Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 11, motion re appointment of members of the Garda Síochána ombudsman commission; No. 12, motion re proposed approval by Dáil Éireann of the Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006; No. 13, motion re proposed approval by Dáil Éireann of the Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006; No. 14, motion re ministerial rota for parliamentary questions; No. 15, Sea-Fisheries and Maritime Jurisdiction Bill 2005 — Financial Resolution; No. 16, Irish Medicines Board (Miscellaneous Provisions) Bill 2005 [Seanad] — Financial Resolution; No. 18, statements on European Council, Brussels; and No. 19, Registration of Deeds and Title Bill 2004 [Seanad] — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that (1) Nos. 11 to 16, inclusive, shall be decided without debate; (2) the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: (i) the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes, and subject to (ii), shall be confined to the Taoiseach and to the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, and which shall not exceed 15 minutes in each case; (ii) Members may share time; and (iii) immediately following the statements, the Minister for Foreign Affairs shall take questions for a period not exceeding 20 minutes; and (3) Private Members' business shall be No. 45, motion re Services Directive, which shall also take place tomorrow immediately after the Order of Business and shall be brought to a conclusion after 90 minutes on that day.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are three proposals to put to the House. Is the proposal for dealing with Nos. 11 to 16, inclusive, agreed to?

Jim O'Keeffe (Cork South West, Fine Gael)
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On behalf of Fine Gael, I oppose the taking without debate of the motion to establish the Garda Síochána ombudsman commission. The Garda Síochána Bill 2004 was guillotined in the House last July and many issues such as the ombudsman commission were not adequately addressed. Many of us sought a single, Nuala O'Loan-type ombudsman but we have ended up with an ombudsman commission. Under the Act, the commission must be recommended by the House and then appointed by the President. It is the wrong approach to take the House for granted in this case. I have no objection to the proposed appointees, as my objection is to the process. I am sure the individuals involved are all very worthy people but I am concerned about the method of their appointment. No advertisement was placed and there was no screening process. Even judges are recommended by an advisory body but, in this case, names were pulled out of the blue by the Government and presented to the Dáil and we are being asked to rubber stamp them. How were the requirements of the Act complied with before the names were presented to us? The Act requires that the persons appointed must have "appropriate experience, qualifications, training or expertise". I have no idea whether these persons qualify under that provision. Once again, the Government is treating the Oireachtas as a rubber stamp. This is not the proper way to deal with this business and I object strongly to it. There should be a debate on the motion and related Garda issues such as the disciplinary regulations. A ludicrous scenario has emerged whereby the only penalties available under the regulations are the loss of one month's salary or dismissal. However, the motion should be debated, otherwise the House is being treated as an utter rubber stamp.

Joe Costello (Dublin Central, Labour)
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The Labour Party also objects to the taking of this motion without debate. The Garda Síochána Bill 2004 was rushed through the House at the end of the session last July and a significant number of amendments were not addressed. The proposed commission is covered by Parts 3 and 4. The legislation proposes that the commission should have an important function and that is underpinned by the President making appointments to it. The President does not normally make appointments to boards and so on. The Government has made nominations without placing an advertisement. No specification was drafted and we do not know what qualifications, experience, training or expertise were required of the appointees. We are being asked to nod the appointments through without a debate.

The Garda Síochána Complaints Board, which was established in 1987, has been discredited — the Garda itself is the first to admit that — and that is why the commission was proposed. It is important, considering what has happened in recent years, that a proper mechanism should be implemented to give credibility to the examination of complaints about Garda activities. If the motion is rushed through, we will once again not have had the opportunity to properly assess the expertise of the appointees and the operation of the body involved. This is the first day of this session and we should begin properly by ensuring this important issue is debated.

