Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 1, the Building Control Bill 2005 — order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted on the adjournment of Private Members' business, which shall be No. 42, motion re rent supplement, which shall be taken for 90 minutes at 7 p.m., or on the conclusion of the opening speeches of No. 1, whichever is the later.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There is one proposal before the House. Is the proposal for the late sitting agreed? Agreed.

Enda Kenny (Mayo, Fine Gael)
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I note the Tánaiste has been responding to her inability to produce the legislation relating to the health repayment scheme Bill for persons in public beds in long-stay institutions. When will we see this legislation, as it is due for publication before the end of this Dáil session? Will the repayment scheme be operated by a private company, as was directed by the Tánaiste, and in respect of which tenders were received of between €30 million and €50 million to operate the scheme when the public service could do it, on the information that is there?

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

Enda Kenny (Mayo, Fine Gael)
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On 12 January, the Minister of State at the Department of Health and Children, Deputy Brian Lenihan wrote to me indicating he would attend Cabinet meetings on a regular basis, in order that children would have a stronger voice at Cabinet level with particular reference to the implementation of the Children Act 2001. Has the Minister of State attended any Cabinet meetings, and is he briefing the Cabinet?

I raised the question of the publication of the Martin report on indiscipline in schools. Is it true this is being held up because of an inability to translate it into Irish? This would be strange given the comments of the Minister for Education and Science, Deputy Hanafin, in recent days. The Taoiseach is aware that teachers trained abroad may have their qualifications recognised here by doing an examination called Scrúdú Cáilíochta sa Ghaeilge. These teachers have not yet been told when the examination will be or where the centre is.

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

Enda Kenny (Mayo, Fine Gael)
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It does arise.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to read Standing Order 26.

Enda Kenny (Mayo, Fine Gael)
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It has arisen now whether the Ceann Comhairle likes it or not.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is raising questions not appropriate to the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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This Government is bringing in teachers for recognition and will not tell them where or when the exam is.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I would prefer if the Deputy did not go down that road. I ask him to show a good example to his backbench colleagues by keeping within the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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It is a legitimate question and the Taoiseach will answer it.

Bertie Ahern (Dublin Central, Fianna Fail)
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The nursing homes legislation is still on target for this session. The Minister of State, Deputy Brian Lenihan, is co-ordinating his specialised area and is attending Cabinet meetings. I gave a reply last week on the Martin report, and subject to correction I believe I stated it would be available later this month. I will check that. I did not hear anything regarding the translation.

Pat Rabbitte (Dublin South West, Labour)
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On legislation on refunds to patients in long-stay nursing homes and other institutions, are difficulties being experienced in drafting the legislation? When will the Bill be published?

In light of recent comments, is legislation required for a Garda reserve force? If so, when will it be introduced? Does it have Government support?

Ruairi Quinn (Dublin South East, Labour)
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A D-Specials force.

Bertie Ahern (Dublin Central, Fianna Fail)
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The nursing home legislation is complex. It has taken some time to resolve the legal issues, but the legislation is on track and will be available this session. With regard to the Garda reserve, legislation is not listed. Ministers made statements but I cannot recall if it will require legislation. The Minister is going ahead with his proposals.

Pat Rabbitte (Dublin South West, Labour)
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I realise legislation is not listed. Is it required?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will have to check.

Trevor Sargent (Dublin North, Green Party)
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I join the expressions of sympathy to the Keegan family and Mr. Brian Keegan on the death of his wife Mary and sons Glen and Andrew. I also extend sympathy to the community in Firhouse and the wider community. With regard to promised legislation, I ask whether the eligibility for health and personal social services Bill will take into account humanitarian dimensions, remembering how the Stardust victims had medical cards given and taken away before they were in a position to return to work. I ask if lessons have been learned in that regard, and if there will be a humanitarian dimension in the Bill?

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

Bertie Ahern (Dublin Central, Fianna Fail)
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The legislation will be taken this year.

Paul Kehoe (Wexford, Fine Gael)
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We have seen an increase in the rate of under age drinking in recent months, as well as evidence of anti-social behaviour. When will the sale of alcohol Bill come before the House?

Bertie Ahern (Dublin Central, Fianna Fail)
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The legislation is scheduled for this summer.

Ruairi Quinn (Dublin South East, Labour)
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There were reports in yesterday's newspapers about the Cabinet discussing a critical infrastructure Bill. Will the Taoiseach confirm this matter was brought to Cabinet? Will he confirm or deny that a major infrastructural proposal, the incinerator in Ringsend, is to be excluded from the provisions of the Bill?

Bertie Ahern (Dublin Central, Fianna Fail)
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The legislation has been cleared by Cabinet and will be published in the coming days.

Liz McManus (Wicklow, Labour)
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Will it be with or without the provision?

Ruairi Quinn (Dublin South East, Labour)
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Is that a fig leaf for the Minister for Justice, Equality and Law Reform, Deputy McDowell? The legislation is not delivered.

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

Bertie Ahern (Dublin Central, Fianna Fail)
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I have not been given the details of the legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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According to the Irish Nurses Organisation, there were 392 people on trolleys in accident and emergency units across the State this morning.

