Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 26, statements on the current situation in the European Union, including the treaty establishing a constitution for Europe; and No. 15, motion re Book of Estimates, 2006 (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings of No. 26 shall, if not previously concluded, be brought to a conclusion at 5 p.m. today, and the following arrangements shall apply: 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; the statements of each other Member called upon in the following sequence shall not exceed ten minutes in each case — Government, Fine Gael, Government, Labour, Government, Technical Group; the sequence to recommence. Members may share time; and 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. 53, motion re management companies (housing developments) (resumed) to conclude at 8.30 p.m.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There is one proposal to be put to the House. Is the proposal for dealing with No. 26, statements on the current situation in the European Union, agreed to? Agreed.

Enda Kenny (Mayo, Fine Gael)
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Last week the Tánaiste told me in this House that any Supplementary Estimate would relate only to the funding connected to the Mental Health Commission. I understand that the Tánaiste has not indicated how the shortfall in nursing home fees, which may amount to €100 million, is to be made up without affecting services. I am told that in the past week, the HSE——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot have a debate on the Estimates.

Enda Kenny (Mayo, Fine Gael)
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I am not having a debate. I am making a point before I ask a question of the Taoiseach.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is asking about an Estimate that will be discussed later, a Supplementary Estimate.

Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle does not know what I am going to ask. I understand that the HSE has instructed hospitals that there is a massive surplus of capital in their budgets and that they were to have items for capital expenditure submitted by yesterday. Is the Taoiseach happy that the HSE has the financial competence to manage——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business. That is a question for the line Minister or the Minister for Health and Children.

Enda Kenny (Mayo, Fine Gael)
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——the current and capital budget adequately? The Ceann Comhairle did not know what I was going to ask, and that is an important matter in terms of value for money.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Of course it is an important matter but it is not appropriate for the Order of Business.

Bernard Durkan (Kildare North, Fine Gael)
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The Taoiseach is ready to answer.

Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle might think he knows everything, but he does not.

Bernard Durkan (Kildare North, Fine Gael)
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Sorry, we did not hear that.

Pat Rabbitte (Dublin South West, Labour)
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My colleague, Deputy Wall, has created something of a record. He had no fewer than nine questions disallowed by the Ceann Comhairle yesterday, or whenever the "Minister for Sports, Tourism and craic" was last answering. Apart from the question this raises about what it is that my friend, the Minister from Cahirciveen, does——

Noel Treacy (Galway East, Fianna Fail)
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Many things.

Pat Rabbitte (Dublin South West, Labour)
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——apparently one cannot ask him questions about tourism, sport or cultural matters. The Minister has no official responsibility to Dáil Éireann, for this falls within the remit of Fáilte Ireland, or the Arts Council or whatever one is having oneself.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It was a decision of this House to give responsibilities to agencies outside this House.

Pat Rabbitte (Dublin South West, Labour)
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In many cases I can recall, assurances were given in the House that this would not take away from the Minister's accountability to this Chamber and from his responsibility to answer questions. Gradually, that is being eroded more and more.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It was a decision of the House. Legislation is debated in the House and the House decides on it.

Pat Rabbitte (Dublin South West, Labour)
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I will not be tempted to comment on that. Can I return to the matter of legislation I have raised?

Noel Treacy (Galway East, Fianna Fail)
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The Deputy should not throw in the towel so early.

Pat Rabbitte (Dublin South West, Labour)
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The Minister for Enterprise, Trade and Employment has persuaded the media that he has dropped the groceries order. Of course, this has not happened. Since it is contingent on amendment of the Competition Act when will such amending legislation come before the House?

Bertie Ahern (Dublin Central, Fianna Fail)
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I understand it is a short Bill and the Minister would like to get it passed prior to Christmas.

Pat Rabbitte (Dublin South West, Labour)
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Thank you.

Trevor Sargent (Dublin North, Green Party)
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Like the Taoiseach last week, on Saturday I and others had the opportunity of meeting with members of the DUP and the issue of promised legislation arose in regard to the register of persons considered unsafe to work with children. I have asked the Taoiseach about this previously. He told me in October that the Department of Health and Children was discussing the establishment of a pre-employment consultancy service. Will the Taoiseach go beyond that and give the House a date because it does not make sense that the Assembly is what is holding it up?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On promised legislation.

Trevor Sargent (Dublin North, Green Party)
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My second point concerns the road safety authority about which I asked yesterday. I have since looked at reports in the newspapers where the Minister for Transport has said legislation will be required for the setting up of a road safety authority and that it will be brought in before Christmas. Are we operating a secret list of promised legislation or is that false? Has the media got it wrong again or has the Minister got it wrong?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Perhaps the Deputy would allow the Taoiseach to reply to the question. We cannot have a debate.