Trevor Sargent (Dublin North, Green Party)
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The Green Party is opposed to No. 11, in particular, being taken without debate. The Government has shied away from the Dáil for long enough and it wants to shy away from debating this issue. I take on board the points made by Deputies Jim O'Keeffe and Costello. However, we had debates on the appointments of the Ombudsman and Information Commissioner and the Ombudsman for Children and they provided a useful opportunity for the public to have a say through their public representatives and for the officeholders to get a sense of the way in which their offices are perceived and the expectation on their offices. It is remiss of the Government to seek to put through this proposal without debate, particularly given that the relevant legislation suggests and creates the expectation of a debate. This is a dangerous break from the precedent in this regard and it does no service to the persons to be appointed.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Against the backdrop of the Minister's intent to railroad into being the Garda reserve, as he so describes it, to proceed without debate with the appointment of members of the Garda Síochána ombudsman commission is inappropriate. There are many issues that require address in this matter. An opportunity in this House to address this and the other salient points is required. It is to the betterment of any matter that we address it in this Chamber rather than merely rubber-stamping it. To allow for the sharing of all perspectives and information and informing the wider public is surely part of the role and responsibility of this House. I oppose the taking of No. 11 without debate.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Garda Síochána Act 2005 provides for the establishment of the Garda Síochána ombudsman commission to investigate complaints against members of the force. Section 65 of the Act provides that the commission is to consist of three members, all of whom are to be appointed by the President following nomination by the Government and the passage of a resolution of each House of the Oireachtas recommending their appointment. One of the persons to be appointed is to be the chairperson.

In reply to Deputy Jim O'Keeffe, provisions regarding the process of appointment, the number of appointees and the manner of their operation is already set out in the legislation. We are concerned now with the names of the three individuals. On 13 December last, the Government nominated the following persons for appointment by the President to be members of the Garda Síochána ombudsman commission: Mr. Justice Kevin Haugh, chairperson, Ms Carmel Foley and Mr. Conor Brady. It is necessary for the Dáil and Seanad to recommend their appointment through a resolution. Mr. Justice Kevin Haugh is well known as a judge of the High Court, Ms Foley is equally well known as the Director of Consumer Affairs, and Mr. Brady is a former editor of The Irish Times. The Minister did all he could to select three apolitical people who are suitable and have a range of experience in both judicial and administrative matters.

If the House believes there should be a debate about the names — and that is the issue which will be discussed — it can take place tonight. We have already made the arrangements with the President to nominate the appointees, as required. However, if Members wish to discuss the suitability of these people and have a debate about them with the Minister and me, that is fine. However, we will not debate anything other than the three names. I have no objection if the Whips decide the House should sit late tonight to discuss the suitability of Mr. Justice Haugh, Ms Foley and Mr. Brady.

Trevor Sargent (Dublin North, Green Party)
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On a point of order, the Taoiseach said he has already made an arrangement with the President because he presumed this decision would be taken.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is not a point of order. The Deputy is raising the issue again.

Trevor Sargent (Dublin North, Green Party)
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Is that the regard in which this House is held, that it is completely without significance in this matter?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If it is not agreed, we must put the question——

Jim O'Keeffe (Cork South West, Fine Gael)
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It is not agreed.

Emmet Stagg (Kildare North, Labour)
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We do not want a vote.

Trevor Sargent (Dublin North, Green Party)
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What is the point of the Taoiseach coming in here, proposing to make a decision when it has already been presumed——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There is a proposal before the House. There cannot be a point of order when the Chair is putting a question.

Emmet Stagg (Kildare North, Labour)
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Nobody asked for a vote on this.

Séamus Brennan (Dublin South, Fianna Fail)
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The Opposition's bluff has been called.

Trevor Sargent (Dublin North, Green Party)
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On a point of order, may I ask you, a Cheann Comhairle, to remind us again about your ruling in regard to mentioning the President in this House and drawing the President into a political debate?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise at this stage. The Chair will be pleased to facilitate the Deputy at another time.

Trevor Sargent (Dublin North, Green Party)
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On a point of order, I ask you, a Cheann Comhairle, to clarify the matter from your own rulings in the past.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with No. 18——

Trevor Sargent (Dublin North, Green Party)
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The Taoiseach has not just drawn the President into the debate, he has contacted her presuming a decision of this House.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is out of order.

