Dáil debates
Thursday, 17 November 2005
Order of Business.
10:30 am
Mary Harney (Dublin Mid West, Progressive Democrats)
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It is proposed to take No. 4, Sea-Fisheries and Maritime Jurisdiction Bill 2005 â Order for Second Stage and Second Stage, to adjourn at 2 p.m. if not previously concluded; and No. 1, Employees (Provision of Information and Consultation) Bill 2005 [Seanad] â Second Stage (resumed).
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are no proposals to put to the House.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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You cannot object to the Order of Business, Deputy, as there are no proposals before the House. It is the Taoiseach's prerogative to decide on the business of the day.
Enda Kenny (Mayo, Fine Gael)
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It is an inappropriate Bill. Every minor fine in it is a criminal offence which means that anybody so caught cannot travel to the United States, for instance. There was no consultation with the fishing industry about this Bill.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy, we cannot have a debate now. You will have an opportunity to speak on the Bill shortly.
Enda Kenny (Mayo, Fine Gael)
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When is it proposed to publish the report into the Abbeylara shooting? It has been promised on a number of occasions, including in June and September. I have been informed by a number of suppliers to the health service, mostly small suppliers, that the former health boards have cash flow difficulties with regard to paying manufacturers and service suppliers.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Do you have a question on legislation, Deputy?
Enda Kenny (Mayo, Fine Gael)
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Does the Tánaiste propose to introduce a Supplementary Estimate this year to deal with current cash flow difficulties in paying suppliers?
Mary Harney (Dublin Mid West, Progressive Democrats)
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The Abbeylara report has not been received yet. If a Supplementary Estimate is introduced, it will not be to deal with the matter raised by the Deputy. The mental health commission, for example, was not established this year because of a dispute with the consultants. There is some additional money that may be allocated to other needs in the health area between now and the end of the year but I am not aware of any issue regarding the payment of suppliers.
Enda Kenny (Mayo, Fine Gael)
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Can I bring the matter to the attention of the Tánaiste?
Mary Harney (Dublin Mid West, Progressive Democrats)
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Yes, certainly.
Pat Rabbitte (Dublin South West, Labour)
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If we are not permitted to oppose No. 4, we are entitled to ask the Tánaiste, given the dispute between the Minister for Communications, Marine and Natural Resources, Deputy Dempsey, and the Minister of State, Deputy Gallagher, whether the Government will proceed with this Bill. When will No. 66 on the legislative programme, the criminal justice (miscellaneous provisions) Bill, be published? Will it provide for the protection of witnesses on a statutory basis?
Rather than making a matter of frivolity at a time when two warring gangs are feuding and risking public safety on the streets of this city, does the Tánaiste not agree that the photograph on the front page of today's edition of The Irish Times is, at minimum, an ill-judged tasteless stunt by a Ministerââ
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy finds another way of raising this matter.
Pat Rabbitte (Dublin South West, Labour)
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ââmad on publicity and completely without regard for the environment in which he permits this to happen.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is not appropriate to the Order of Business.
Willie O'Dea (Limerick East, Fianna Fail)
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Deputy Rabbitte should take the matter up with the editor of The Irish Times.
Trevor Sargent (Dublin North, Green Party)
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The Minister should have considered his responsibilities.
Richard Bruton (Dublin North Central, Fine Gael)
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The editor should know the Minister is a clown.
David Stanton (Cork East, Fine Gael)
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We were lucky it was not loaded.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Tánaiste should be allowed to respond without interruption.
Mary Harney (Dublin Mid West, Progressive Democrats)
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The Government will proceed with the Sea-Fisheries and Maritime Jurisdiction Bill 2005. It is important legislation and will be debated next week. We hope to have it passed as quickly as possible. The criminal justice (miscellaneous provisions) Bill will be brought forward next year.
John Gormley (Dublin South East, Green Party)
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What about the Minister, Deputy O'Dea?
Jim O'Keeffe (Cork South West, Fine Gael)
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Will he now be known as Willie the Kid?
Willie O'Dea (Limerick East, Fianna Fail)
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That is the worst joke I have heard this morning.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Sargent should be allowed to speak without interruption.
Trevor Sargent (Dublin North, Green Party)
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Are we to expect any ministerial accountability for a photograph showing the Minister for Defenceââ
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That issue does not arise on the Order of Business.
Trevor Sargent (Dublin North, Green Party)
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I am merely asking the question. The answer is obviously "No".
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Durkan.
Trevor Sargent (Dublin North, Green Party)
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My question is relevant to the Order of Business.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Durkan has been called. I will return to Deputy Sargent if he has an appropriate question.
