Democrats)
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It had better be good.
Liz McManus (Wicklow, Labour)
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It is always good. It is a pity I cannot say the same for the Minister.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should ask her question, if she has one. If she does not, we will move on to No. 10.
Liz McManus (Wicklow, Labour)
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Last Thursday, the Oireachtas Joint Committee on Health and Children received the most affecting presentation I have ever heard, one that undermines public confidence in hospital services.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation appropriate to the Order of Business?
Liz McManus (Wicklow, Labour)
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MRSA and Families came before us and asked that we act. Will the Taoiseach consider amending the Health and Safety Authority legislation to make MRSA a notifiable disease?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If legislation has been promised, I suggest that the Deputy submit a question to the line Minister.
Liz McManus (Wicklow, Labour)
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It is extraordinary that our hospitals are such dangerous places.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is in order to ask the Taoiseach if legislation has been promised. If it has been promised, I suggest that the Deputy submit a question to the line Minister.
Liz McManus (Wicklow, Labour)
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I am sure that the Taoiseach would be willing to answer.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?
Bertie Ahern (Dublin Central, Fianna Fail)
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No, but I will make the Deputy's views known to the Minister.