Trevor Sargent (Dublin North, Green Party)
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I am asking the Chair for a ruling——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair will be pleased to give the Deputy a ruling. However, I will not interrupt the Order of Business to give the Deputy a ruling at this stage.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy must resume his seat.

Liz McManus (Wicklow, Labour)
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On a point of order——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy McManus.

Trevor Sargent (Dublin North, Green Party)
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On a point of order, the Taoiseach——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, you will go outside. I call Deputy McManus.

Trevor Sargent (Dublin North, Green Party)
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A Cheann Comhairle, why will you not restrain the Taoiseach? All I ask for is objective impartiality.

Liz McManus (Wicklow, Labour)
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Given that six different items have been bunched together, it has been impossible for me to raise an important matter in regard to No. 16.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, that is not a point of order. That matter has been decided. I suggest that the Deputy reads Standing Order 26.

Liz McManus (Wicklow, Labour)
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It impedes the work of this House if one cannot raise items on the Order of Business which are of relevance.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy.

Liz McManus (Wicklow, Labour)
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I ask the Ceann Comhairle to consider the problem I am raising with him.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Yes, Deputy——

Liz McManus (Wicklow, Labour)
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I do not expect the Ceann Comhairle to give me an answer to it now.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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——and the answer is that the Deputy should read Standing Order 26, and if she does not like it, she should arrange to have it changed.

Liz McManus (Wicklow, Labour)
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That answer does not deal with the issue I raised.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with No. 18, statements on the European Council——

John Gormley (Dublin South East, Green Party)
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On a point of order——

Liz McManus (Wicklow, Labour)
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The Chair's answer did not deal with the point of order I raised. This is not about there being a problem with Standing Orders but about there being a problem with a convention building up whereby omnibus motions are taken together which deal with a range of issues, and that impedes our work.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This is not a matter for the Chair; the House has already decided on this issue.

Liz McManus (Wicklow, Labour)
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Surely the Ceann Comhairle's role is to assist us——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to allow the business of the House to continue.

Liz McManus (Wicklow, Labour)
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——in the work we are entrusted by the people to carry out in this House. By having omnibus motions such as this, we are blocked from raising issues which are of public interest. I ask the Ceann Comhairle to ensure that such omnibus motions are not put forward which prevent us from raising points on an area such as health which is important to many of our people.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy resumes her seat, the Chair will explain the position. A proposal grouping one or more items of business is in order as the proposed arrangements to be followed are more or less the same for all items to be taken without debate or identical speaking times. The items are voted on separately when put before the House after the Order of Business. It should be borne in mind that a proposal on the Order of Business is a narrow procedural motion making arrangements for the taking of business and nothing else. The proposal is a motion put forward by the Government and is in accordance with precedent.

Liz McManus (Wicklow, Labour)
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Implicit in this is that there would be——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to allow us to continue with the business of the House.

Liz McManus (Wicklow, Labour)
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——common ground between the various items to be taken under an omnibus motion but that is not the case here. Six different items are being taken together. The debate is being stifled because of a procedural approach which is new. This was not the case in the past. I ask the Ceann Comhairle to assist Members of the House in the work we do and not to block debate.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair has read the ruling and it is there for everyone to see.

On the proposal for dealing with No. 18——

John Gormley (Dublin South East, Green Party)
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On a point of order, this is a very important matter and we are trying to raise it. We are just asking for a little bit of impartiality from yourself, Sir.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is not a point of order and I ask the Deputy to resume his seat.

John Gormley (Dublin South East, Green Party)
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I want to raise this point.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with No. 18, statements on the European Council, agreed to?

Deputies:

It is not agreed.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Ó Caoláin.

John Gormley (Dublin South East, Green Party)
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If I raised such a question with the President I would be shot down.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is obvious to the Chair that the Deputy has come in to disrupt business in the House.