Trevor Sargent (Dublin North, Green Party)
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My question relates to promised legislation. I have raised the matter under Standing Order 31 and am entitled to find out whether the Government has a view on it.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is not entitled to raise it. I have dealt with this matter under Standing Order 31.
Dermot Ahern (Louth, Fianna Fail)
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Deputy Sargent should raise the matter with The Irish Times.
Trevor Sargent (Dublin North, Green Party)
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The Government has a view onââ
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I have called Deputy Durkan. I will call Deputy Sargent again presently.
Trevor Sargent (Dublin North, Green Party)
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The Minister for Defence can defend himself. He does not need the Ceann Comhairle to do so.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to resume his seat.
Trevor Sargent (Dublin North, Green Party)
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I am asking a basic question.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to obey Standing Orders and the ruling of the Chair. If he does not want to do that, he is aware of the appropriate action.
Trevor Sargent (Dublin North, Green Party)
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I obey Standing Orders and I accept the Ceann Comhairle's ruling on Standing Order 31.
Pádraic McCormack (Galway West, Fine Gael)
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Deputy Sargent was shot down by the Minister, Deputy O'Dea.
Bernard Durkan (Kildare North, Fine Gael)
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Last week, I tabled a question to the Tánaiste and Minister for Health and Children, Deputy Harney, requesting information on funding for the next phase of the Naas General Hospital development programme. The reply I received was that my query had been referred to the Health Service Executive.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on promised legislation?
Bernard Durkan (Kildare North, Fine Gael)
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Legislation may be required because we cannot get answers to the parliamentary questions we put to the Ministerââ
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?
Mary Harney (Dublin Mid West, Progressive Democrats)
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No legislation is promised in this regard.
Bernard Durkan (Kildare North, Fine Gael)
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In that case, will the chief executive of the HSE come into the House to answer questions? The Minister provides the funding and my question was about funding.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy must find another way of raising this matter. It is not appropriate to the Order of Business.
Bernard Durkan (Kildare North, Fine Gael)
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I appreciate that but the Tánaiste wishes to answer.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Costello. Deputy Durkan is generally very orderly.
Bernard Durkan (Kildare North, Fine Gael)
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Unless the Tánaiste has handed over responsibility for funding to somebody elseââ
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should submit a question to the Tánaiste and Minister for Health and Children.
Bernard Durkan (Kildare North, Fine Gael)
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Perhaps the Minister for Defence, Deputy O'Dea, will answer my question.
Joe Costello (Dublin Central, Labour)
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Reports in today's newspapers indicate that the Minister for Defence, following talks with the Taoiseach, the Minister for Justice, Equality and Law Reform and the Attorney General in the aftermath of the remarks made by Anjum Choudhury in Trinity College last week, intends to seek an amendmentââ
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation?
Joe Costello (Dublin Central, Labour)
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That is the question. The Minister for Defence claims he will seek an amendment to the incitement to hatred legislation. When is this amendment expected?
Does the Tánaiste agree that the photograph in today's edition of The Irish Times of the same Minister pointing a gunââ
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That issue does not arise.
Joe Costello (Dublin Central, Labour)
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ââmight be described as provocative? It might be the first case to be examined.
Jim O'Keeffe (Cork South West, Fine Gael)
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It is the first shot in the general election.
Mary Harney (Dublin Mid West, Progressive Democrats)
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The Minister for Justice, Equality and Law Reform intends, by way of a statutory instrument, to amend the legislation on incitement to hatred.
Joe Costello (Dublin Central, Labour)
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What about the second matter I raised?
Trevor Sargent (Dublin North, Green Party)
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The Minister, Deputy O'Dea, should be disarmed.
Dermot Ahern (Louth, Fianna Fail)
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We will set Paul Williams on the Opposition Members.
Joe Costello (Dublin Central, Labour)
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Will the Tánaiste give some indication when these regulations will be introduced?
Mary Harney (Dublin Mid West, Progressive Democrats)
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I understand it will be within the next two weeks.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Given the urgent need to discuss the ever-rising cost of medicines, the practices of the pharmaceutical industry and the need to encourage increased availability of generic medicines, will the two pharmacy Bills be taken together and is there any prospect they will be expedited?
Mary Harney (Dublin Mid West, Progressive Democrats)
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Both Bills deal with the regulation of the pharmacy profession. The first Bill, which deals with some fitness to practice issues, will be brought forward early next year. The cost of pharmaceuticals, which accounts for 11% of the health budget, is not the subject of legislation but rather of negotiation. Such negotiation will take place shortly both with the industry and other elements of the pharmacy supply chain, including pharmacists and wholesalers.
