Dáil debates
Thursday, 27 April 2006
Order of Business.
10:30 am
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 17, Health (Repayment Scheme) Bill 2006 — Second Stage, resumed; No. 16, Energy (Miscellaneous Provisions) Bill 2006 — Second Stage, resumed; and No. 18, National Sports Campus Development Authority Bill 2006 — Second Stage, resumed.
It is proposed, notwithstanding anything in Standing Orders, that the Dáil, on rising today, shall adjourn until 2.30 p.m. on Wednesday, 3 May 2006.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I have one proposal to put to the House. Is the proposal that the Dáil on rising today, shall adjourn until 2.30 p.m. on Wednesday, 3 May 2006 agreed?
Enda Kenny (Mayo, Fine Gael)
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Why is the House not sitting on Tuesday?
Trevor Sargent (Dublin North, Green Party)
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It is hardly worth making a major issue out of losing one day. However, with 62 Bills promised for 2007, I take it that this indicates we will have a shorter summer recess and therefore we will not oppose this proposal.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that it is a bank holiday weekend. The suggestion was that the House returns on Wednesday, with the agreement of Members. On the legislative programme, we have a very good legislative programme for the coming session and I hope, with the co-operation of everyone, we will have a good outcome from the debate that will take place.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal agreed? Agreed.
Enda Kenny (Mayo, Fine Gael)
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Following on what the Minister for Finance said, on the last occasion between Christmas and Easter the Government only published 50% of its list of proposed legislation. As we now approach the summer season with 400,000 provisional drivers on the roads, 120,000 of whom are waiting for driving tests, will we see the road traffic Bill in the next ten weeks, dealing with outsourcing of driving tests because young drivers are paying €23 million extra on insurance premia and so on? Is the Minister in a position to tell the House that the road traffic Bill will be published and debated in the House during this session?
In view of the fact that there is clearly a difficulty under the Education Act with the CBS decision on St. Michael's school in Inchicore, where following the demolition of those flats new apartments will be built there in a few years leading to a necessity for school buildings and facilities, will the Minister for Finance request the Minister for Education and Science to intercede with the CBS and the community to ensure provision of education for the children of that area now and in future?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should address a question directly to the Minister for Education and Science on that matter. The Minister may reply to the first question.
Brian Cowen (Laois-Offaly, Fianna Fail)
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In regard to the road traffic Bill, it is our intention to bring forward that legislation this session. It is something that has been sought by the House for some time. It will provide an opportunity for Deputies to discuss road safety and road traffic issues.
Regarding the question of driver testing, the Minister is anxious to find an interim arrangement that will enable us to deal with that backlog on the basis of obtaining the co-operation of those who are employed in this area to allow him to deal with a situation where clearly the quality of service that needs to be provided for the demand cannot be provided from the existing complement. We will continue to engage with them in the hope that co-operation will be forthcoming.
Pat Rabbitte (Dublin South West, Labour)
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I note that in the legislative programme for September 2003, the judicial conduct and ethics Bill was promised and the Taoiseach undertook that it would be enacted in 2004. I do not think anybody inside this House or outside it reading this morning's newspapers or listening to the news headlines can be in any doubt about the real urgency that attaches to this Bill. The Minister has said he has a very heavy legislative programme and I notice that the judicial council Bill is now promised on the C list to be published in 2007. It was first promised in 2001 and the Minister, Deputy O'Donoghue, will be able to advise the Minister, Deputy Cowen, on why it was withdrawn in the context of Nice I in 2001. Six years later all that has changed is the name. It is now called the judicial council Bill.
Can I ask the Minister for Finance whether anything can be done to bring forward this Bill? Surely that is the primary task of the Minister for Justice, Equality and Law Reform rather than casting envious eyes on the job of the Minister for Finance and telling him how to do it in terms of taxation. From reading the newspapers this morning it is clear that there is an urgency about this Bill. It might have been enacted by now. A commitment was made that it would be enacted in 2004. Can anything be done to bring forward this legislation?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I am advised that the draft heads are being prepared in the Department, taking into account work done by the Constitutional Review Group, the Oireachtas Joint Committee on the Constitution and the Chief Justice's committee on judicial ethics. While I do not wish to comment on a specific case, it is also fair to say that there has been a continuing legal challenge and a jurisprudence has developed as a result of the situation regarding Judge Curtin which has been playing through in the courts in various guises through the various applications that have been made to the courts. Therefore, it would be most imprudent to proceed without taking into account the developing jurisprudence emerging as a result of that rare situation where it is being contemplated by the Oireachtas that there may be grounds for the termination of the judge's appointment.