John Gormley (Dublin South East, Green Party)
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I did not.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Ó Caoláin has been called.

John Gormley (Dublin South East, Green Party)
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I ask the Chair to withdraw that remark.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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No, I will not withdraw it.

John Gormley (Dublin South East, Green Party)
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I did not come into this House to cause disruption. I am making a legitimate point of order.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to resume his seat.

John Gormley (Dublin South East, Green Party)
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The Taoiseach has assumed that we will simply pass legislation — that we will rubber-stamp it.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That business has been dealt with.

John Gormley (Dublin South East, Green Party)
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The Taoiseach has contacted the President already.

Michael McDowell (Dublin South East, Progressive Democrats)
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We offered the Deputy's party a debate on it but it did not take it up.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Minister to allow the Deputy to resume his seat.

John Gormley (Dublin South East, Green Party)
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We believe in democracy, the Minister does not and that is the bottom line.

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy should keep taking the tablets.

John Gormley (Dublin South East, Green Party)
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I will not rubber-stamp this.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does Deputy Ó Caoláin want to say something on this matter?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I do.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Ó Caoláin has been called.

John Gormley (Dublin South East, Green Party)
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This is disgraceful.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to object to the taking of No. 18, statements on the European Council, on two grounds, one being the amount of time allocated to it. The 80 minutes allocated is inadequate given that we seldom get an opportunity to properly address current European and wider international interests. Since the last time we addressed European matters a number of developments have occurred that warrant full attention and address in this House. Unfortunately, the time allocated will not allow the full participation that Members would wish. I refer specifically to the so-called extraordinary rendition, kidnapping and the illegal detention of detainees in European countries by——

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——the CIA and possibly other US agencies.

The Irish Government and the cacophony that is echoing all around me might well examine their own position in relation to complicity in all of this regarding the continued use of Shannon Airport by the US Government, accommodated by our Government all too regrettably.

I will move on to the second ground on which I object to the taking of this matter. If I had some order, it would make this project much easier for me. However, if I am not to have that, I would like to say that I object to the length of time allocated for this matter because of something that has been clearly omitted from the Order of Business and that should be before the Dáil. I take this opportunity to commend Deputy Michael Higgins for having brought to public attention the issue of the secret treaties that have been entered into by this Government with the US Government.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy will have an opportunity to speak on the motion.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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No, unfortunately, I will not. I object to the matter proceeding as outlined because this matter in relation to the guarantee to the US Government is contrary to Article 29 of the Constitution. Is there a level of noise around the House or is it that I cannot get a few moments of Members' attention?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy seems to have moved on to the statements on the European Council.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Article 29 of the Constitution is quite specific.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy has been quite specific as to why he is opposing this matter.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have made my points on two counts. One is on the basis of Article 29 and the other is the omission of the opportunity to address a major transgression of responsibility by the Government relative to Article 29 of the Constitution and a succession of private and secret agreements entered into with the US Government and not unallied to the issues to be addressed.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business tomorrow agreed? Agreed.

Enda Kenny (Mayo, Fine Gael)
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I note the publication of the legislative programme by the Chief Whip for the forthcoming session. The Taoiseach will recall that on the priority list of legislation for the autumn session of 2005 there were 14 Bills and between November and December we repeatedly asked the Taoiseach when certain of these Bills would be published. The stock response was that they would be published before the House would resume today, before the commencement of the new session. Yet, on the new list produced by the Chief Whip five of the Bills are ones that were due to be published before the start of this session. In other words, they were to be published before yesterday. Does this mean the Taoiseach is being taken for a sucker in terms of his having repeatedly inquired as to when Bills would be published and being told they would be published before the House would commence? Five of the 14 Bills that were on the previous priority list for the autumn session of 2005 are on the new list. I also note that another Bill, the Foyle and Carlingford fisheries Bill has disappeared from the list. The Taoiseach might indicate the reason, within the legislative production process, he was given repeated guarantees to the House that legislation would be published when those targets had not been achieved. He might also indicate where the Foyle and Carlingford fisheries Bill has gone.