Richard Bruton (Dublin North Central, Fine Gael)
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The Tánaiste indicated that her Department may bring forward a Supplementary Estimate this year. What other Departments will present the same? Will today's Estimates for 2006 include all the Supplementary Estimates in the outturn provided for 2005 so that we have a proper picture of the overall spending position for this year?
Mary Harney (Dublin Mid West, Progressive Democrats)
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In regard to my Department, I am considering the allocation of some unspent moneys to priority areas. I have mentioned the moneys allocated for the mental health tribunals which have not been spent and will not be spent this year. I am not in a position to say whether other Ministers may plan to bring forward Supplementary Estimates.
Richard Bruton (Dublin North Central, Fine Gael)
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Will the outturn figures be accurate? Will they reflect those anticipated provisions?
Mary Harney (Dublin Mid West, Progressive Democrats)
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The outturn figures will, but I understand today's Estimates for public services will not.
Liz McManus (Wicklow, Labour)
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Will the Tánaiste ensure any money saved in the mental health area is spent in that area which is starved of funds? This morning, her Department and the HSE made a presentation on combatting MRSA. It is clear they are losing the battle and that guidelines and good intentions are not enough.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation?
Liz McManus (Wicklow, Labour)
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Will the Tánaiste consider making MRSA a disease notifiable to the HSE?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy submits a question to the Tánaiste and Minister for Health and Children.
Liz McManus (Wicklow, Labour)
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The Tánaiste is in the Chamber and I know she is concerned about MRSA.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This matter is not appropriate. Questions on health cannot be addressed simply because the Tánaiste is taking the Order of Business.
Liz McManus (Wicklow, Labour)
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Will she consider changes to legislation? We must stop the foostering around which is not delivering results and has facilitated an increase rather then decrease in MRSA.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should submit a question to the Minister.
Emmet Stagg (Kildare North, Labour)
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The Minister cannot answer questions because the law does not allow it.
David Stanton (Cork East, Fine Gael)
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There is little evidence of democracy in this regard.
Trevor Sargent (Dublin North, Green Party)
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There does not seem to be any regulation in regard to plastic surgery. Will the medical practitioners (miscellaneous provisions) Bill cover this area? When is the earliest date of publication for that legislation? As we are dealing with real doctors, will the position for the Government's chief science adviser be advertised this time around?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The latter issue does not arise on the Order of Business.
Trevor Sargent (Dublin North, Green Party)
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It arises on every other business.
Mary Harney (Dublin Mid West, Progressive Democrats)
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We do not have a licensing regime for hospitals but the medical practitioners (miscellaneous provisions) Bill will make the registration of professionals mandatory in future. We must look in due course at the licensing of hospital facilities and other places where medical treatments take place.
Shane McEntee (Meath, Fine Gael)
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In light of events in Kashmir in the last several weeks and the constant reminders from Charlie Bird and other reporters of these events, will the Government redouble its efforts to help the people affected? The snows are due in ten days' time there.
Jim O'Keeffe (Cork South West, Fine Gael)
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That is a fair point.
Mary Harney (Dublin Mid West, Progressive Democrats)
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Ireland is the third largest per capita contributor in the world to the relief fund. The Minister of State at the Department of Foreign Affairs with responsibility for overseas development and human rights and others will be available to do whatever else we can.
Tommy Broughan (Dublin North East, Labour)
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There was confirmation this morning that a large chunk, namely the marine part, of the Department of Communications, Marine and Natural Resources will be transferred to another Department. The ongoing feud between the Minister, Deputy Noel Dempsey and the Minister of State, Deputy Gallagher, has been resolved by taking out Deputy Gallagher's area. Given the promise in the programme for Government, is it possible to have a debate on a future department for maritime matters?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is a debate promised?
Tommy Broughan (Dublin North East, Labour)
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The Tánaiste claimed there would be a dedicated Department, headed by a Minister with a Cabinet place. This is a promise which was abandoned with the Department being cannibalised and spread all over.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy has made his point.
Mary Harney (Dublin Mid West, Progressive Democrats)
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That can be discussed between the Whips.
Finian McGrath (Dublin North Central, Independent)
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We can put it in Dublin Bay.
Jan O'Sullivan (Limerick East, Labour)
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After the visit of the Minister for Transport, Deputy Cullen, to the United States last week, I assume the Government is turning its attention to legislation on the open skies policy. Will the Tánaiste give a commitment for an economic impact study on the stopover decision on the Shannon region before legislation is introduced? Will the Minister for Defence, Deputy O'Dea, turn his attention to defending his region on this issue on which he is very silent despite being all over a newspaper this morning?
Eamon Gilmore (Dún Laoghaire, Labour)
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Mighty Mouse to the rescue.
Michael McDowell (Dublin South East, Progressive Democrats)
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That side of the House does not like competition.