Pat Rabbitte (Dublin South West, Labour)
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Surely the evolving jurisprudence is one issue, the question of this Chamber legislating to provide for judicial misbehaviour or misconduct is a separate thing. By all means we should have an eye to the emerging jurisprudence but a Bill promised to be enacted in 2004——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Rabbitte, we cannot have a debate on the matter this morning. I call Deputy Sargent.
Pat Rabbitte (Dublin South West, Labour)
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——is now promised only for publication in 2007.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy has made his point. I call Deputy Sargent.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The point I was making is that considered contributions have been made to the policy formulation process by eminent groups such as the Chief Justice's committee on judicial ethics, the Constitutional Review Group and Oireachtas joint committees. The Oireachtas Joint Committee on the Constitution, under the chairmanship of Deputy O'Donovan, has been charged with the difficult task of trying to deal with this situation that has arisen in a specific case. We are all mindful that we have to tread very carefully to make sure that constitutional rights are upheld and that fair procedures are respected.
In regard to the general situation, the draft heads are being prepared. A great deal of work and consultation has taken place with the relevant personnel. It is an area where we have to be mindful of the separation of powers and principles in the Constitution. It is not a simple issue but that is not to say it is one on which there has been undue prevarication. Much careful consideration has been given to this question. The fact that there is a case before us has to influence how we try to proceed in a way that does not appear to be pre-emptive.
Jim O'Keeffe (Cork South West, Fine Gael)
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It is much more difficult to deal with the case because we have not had the legislation.
Trevor Sargent (Dublin North, Green Party)
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I wish to ask about the Government's promised legislation on disabilities. The Disability Act, the Education for Persons with Special Educational Needs Act and the Comhairle (Amendment) Bill were intended to all go together in implementing the Government programme in that area. The Comhairle (Amendment) Bill is in abeyance. Will it be taken before the summer recess, given that we have had an announcement about a chair of Comhairle, a high profile former journalist from the Press Gallery——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I am sorry, Deputy, but we cannot discuss the contents of what might be in the Bill. The Minister can reply just on the legislation.
Trevor Sargent (Dublin North, Green Party)
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The Government needs to tell us where it stands because it cannot appoint a chairperson before the legislation has been passed.
I expected to see a date for the animal health Bill, given the bird flu threat that exists, yet UK doctors have attacked the Irish bird flu plan because no public health observer has attended a recent exercise on the Border with Northern Ireland.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On the legislation.
Trevor Sargent (Dublin North, Green Party)
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Is there any date for the animal health Bill or is there any seriousness about addressing the threats which face this country and our EU partners as well?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Minister to reply on the legislation.
Brian Cowen (Laois-Offaly, Fianna Fail)
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In regard to the Comhairle (Amendment) Bill, it is often the practice that appointments are made pending statutory powers or amendments being brought before the House. It does not stop these public bodies from effectively discharging their functions and responsibilities. Following calls made in this House for some time we are bringing forward important legislation in this session in regard to health reform, the road traffic Bill we have just discussed, and a whole range of other issues which are not only relevant but topical and important. The programme in this coming session is aligned far more to political priorities than was the case in the past and should be welcomed on that account.
Trevor Sargent (Dublin North, Green Party)
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Will it be taken before the summer?
Brian Cowen (Laois-Offaly, Fianna Fail)
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In regard to the Comhairle (Amendment) Bill, it will be taken in due course.
Dan Boyle (Cork South Central, Green Party)
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What about the disability strategy?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is unlikely to be dealt with in this session——
Dan Boyle (Cork South Central, Green Party)
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There were three legs to the strategy.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Minister should be allowed to speak without interruption.
Brian Cowen (Laois-Offaly, Fianna Fail)
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——given the priorities that this House has been calling for to be dealt with that will be dealt with.
Trevor Sargent (Dublin North, Green Party)
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What is the point of it?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Durkan.
Trevor Sargent (Dublin North, Green Party)
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What about the animal health Bill?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is not possible to indicate that.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Durkan should be allowed to speak without interruption.