When is it proposed to fill the vacant seat across the House which was occupied until very recently by Deputy Callely? There is a vacancy within the Minister of State ranks. Perhaps the Taoiseach might take some people out of their anxiety by indicating when he will he intends to fill the vacancy.

Bhí mé thíos in Ollscoil na Gaillimhe leis anAire, an Teachta Ó Cuív, oíche amháin le déanaí. Bhí raic ar siúl idir iar-ollamh agus ollamh san ollscoil faoi leasúó thaobh Bhille an Choláiste Ollscoile, Gaillimh (Leasú) 2005 de. Tá an Bille imithe tríd an Seanad. Tá a fhios ag an Taoiseach gur chuir bord na hollscoile leasú os comhair an Rialtais agus gur chuir an Rialtas an leasú sin os comhair an Ard-Aighne, a thug comhairle don Rialtas a bhí níos láidre ná an chéad leasú a tháinig isteach. An bhfuil an Taoiseach sásta go bhfuil sé sin an chás? Cathain a tiocfaidh an Bille sin os comhair na Dála?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Next week.

Bertie Ahern (Dublin Central, Fianna Fail)
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Tá an Bille aontaithe.

Enda Kenny (Mayo, Fine Gael)
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Níl sé aontaithe. Tá sé imithe tríd an Seanad. Tá sé foilsithe. Cathain an dtiocfaidh sé os comhair na Dála?

Bertie Ahern (Dublin Central, Fianna Fail)
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It is not possible to indicate when the Foyle and Carlingford fisheries Bill will be published. It is a joint project with the Northern Ireland authorities. Work has been completed on our side and we are awaiting the text from Northern Ireland. I cannot say at this stage when it will be ready. It will take some time.

The other Bills to which Deputy Kenny referred should have been ready for this session. The information I gave the House indicated that the Bills would have completed the parliamentary drafting process and would be ready. If they have gone over time, it is because the drafting process has taken somewhat longer than should have been the case. The Chief Whip tries to ensure, as far as possible, that the information about the legislation he lists at the start of the session is true and that such legislation is published at least by the commencement of the next session.

Emmet Stagg (Kildare North, Labour)
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He is being gazumped by Deputy McDowell's emergency legislation.

Bertie Ahern (Dublin Central, Fianna Fail)
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If that has not been the case in respect of a number of the Bills that have been mentioned, it should be the case that such Bills will be available shortly.

Pat Rabbitte (Dublin South West, Labour)
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I was interested in the point raised by Deputy Kenny about the 1929 Act, as it applies to the National University of Ireland, Galway. I do not know whether the Bill in question has been given a slot next week.

I also wish to ask the Taoiseach about the widespread wish among the public for the retention of Operation Freeflow for the remainder of the year. Such a decision would have to be driven by a Minister. Given the trembling on the back benches, can the Taoiseach let us in on any secrets in that regard?

Michael Ahern (Cork East, Fianna Fail)
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There is no trembling at all.

Pat Rabbitte (Dublin South West, Labour)
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I understand that the Taoiseach intends to transfer the Minister of State, Deputy Gallagher, to get him out of the bind in which he, through no fault of his own, finds himself.

Noel Treacy (Galway East, Fianna Fail)
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If he binds he will be okay.

Pádraic McCormack (Galway West, Fine Gael)
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It is a fishy job.

Pat Rabbitte (Dublin South West, Labour)
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Will an announcement be made today?

In respect of repayments to long-stay patients in nursing homes and other facilities, when is it proposed that legislation will come before the House to enable the Tánaiste to make the repayments that were promised?

Pat Gallagher (Donegal South West, Fianna Fail)
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I do not have a history of changing parties.

Pat Rabbitte (Dublin South West, Labour)
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I was only trying to help the Minister of State.