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

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I ask the Taoiseach, in that context, about the eligibility for health and social services Bill. When will we see this Bill and will it be rights-based legislation? This is what is critically required.

In light of the exposure of Ryanair for what it is, when will we see——

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

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——the aviation regulation Bill?

Bertie Ahern (Dublin Central, Fianna Fail)
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The eligibility for health and social services Bill will be taken later this year. The aviation legislation is also being prepared this year.

Liz McManus (Wicklow, Labour)
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I welcome the Tánaiste back, as I understand she was in Canada looking at health facilities there. I wonder if since her return she has found the €56 million that nobody in the Health Service Executive can seem to account for?

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

Liz McManus (Wicklow, Labour)
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Yes, it is highly relevant.

Ruairi Quinn (Dublin South East, Labour)
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It is a question of an estimate.

Liz McManus (Wicklow, Labour)
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Will we have a Supplementary Estimate? A sum of €56 million is not peanuts and would resolve many difficulties.

Brendan Howlin (Wexford, Labour)
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Has the Tánaiste found it?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy's question does not arise on the Order of Business. I suggest the Deputy submit a question on the matter.

Liz McManus (Wicklow, Labour)
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I asked about a Supplementary Estimate.

Brian O'Shea (Waterford, Labour)
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It is about the Supplementary Estimate.

Liz McManus (Wicklow, Labour)
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I am entitled to ask about it.

Bertie Ahern (Dublin Central, Fianna Fail)
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There will have to be a Supplementary Estimate in the Department of Health and Children this year because we will have to make payments for the nursing home charges.

Brendan Howlin (Wexford, Labour)
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Has the money been found?

Joan Burton (Dublin West, Labour)
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That is not true.

Liz McManus (Wicklow, Labour)
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My understanding is that is not the case. Are we to have a Supplementary Estimate which includes the €56 million? Is that what the Taoiseach is saying?

Bertie Ahern (Dublin Central, Fianna Fail)
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In order to make the payments there will have to be a Supplementary Estimate.

Liz McManus (Wicklow, Labour)
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I am asking about the money. Will we have to provide a Supplementary Estimate to pay the €56 million?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The question of what is in the Supplementary Estimate does not arise, Deputy McManus.

Bertie Ahern (Dublin Central, Fianna Fail)
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I cannot give details of what might happen at the end of a year in terms of Supplementary Estimates.

Liz McManus (Wicklow, Labour)
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On the decision to have one children's hospital in the Dublin area, will the terms of reference be laid before the House or will there be some means of debating them? It is a huge departure to have one hospital for children in the greater Dublin area.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise. I suggest the Deputy submit a question to the Tánaiste and Minister for Health and Children.

Liz McManus (Wicklow, Labour)
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Will the Taoiseach ensure we have access to this information, because all other avenues of communication are now gone?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy can raise the matter in many other ways.

Emmet Stagg (Kildare North, Labour)
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It can be raised but the Taoiseach will not answer the question.

Dan Boyle (Cork South Central, Green Party)
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On today's Order Paper a motion has been laid before the House by the Minister for Justice, Equality and Law Reform on the Hague Convention on adoption. Can we take it as an indication that legislation on the same matter is soon to follow? Can the Taoiseach give an indication when that legislation will be before the House?

Bertie Ahern (Dublin Central, Fianna Fail)
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Later this year.

Shane McEntee (Meath, Fine Gael)
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I congratulate the Taoiseach on appointing my fellow Deputy from County Meath to the position of Minister of State at the Department of Agriculture and Food. Will he suggest to her that she bring the Minister for Agriculture and Food on a trip to County Meath to show her the difference between Irish beef and Brazilian beef?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That question does not arise.

Bernard Durkan (Kildare North, Fine Gael)
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Will the Taoiseach tell the House when the heads of the electronic communications Bill are likely to be circulated, so we will have some information as to what is happening in that area?

Bertie Ahern (Dublin Central, Fianna Fail)
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Later this year.

Bernard Durkan (Kildare North, Fine Gael)
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That is a broad timeframe.

Tommy Broughan (Dublin North East, Labour)
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Is it intended that the new Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, will be covered by the regulation passed by the House on the marine? Is he effectively the Minister for the Marine and has the Minister with responsibility for the marine departed? I tried to pay a tribute to the Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Gallagher, at the fisheries committee but I was prevented from doing so by the Ceann Comhairle's colleague, the chairperson.

Conor Lenihan (Dublin South West, Fianna Fail)
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The Deputy should feel free to unburden himself.

Tommy Broughan (Dublin North East, Labour)
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Will the Taoiseach take action along the lines outlined in the matter I raised under Standing Order 31?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That matter has been raised three times. We cannot have a further debate on it. I remind the House that it must sit late tonight to allow for the extension of time on the Order of Business. We must move on.

Tommy Broughan (Dublin North East, Labour)
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The Taoiseach is the local man, a northsider. Is he prepared to lead the Garda bureau and, under the new legislation on commissions of inquiry, to immediately start to unravel the whitewash that was the Stardust tribunal report? This is a vital matter.

Bertie Ahern (Dublin Central, Fianna Fail)
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The normal procedure on the appointment of a new Minister of State is that the Minister brings forward the designation order and that will happen.