Trevor Sargent (Dublin North, Green Party)
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Can we get to the truth?

Bertie Ahern (Dublin Central, Fianna Fail)
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On the issue of the road safety authority, I gave the information yesterday on the only Bill I had listed. I suggest Deputy Sargent table a question to the Minister for Transport, Deputy Cullen, and pursue it in that way.

On the matter of the register of persons who are considered unsafe to work with children, what the Deputy has said is correct. Initially we required the Assembly in the North to be operational but we have been in discussions to see whether we can establish a pre-employment consultancy service some other way. That is being examined.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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The Taoiseach advised the House this morning on some of the problems of Cavan Hospital and its difficulties and yet he has agreed that Monaghan General Hospital should be wound down. Can he say when the health Bill will come before the House to give us——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The health Bill.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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——an opportunity to discuss the position of the Hanly report, whether Monaghan General Hospital is being used as a guinea pig?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot debate the matter now, Deputy.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Many people in Monaghan want us to debate it as quickly as possible. There is also the issue of the nurses (amendment) Bill. If there were a few extra nurses in that hospital we could provide a service and save lives.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Allow the Taoiseach to respond on when the legislation will come before the House.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Lives need to be saved.

Bertie Ahern (Dublin Central, Fianna Fail)
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The health Bill and the nurses (amendment) Bill will come before the House in 2006.

Ruairi Quinn (Dublin South East, Labour)
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I was informed by the Minister for the Environment, Heritage and Local Government, Deputy Roche, that the building control Bill may not be taken this session. There is no question of it being taken this session but he hopes to have it published before the House resumes in 2006. What are the implications for Ireland of our failure to implement EU Directive 2002/90/91/EEC on the energy performance of buildings? We are building far more than any other country at present and there are serious implications down the road. I know the Taoiseach does not have the information now but, perhaps, he would find out the reason for the extraordinary delay in the Department of the Environment, Heritage and Local Government. Will he confirm there is no rivalry or clash between the Department of Communications, Marine and Natural Resources and the Department of the Environment, Heritage and Local Government on this matter?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will check the matter of the EU directive. I asked the Minister to contact Deputy Quinn in regard to the building control Bill because he had raised the issue. I understand the Bill will come before Cabinet but it will not be published until early in the next session. I spoke to the Minister about it again yesterday but I will let the Deputy know the implications of the directive.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In the context of the earlier and universal condemnation by Deputies of the disgraceful behaviour of sections of the Irish media following the tragic death of former Deputy Liam Lawlor, when will the promised legislation to amend the law of defamation be published to give effect to the commitment contained in An Agreed Programme for Government and to build on the work done by the Law Reform Commission, the commission on the newspaper industry and the legal advisory group on defamation?

Bertie Ahern (Dublin Central, Fianna Fail)
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It will be published in early 2006.

Bernard Durkan (Kildare North, Fine Gael)
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In view of the progress being made in the dispute at An Post and in order to further the interests of the postal service and the negotiations taking place is it possible to reintroduce the postal services (miscellaneous provisions) Bill so all Members could take part in a constructive debate? I wish to ask about two other Bills. In order to alleviate any embarrassment that may be suffered by Ministers as they race between RTE and TV3 and local and national radio with a view to——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We will have to move on. There are other Members offering and I want to try——

Bernard Durkan (Kildare North, Fine Gael)
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——disposing of the licence fee, the broadcasting Bill — which is important legislation — should be published as a matter of urgency.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The broadcasting Bill.

Bertie Ahern (Dublin Central, Fianna Fail)
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It will be published in 2006.

Bernard Durkan (Kildare North, Fine Gael)
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I appreciate the Ceann Comhairle is in a hurry but I am in a hurry too.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I am not, Deputy, but in fairness to the House——

Bernard Durkan (Kildare North, Fine Gael)
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I appreciate all of that.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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——I want to conclude the Order of Business very soon.

Bernard Durkan (Kildare North, Fine Gael)
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There is another item of important legislation given that Irish energy users in the industrial sector pay the highest prices in Europe.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy does not have the legislation——

Bernard Durkan (Kildare North, Fine Gael)
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This is promised legislation. The Chair is trying to help me but the energy (miscellaneous provisions) Bill has been promised and was supposed to be with us by now. This is an issue that affects the jobs of people all over the country.

Bertie Ahern (Dublin Central, Fianna Fail)
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It will be published this session.

Bernard Durkan (Kildare North, Fine Gael)
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There is not much time left in this session.