Dermot Ahern (Louth, Fianna Fail)
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Deputy Rabbitte has had more parties than the Minister of State has had hot dinners.

Pat Gallagher (Donegal South West, Fianna Fail)
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The Deputy has changed parties five times.

Emmet Stagg (Kildare North, Labour)
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Perhaps the Minister of State will be given what he was promised in the first instance.

Pat Rabbitte (Dublin South West, Labour)
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Perhaps he will be elevated.

Bernard Durkan (Kildare North, Fine Gael)
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That is right.

Bertie Ahern (Dublin Central, Fianna Fail)
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If the Bill relating to the 1929 legislation is not taken next week, it will be taken the week after. I do not have an exact date regarding the nursing homes legislation but it will be before the Dáil in this session.

Richard Bruton (Dublin North Central, Fine Gael)
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We were promised the Bill by July of last year.

Liz McManus (Wicklow, Labour)
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We hear that in every session. We were promised it would be introduced in the autumn.

Bertie Ahern (Dublin Central, Fianna Fail)
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I am promising it again now.

Liz McManus (Wicklow, Labour)
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We were then told that it would be in by Christmas.

Joan Burton (Dublin West, Labour)
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The next thing we will be told is that it will be in by the summer.

Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of the Bill have been assured.

Liz McManus (Wicklow, Labour)
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Is this a diplomatic assurance?

Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill will be published in this session. I have no statements for Deputy Rabbitte today.

Trevor Sargent (Dublin North, Green Party)
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I ask for the indulgence of the Chair to allow my colleague, Deputy Gogarty, to raise an important point.

Paul Gogarty (Dublin Mid West, Green Party)
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I wish to ask about promised legislation in the context of today's news that the Minister for Justice, Equality and Law Reform has again decided to deport Mr. OlunkunleEluhanla. I note that the Tánaiste, who represents the Palmerstown area of Dublin, is sitting beside the Minister at present. There is a need for a full and honest debate, not least about the reasons for the Minister's reversal of his decision of last year. It seems that the latest decision has been taken out of spite.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation?

Paul Gogarty (Dublin Mid West, Green Party)
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Yes. Will the Taoiseach bring the proposed immigration and residence Bill to the House immediately so that we can debate Mr. Eluhanla's case in the context of proper immigration policy? It is important that the Minister, Deputy McDowell, should be convinced, by proper debate and argument in this House, that his reasons for deporting Mr. Eluhanla are erroneous and informed by nothing more than spite. Rather than ensuring that the students of Pobalscoil Iosolde take to the streets once again, we should debate this issue in a mature and responsible manner.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss the legislation now.

Paul Gogarty (Dublin Mid West, Green Party)
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I am aware of that but this is breaking news.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to allow the Taoiseach to reply.

Paul Gogarty (Dublin Mid West, Green Party)
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It was not appropriate to use Standing Order 31 in this instance.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to allow the Taoiseach to answer his question.

Paul Gogarty (Dublin Mid West, Green Party)
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Yes. Can the Taoiseach answer my specific question about bringing the Bill in question to the House within the next four or five days?

Bertie Ahern (Dublin Central, Fianna Fail)
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The immigration and residence Bill is due to be published this year.

Paul Gogarty (Dublin Mid West, Green Party)
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Will the Taoiseach agree to bring it forward in the next couple of days, given that this is an emergency issue?

Bertie Ahern (Dublin Central, Fianna Fail)
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No, I will not.

Paul Gogarty (Dublin Mid West, Green Party)
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With respect, this question needs to be asked and answered. The Taoiseach tends to dodge issues of this nature.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We must move on to the next business fairly soon——

Paul Gogarty (Dublin Mid West, Green Party)
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I will not stay here.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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——because there is an 80-minute time limit on it.

Paul Gogarty (Dublin Mid West, Green Party)
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I know the Ceann Comhairle would like to throw me out of the House, so I will leave the House in protest.