Bernard Durkan (Kildare North, Fine Gael)
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In the Government's plans for delivering better Government, indication was given regarding the introduction of a minerals development Bill. Given the urgency that might arise, is it intended to bring it forward at an early date?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is not intended it will be forthcoming this year. It may emerge next year.
Bernard Durkan (Kildare North, Fine Gael)
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It will be like the Black Valley.
John O'Donoghue (Kerry South, Fianna Fail)
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There is no coal there.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Allow Deputy Quinn to speak without interruption.
Ruairi Quinn (Dublin South East, Labour)
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It is fortuitous that the Minister for Finance is taking the Order of Business today because under promised legislation it is necessary for him to move rather urgently. I do not know if he is aware that he is the main creditor of a construction company that has gone into liquidation owing the Revenue Commissioners €2.5 million and the workers more than €300,000. This relates to No. 41, company law consolidation and reform Bill. Can we deal with a situation where a company can go into liquidation on one day and continue working the following day with the same workers?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.
Ruairi Quinn (Dublin South East, Labour)
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It does arise for the Minister for Finance. He is being defrauded of money. I thought we had got rid of this kind of cowboy operation where the same company could transfer from one name to another. I am referring to the PSK construction company defraud as reported in yesterday's newspapers.
Brian Cowen (Laois-Offaly, Fianna Fail)
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Specific matters will be dealt with on the basis of the emerging facts. It is not possible to say when that Bill will be brought forward. I will make inquiries as to the current position regarding the specific matter raised by Deputy Quinn.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With reference to the Minister's portfolio and legislation that has been promised over a series of programmes, the financial services consolidation Bill, which I note is now the financial services modernisation and consolidation Bill, has been promised for this year. For the first time in a series of programme commitments it is not now expected until 2007. Will it be addressed in the time remaining for this Government before the next general election?
Brian Cowen (Laois-Offaly, Fianna Fail)
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That will be decided when the Government decides on the parliamentary programme for the final session. I moved it to 2007 when it was indicated to me that it was unlikely to be ready by 2006. I prefer to give the Deputy the updated accurate information than continue with the idea it would be brought forward this year. I note with interest the fact the Deputy's party is interested in that area.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I wanted to ask about the animal health Bill but my colleague has already done so. It is interesting that there are only two Bills relating to agriculture being brought forward in this session and neither are regarded as urgent. Will the Minister make arrangements for a debate on agriculture in light of the position regarding nitrates——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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——and the difficulties in dairying?
Second, in light of the needs of farming, when will the charities Bill be dealt with?
Brian Cowen (Laois-Offaly, Fianna Fail)
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The charities Bill which has been a long time in gestation should be dealt with some time later this year. I would welcome a debate on agriculture but it is a matter for the Whips.
Joe Costello (Dublin Central, Labour)
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A special task force was established in January to decide on the location for the new children's hospital. When I asked the Tánaiste two weeks ago if the report had been submitted on the date decided, 5 April, she said it had not been. Is the report on the chosen——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This does not arise on the Order of Business. I suggest the Deputy submit a question to the Tánaiste on the matter.
Joe Costello (Dublin Central, Labour)
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There is legislation associated with this matter. Has the report been submitted?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It does not arise on the Order of Business. It is better to submit a question directly to the Minister responsible.
Joe Costello (Dublin Central, Labour)
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Ceann Comhairle, there is legislation. Will it be debated in the Chamber?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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What legislation, Deputy?
Joe Costello (Dublin Central, Labour)
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The Minister indicated there will be legislation required in respect of the new site for the children's hospital. When is the report coming and when will the legislation be presented?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?
Joe Costello (Dublin Central, Labour)
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Maybe the report is available.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware that legislation will be required to designate a site for a hospital.
Joe Costello (Dublin Central, Labour)
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The Minister for Health and Children said legislation would be required.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest Deputy Costello submit a question directly to the Minister for Health and Children on the matter.
Joe Costello (Dublin Central, Labour)
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This Chamber is the place to get an answer on promised legislation. Two weeks ago the Minister for Health and Children said legislation would be required——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot have a debate on the matter now. I call Deputy Boyle who is waiting patiently.