Joan Burton (Dublin West, Labour)
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Will it be necessary to introduce an additional Estimate to make the €60 million national aquatic pool accessible to severely disabled persons, including children? I had a reply from the Minister for Arts, Sport and Tourism to the effect that access for severely disabled persons would be improved.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss what might be in the Estimates.

Joan Burton (Dublin West, Labour)
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To spend €60 million on a national aquatic pool——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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First of all, it is only on a promised Estimate.

Joan Burton (Dublin West, Labour)
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Where is the legislation on the Abbotstown and Campus Stadium Ireland development which the Taoiseach has promised would be published five weeks ago?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is an Estimate promised?

Bertie Ahern (Dublin Central, Fianna Fail)
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The Abbotstown pool was used for the Special Olympics where there were many severely disabled people. There are some extremely disabled people and the Government has given money to the National Rehabilitation Hospital to build a pool for those people.

Pat Rabbitte (Dublin South West, Labour)
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There is a difference between the disabled and the intellectually disabled.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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A question to the Minister on the details might be more appropriate.

Joan Burton (Dublin West, Labour)
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I have sought an adjournment debate and have tabled questions to the Minister. He has told me that access has to be improved.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Order of Business is not the place to raise the matter.

Joan Burton (Dublin West, Labour)
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It is a national disgrace because €60 million has been spent on a swimming pool for the Special Olympics——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to resume her seat. There are four of her colleagues on the Labour benches offering——

Joan Burton (Dublin West, Labour)
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——and it is not accessible to disabled children.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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—— and she is taking up the time of the Order of Business.

Joan Burton (Dublin West, Labour)
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Deputy Rabbitte and I have been following this issue on behalf of children in Clondalkin.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We will have to move on to the next business.

Joan Burton (Dublin West, Labour)
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It is shameful that the Taoiseach washes his hands of disabled children who are unable to access the special pool.

Catherine Murphy (Kildare North, Independent)
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Following the landmark decision by An Bord Pleanála last Friday in regard to the landing of helicopters that it is no longer an exempt development when will legislation in that area be published? There is obviously a proliferation of helicopters at all types of sporting events. On a sunny day where I live the skies are as congested as the roads. It is an issue for which legislation will be needed. When can we expect that legislation?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will raise that issue with the Minister. No Bill is listed but I will make the Minister aware of the Deputy's thoughts.

Liz McManus (Wicklow, Labour)
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It is reported that seven people died from MRSA during the past ten days and the Minister is unable to tell the House the factual position on the level of MRSA and the number of deaths during the past year.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That matter does not arise on the Order of Business.

Liz McManus (Wicklow, Labour)
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May I ask the Taoiseach about promised legislation because it is clear from officials in the Department that central to this issue is the establishment of HIQUA, the health information and quality authority, which has been long delayed? It was due to be instituted on 1 January this year. When will that legislation come before the House in view of the deaths that have been recorded?

Bertie Ahern (Dublin Central, Fianna Fail)
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Next year.

Jerry Cowley (Mayo, Independent)
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Tuesday, 9 September 2003 was a very important date in Mayo when the mountain slid down to the sea. On the same day the Taoiseach and the then Minister for Communications, Marine and Natural Resources, Deputy Dermot Ahern, met Shell and gave it certain commitments regarding the Corrib gas field.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question appropriate to the Order of Business?

Jerry Cowley (Mayo, Independent)
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Four days later Shell met An Bord Pleanála. How does this equate with the independence of the planning board? What part did the Taoiseach's office play in setting up the meeting?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Stagg. I suggest Deputy Cowley submit a question to the appropriate Minister.

Emmet Stagg (Kildare North, Labour)
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The Ceann Comhairle will be aware of the constitutional imperative that the Dáil meets in public and having members of the press in the House ensures that constitutional imperative is met. Yesterday I advised the Ceann Comhairle that the House staff ordered journalists to leave the Press Gallery and he said that while he knew nothing about it, he would inquire. Will the Ceann Comhairle advise the House of the position regarding this matter?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I made some inquiries and I understand that in accordance with convention, the Press Gallery is cleared when the House is in suspension. I suggest that this may be a matter that should be considered. The Deputy may raise it at the Committee on Procedure and Privileges if he wishes to do so.

Emmet Stagg (Kildare North, Labour)
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We did so previously.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot get into a discussion on the matter now.

Emmet Stagg (Kildare North, Labour)
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We discussed it previously at the Committee on Procedure and Privileges and we agreed that the staff would be instructed not to do so.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That did not happen in my time. I call Deputy Sherlock.

Emmet Stagg (Kildare North, Labour)
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I believe it was in your time, a Cheann Comhairle.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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No. I call Deputy Broughan.