Michael Ahern (Cork East, Fianna Fail)
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We will not even notice.

Olwyn Enright (Laois-Offaly, Fine Gael)
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I would like to raise an issue that is not breaking news. The Taoiseach is aware that 15 of the 22 alleged abusers referred to in the Ferns Report accessed children through their work, either in boards of management or in schools. In that context, will he indicate when legislation establishing a register of persons considered unsafe to work with children will be considered in the House? Why is the excuse of the situation in Northern Ireland being used, given that extremely good legislation is in place in that jurisdiction?

Bertie Ahern (Dublin Central, Fianna Fail)
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Work on the Bill in question has concentrated on developing procedures for the vetting of convictions through the vetting unit. The development of a register gives rise to a range of legal, policy and practical implementation issues. The Departments of Education and Science and Health and Children are in discussions about the establishment of a pre-employment consultancy service. That is the current position in respect of this work. I do not have a date for the publication of the legislation.

Jan O'Sullivan (Limerick East, Labour)
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Does the Government intend to introduce a new Schedule to the Residential Institutions Redress Act 2002 and to extend the relevant timeframe? I have received a letter from the Tánaiste, stating that——

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

Jan O'Sullivan (Limerick East, Labour)
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——the Department of Health and Children informed the Department of Education and Science last April that it inspected the Regina Coeli hostel, of which the Morning Star Mother and Baby Home was a constituent part, which is where Ms Marie-Therese O'Loughlin was born and spent the first few years of her life. People on all sides of the House were consistently told that the hostel could not be included because it had not been inspected.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should allow the Taoiseach to answer the question.

Jan O'Sullivan (Limerick East, Labour)
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The Department of Health and Children told the Department of Education and Science that the hostel was inspected.

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

Jan O'Sullivan (Limerick East, Labour)
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We need a very clear response on this matter.

Joe Costello (Dublin Central, Labour)
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Hear, hear.

Jan O'Sullivan (Limerick East, Labour)
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The provisions of the Act should be extended to provide for more time.

Bertie Ahern (Dublin Central, Fianna Fail)
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There will be no extension of the Act. Hostels have been included from the 2002 Act throughout this process.

Jan O'Sullivan (Limerick East, Labour)
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I am asking about the mother and baby unit of the hostel. We have been given 101 different reasons this cannot be done.

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

Jan O'Sullivan (Limerick East, Labour)
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We have now been told that inspections took place.

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

Jan O'Sullivan (Limerick East, Labour)
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It is not good enough. I will raise this matter again until the necessary changes are made.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In each of the parliamentary sessions in 2005, we were promised that the health (repayment scheme) Bill, designed to reimburse those who were wrongly charged for nursing home care, would be published. We have now been told that we will have to wait up to the beginning of the next session before the legislation is published. Will the Taoiseach give the House a commitment that the Bill will actually be enacted before Easter, rather than just appearing on the legislative programme, so that those people who have been denied the reimbursement of the moneys taken from them can look forward, at least, to repayments happening within that timeframe?

There are five major health Bills in section C of the Government's legislative programme.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to be brief because at least eight other Deputies are offering.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I will be as brief as the other Deputies who have spoken so far.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Some 80 minutes have been provided for the next business. If we do not start that business by 5.40 p.m., it will not be finished in time for Private Members' time.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I would probably have already asked my second question at this stage.

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

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There are five major health Bills, covering a range of matters, in section C of the Government's legislative programme. Given that a backlog of important legislation has already built up in the Department of Health and Children, does the Taoiseach believe that each of the five Bills in question will be presented in the House in 2006?

Emmet Stagg (Kildare North, Labour)
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On a point of order, the Chief Whip has made it clear that if the statements on the Council of Europe do not conclude by 7 p.m., he will propose that the Order of Business be amended to ensure that the statements run for 80 minutes. The difficulty alluded to by the Ceann Comhairle when he asked Deputies to hurry does not exist.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Perhaps the Chief Whip would like to do that now.