Willie O'Dea (Limerick East, Fianna Fail)
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I will give Deputy O'Sullivan my number four preference.
Michael Ring (Mayo, Fine Gael)
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It is all part of public relations.
Pat Rabbitte (Dublin South West, Labour)
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He is a nasty little man.
Mary Harney (Dublin Mid West, Progressive Democrats)
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The recent decision the Government made on the separation of the airport authorities has meant an increase in traffic at Shannon Airport by 90% over the last year. That has to be a positive economic impact.
Jan O'Sullivan (Limerick East, Labour)
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What about the economic impact study?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy submits a question to the appropriate Minister.
Jan O'Sullivan (Limerick East, Labour)
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I have but got no answer.
Pat Rabbitte (Dublin South West, Labour)
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I note from the newspapers this morning, the Tánaiste approves of the sideways move of the Government chief science advisor for obfuscating about his academic qualifications. Given that the Taoiseach has done the same, does the Tánaiste anticipate a sideways or upwards move?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.
Pat Rabbitte (Dublin South West, Labour)
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It is double standards.
Joe Higgins (Dublin West, Socialist Party)
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As a matter of Dáil security, did the Tánaiste require the Minister for Defence to leave his weapon at the door this morning?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.
Seán Power (Kildare South, Fianna Fail)
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He left it besides Deputy Joe Higgins's handcuffs.
Willie O'Dea (Limerick East, Fianna Fail)
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Trotsky was big into weapons.
Michael McDowell (Dublin South East, Progressive Democrats)
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Where was the ice-pick left?
Joe Higgins (Dublin West, Socialist Party)
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If not, I was going to ask Deputy Ferris to go over and disarm him.
Willie O'Dea (Limerick East, Fianna Fail)
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The Ballybunion Bolsheviks.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputies will allow Deputy Joe Higgins to ask a question appropriate to the Order of Business.
Joe Higgins (Dublin West, Socialist Party)
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Weapons are not a laughing matter. However, we do sometimes have to undermine the increasing pomposity of Ministers.
Willie O'Dea (Limerick East, Fianna Fail)
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The Deputy should look in the mirror.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy will return to the Order of Business.
Joe Higgins (Dublin West, Socialist Party)
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In view of the proven criminal use of chemical weapons on civilians in Falluja by the US army, will the Government withdraw the use of facilities at Shannon Airport that assist this use?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business. I call on Deputy Michael D. Higgins.
Joe Higgins (Dublin West, Socialist Party)
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Will the Tánaiste make searches at Shannon Airport mandatory?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This does not arise on the Order of Business.
Joe Higgins (Dublin West, Socialist Party)
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It would arise under the crimes Bill which is to have a thorough review. Will mandatory searches be introduced at Shannon Airport?
Mary Harney (Dublin Mid West, Progressive Democrats)
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It is not possible to say when we will have the crimes Bill.
Joe Higgins (Dublin West, Socialist Party)
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What about the criminality in Falluja?
Finian McGrath (Dublin North Central, Independent)
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We will just turn a blind eye to it.
Michael D Higgins (Galway West, Labour)
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I am sure all Members would like to think that countries with which we have friendly relations are obeying the international conventions on the use of chemical weapons.
Liz O'Donnell (Dublin South, Progressive Democrats)
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Hear, hear.
Michael D Higgins (Galway West, Labour)
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The charities regulation Bill and the Ãdarás na Gaeltachta amendment Bill have been promised from the Department of Community, Rural and Gaeltacht Affairs for some time. Both Bills have celebrated their eighth birthday under the Minister. Does the Tánaiste anticipate them making the full decade before enactment or will they be withdrawn?
Mary Harney (Dublin Mid West, Progressive Democrats)
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The údarás legislation will be dealt with next year and it is not possible to say when for the charities legislation.
Jim O'Keeffe (Cork South West, Fine Gael)
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At least that was an honest answer.
Ruairi Quinn (Dublin South East, Labour)
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What is the delay in the publication of the building control Bill? We are four weeks from the end of this session and it has been promised for the last two years.
Mary Harney (Dublin Mid West, Progressive Democrats)
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That is true and I understand from the Minister of the Environment, Heritage and Local Government we will have it at the end of the year.
Ruairi Quinn (Dublin South East, Labour)
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Is this because of the request that emanated from the tent in Ballybrit that the building industry does not want this legislation?
Michael McDowell (Dublin South East, Progressive Democrats)
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The red tide.
Bernard Durkan (Kildare North, Fine Gael)
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The Ballybrit lobby.
Ruairi Quinn (Dublin South East, Labour)
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I can only say that in the absence of any other explanation.