Pat Rabbitte (Dublin South West, Labour)
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You are there a long time, a Cheann Comhairle.

Emmet Stagg (Kildare North, Labour)
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We agreed on it anyway. It was before the Minister of State, Deputy Kitt, became Government Whip.

Tommy Broughan (Dublin North East, Labour)
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I believe the Ceann Comhairle called Deputy Sherlock.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Sherlock first and then Deputy Broughan. I apologise to Deputy Sherlock.

Joe Sherlock (Cork East, Labour)
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Tá go maith. I previously raised the matter of SouthDoc and referred to the Mitchelstown area. I ask about the medical practitioners Bill. There are serious problems with the new SouthDoc system in the Mitchelstown area.

Bertie Ahern (Dublin Central, Fianna Fail)
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The medical practitioners Bill is due in the middle of next year.

Tommy Broughan (Dublin North East, Labour)
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As a brief addendum to the reply the Taoiseach gave to Deputy Rabbitte's question, rather than splitting responsibility all over the place, would the Taoiseach consider keeping together the Department with responsibility for the marine and giving it to the Minister for Arts, Sport and Tourism, who apparently has so few responsibilities?

On the minerals development Bill, would it be possible before Christmas to arrange with the Whip to allow time in the House to discuss the report from the Centre for Public Inquiry into the Corrib gas pipeline?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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As the Deputy has pointed out, that would be a matter for the Whips.

Tommy Broughan (Dublin North East, Labour)
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As an addendum to the comments of my Fine Gael colleague, will the Taoiseach be calling on the chief executive of An Post to accept the recommendations——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise. I call Deputy Gormley.

Tommy Broughan (Dublin North East, Labour)
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——of the Labour Court given that the trade union has accepted it?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest that the Deputy submit his question to the appropriate Minister.

Tommy Broughan (Dublin North East, Labour)
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The Taoiseach understands the important role involved here.

John Gormley (Dublin South East, Green Party)
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Yesterday during questions to the Tánaiste and Minister for Health and Children it emerged that the Government had hired consultants, Target Health——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the Deputy's question appropriate to the Order of Business?

John Gormley (Dublin South East, Green Party)
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Yes, it certainly is.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should get straight to the question as we are moving on.

John Gormley (Dublin South East, Green Party)
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It is on promised legislation. Target Health advised the Government to continue——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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To what legislation does this relate?

John Gormley (Dublin South East, Green Party)
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Please, a Cheann Comhairle——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I am sorry. The Deputy must obey the Standing Orders like everybody else.

John Gormley (Dublin South East, Green Party)
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I am obeying the Standing Orders.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is not.

John Gormley (Dublin South East, Green Party)
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I am.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I am asking what legislation he is raising on the Order of Business.

John Gormley (Dublin South East, Green Party)
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If the Ceann Comhairle will let me speak he will find out.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy cannot make a statement——

John Gormley (Dublin South East, Green Party)
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This is not a statement.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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——or give a preamble or a Second Stage speech.

John Gormley (Dublin South East, Green Party)
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The Ceann Comhairle has given many people latitude. I am trying to get to the point and I ask him to let me get to the point. The Government hired consultants who recommended proceeding with the alcohol products Bill, yet it was abandoned.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Taoiseach to advise on the status of the alcohol products Bill.

John Gormley (Dublin South East, Green Party)
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Taxpayers' money was given to these consultants and the Government ignored their advice. Why did the Government ignore that advice?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach on the alcohol products Bill.

John Gormley (Dublin South East, Green Party)
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Will the Government reinstate the alcohol products Bill now?

Bertie Ahern (Dublin Central, Fianna Fail)
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As voluntary agreements have been reached between the alcohol and advertisement industries, the Department of Health and Children wishes to hold the introduction of legislation pending the outcome of the voluntary agreements. As I have said previously, if voluntary agreements work with the co-operation of the industry, that is fine. If they do not, then the legislation will be ready.

John Gormley (Dublin South East, Green Party)
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How long will the voluntary agreements be allowed to run?

Bertie Ahern (Dublin Central, Fianna Fail)
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That would be a matter for the Minister.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should submit a question. Deputy Michael D. Higgins offered yesterday and I said I would call him today.

Michael D Higgins (Galway West, Labour)
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Is it proposed to introduce legislation in the lifetime of this Dáil to establish the independence of TG4 as promised in the manifestos of both Government parties and in the programme for Government?

Bertie Ahern (Dublin Central, Fianna Fail)
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It is not listed as legislation. However, I know it is a matter that is under consideration by the Minister.