Joe Costello (Dublin Central, Labour)
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——in respect of a new children's hospital. I am entitled to ask this question because it is related to promised legislation.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy has asked his question and he has received his answer. I suggest he submits a question directly to the Minister.
Joe Costello (Dublin Central, Labour)
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I did not receive my answer. The Minister contradicted the Minister for Health and Children. Perhaps the Chief Whip knows something about this matter. He was here two weeks ago.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?
Joe Costello (Dublin Central, Labour)
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The reason I asked when legislation would be introduced is because the report must come before the legislation. Is the report available yet?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I am informed by the Whip there is no legislation promised.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Boyle.
Joe Costello (Dublin Central, Labour)
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So the Minister for Health and Children told fibs to the House two weeks ago.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should raise the matter by way of question to the Minister for Health and Children. I call Deputy Boyle.
Joe Costello (Dublin Central, Labour)
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She does it all the time.
Tom Kitt (Dublin South, Fianna Fail)
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I will ask the Minister to reply directly to the Deputy.
Joe Costello (Dublin Central, Labour)
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She answered here in the Chamber two weeks ago that legislation would be required.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask all Members of the House to allow Deputy Boyle without interruption, please.
Joe Costello (Dublin Central, Labour)
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Is it the Minister for Finance or the Minister for Health and Children who decides on legislation?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If Members do not wish to do so, we will move straight to the next business.
Dan Boyle (Cork South Central, Green Party)
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My patience has yet to be exhausted.
Given that half of the promised Bills in section A of the programme for the Easter session were not published by the Government, what priority will be attached to one Bill in particular which should be treated with a sense of urgency by the Government? This Bill fulfils the requirements under the Hague Convention on adoption. A number of people have been engaged in long-term foster care and now wish to adopt the children. I am aware of a case in my constituency where the child is liable to deportation because of the lack of legislation.
I note this Bill was called the Hague Convention Bill and is now called the child care amendment Bill.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand it will be published this session.
Dan Boyle (Cork South Central, Green Party)
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We were promised that before.
Jan O'Sullivan (Limerick East, Labour)
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The Minister for Education and Science has stated she will amend the Education Act 1998, in particular in regard section 29 and appeals. It is listed as No. 38, education miscellaneous provisions Bill. When is it likely to be published and will it address the issue of the cherry-picking of students by certain schools?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand the legislation should be published later this year. The Deputy should take up the matter of policy implications directly with the Minister.
Tommy Broughan (Dublin North East, Labour)
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Will the Single Market electricity Bill be passed in time for the opening of the Single Market or will it be left to the next Government?
On another matter, I tried to obtain information through the Ceann Comhairle's office from the Minister for Health and Children. What is the Minister for Finance's view on the Minister for Health and Children's current status in terms of the number of GP-only cards and medical cards in County Louth?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise. I ask the Minister for Finance to reply to the first question.
Tommy Broughan (Dublin North East, Labour)
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This is an important issue.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Of course it is an important issue and therefore it should be raised in the proper way in this House by way of a question to the responsible Minister.
Tommy Broughan (Dublin North East, Labour)
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We are trying to evaluate the operation of health policy. I asked about the number of GP-only cards and medical cards in County Louth. The Minister for Foreign Affairs will be interested in the answer.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business. We are not having an omnibus question. I call the Minister on the first question which is in order.
Tommy Broughan (Dublin North East, Labour)
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What is the status of the Minister for Health and Children? Does she determine policy anymore? I am trying to establish whether we have a Minister for Health and Children.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is being disorderly. If the Minister does not wish to answer the question we will move on to the next business.
Tommy Broughan (Dublin North East, Labour)
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Do we have a Minister for Health and Children to answer to this House or do I constantly need to contact the Health Service Executive about policy matters?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Minister to answer the first question.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The Single Market electricity Bill has been approved by Government this week and should be published shortly.
Tommy Broughan (Dublin North East, Labour)
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Do we have a Minister for Health and Children?
Pat Rabbitte (Dublin South West, Labour)
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Will the Minister for Finance inform the House of the whereabouts of the Dalton report?
Brian Cowen (Laois-Offaly, Fianna Fail)
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That matter has yet to come to Government.
Pat Rabbitte (Dublin South West, Labour)
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I thought the Minister for Arts, Sport and Tourism, Deputy O'Donoghue, was bringing it last week.