Dáil debates
Tuesday, 16 May 2006
Order of Business.
5:00 pm
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 17, the Health (Repayment Scheme) Bill 2006 — Second Stage (resumed); and No. 2, Institutes of Technology Bill 2006 — Order for Second Stage and Second Stage. Private Members' business shall be No. 51, motion re primary education: school places and class sizes.
Enda Kenny (Mayo, Fine Gael)
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Today, different Deputies submitted between 12 and 15 requests to move the adjournment of the Dáil under Standing Order 31. Could the Taoiseach indicate when the Government Chief Whip and Minister of State at the Department of the Taoiseach, Deputy Kitt, will introduce proposals for Dáil reform as they have not yet been produced?
Could the Tánaiste and Minister for Health and Children tell us when the pharmacy (No. 1) Bill will be introduced and when it is proposed to appoint a chief pharmacist because this matter has dragged on for a very long time?
Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of the pharmacy (No. 1) Bill, which provides for fitness to practice regulations for pharmacists, were approved two weeks ago. The Bill has gone for drafting and should be available later this year.
Pat Rabbitte (Dublin South West, Labour)
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The Dalton report accompanied the leaks which took place over the weekend, the medical consultancy report to pre-empt the programme and the Taoiseach's climbdown on decentralisation. I raised this issue in the House several times and was informed by the Taoiseach and the Minister for Arts, Sport and Tourism, who appears to regard the issue as risible, that it was not possible to publish the Dalton report on the advice of the Attorney General. The report was circulated to the parties to give them prior sight of it. The chairman of Bord na gCon, Paschal Taggart, stated on the radio yesterday that he had not received a copy of the report.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does Deputy Rabbitte have a brief question appropriate to the Order of Business?
Pat Rabbitte (Dublin South West, Labour)
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I would be sitting down by now if the Ceann Comhairle had allowed me to finish. Mr. Taggart stated that he had not received a copy of the report. When will the report be placed in the Oireachtas Library? How is it that journalists can be given this report by agents of the Minister while Members of this House cannot obtain it? Can the Taoiseach explain why the report was supposedly referred to the parties affected but not to the chairman of Bord na gCon? When will we get to see the report?
Bertie Ahern (Dublin Central, Fianna Fail)
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As I stated last week, the sections of the report which were relevant to individuals named in it were given to those individuals on the basis of legal advice to ensure that fairness and due process were adhered to. They were given a period of 15 days in which they had to respond. These issues would have to be taken into account through an amendment or annexe to a report. One would need to examine what they stated, as some may have objected or disputed something. That is what happened. The named individuals in the report received the part relevant to them.
While parts of the report have been leaked, it is still the advice to the Government that we must follow due process and give the individuals a chance. They are entitled to state their position on comments made in respect of them, critical or otherwise, if they wish. This would be taken into account before the Minister reported back to the Government to determine when the report will be published.
Trevor Sargent (Dublin North, Green Party)
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After last night's "Prime Time Investigates" programme, I thought promised legislation might be available to address some of the problems highlighted, but I do not see a "put back the beds" Bill in light of the 18,000 to 12,000 cut since the 1980s. Will the health Bill result in any alleviation of the problems highlighted in the accident and emergency services? It might give us an opportunity——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation?
Trevor Sargent (Dublin North, Green Party)
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That is it. Will the public transport commission Bill, previously the transport reform Bill, result in a reform of the Minister for Transport? Six months has passed since those carriages were delivered.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is labouring the point.
Trevor Sargent (Dublin North, Green Party)
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The Minister might need to be more interventionist in ensuring heads are knocked together to prevent an escalation of a dispute that is starving people of public transport.
Trevor Sargent (Dublin North, Green Party)
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The health Bill and the public transport commission Bill, both of which are topical.
Bertie Ahern (Dublin Central, Fianna Fail)
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Work is under way on the draft heads of the public transport commission Bill but it is unlikely that legislation will be ready this year. The heads of the health Bill have been approved. The consultation process is under way. Once this is finished, the revised proposals will be submitted to the Government. The process, however, will take longer than initially anticipated and the Bill is expected to be published later in the year.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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The Taoiseach has told the House several times that he withdrew the alcohol products (control of advertising, sponsorship and marketing practices/sales promotions) Bill to allow the private system to work. Has he reconsidered that position in light of road deaths in particular and will the Bill be reintroduced?
In light of the promising Northern Ireland talks, will the British-Irish Agreement (amendment) Bill be introduced to allow the House to discuss it?
Bertie Ahern (Dublin Central, Fianna Fail)
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There is no change in the position on the alcohol products Bill. A period will be allowed to pass before there is any change. The British-Irish Agreement (amendment) Bill will be published this year.
Róisín Shortall (Dublin North West, Labour)
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Only one Bill is promised from the Department of Transport for this session, that is, the road traffic Bill. The House has been told it will contain a number of road safety measures, which are very much needed, given our road fatality rate. Will the Taoiseach give an undertaking that the Bill will be published in time for its debate and enactment before the summer recess?
Bertie Ahern (Dublin Central, Fianna Fail)
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That is the intention. It got priority approval for drafting. We do not have a date but we hope to have the Bill as soon as possible and take all stages. I am aware that we must try to get the legislation out in time.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On 26 April, I asked the Taoiseach: "What is the explanation for the further deferment of the eligibility for health and personal social services Bill?" He responded: "Deputy Ó Caoláin is always asking me to publish the heads of Bills to allow for more meaningful discussion. The reason for the delay in this case is because we published the heads of the Bill to allow for more meaningful discussion." He took some joy in giving me that reply.
However, I checked with the Department of Health and Children on 4 May. It told me that the heads of the Bill have not been published. I wonder if they have even been agreed. To correct the response the Taoiseach threw back at me on that occasion, will he set the record of the House straight? Have the heads been agreed and when will they be published? Is the Government examining the implications——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss the content of legislation.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——for this legislation of the European Court of Justice judgment in respect of the British National Health Service and the elderly woman who must be reimbursed for having——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss the content of the legislation. The Deputy must speak on the Bill itself.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It would suggest that the European Court of Justice's recent decision may impinge on the preparations.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should resume his seat and allow the Taoiseach to answer his question.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is a reasonable question. Will the judgment impact on the deliberations on this Bill and when will it be published?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The matter does not arise on the Order of Business. I suggest the Deputy submit a question to the Minister.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I will do that.
Bertie Ahern (Dublin Central, Fianna Fail)
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There are a number of health Bills. Today, the Health (Repayment Scheme) Bill 2006 is before the House. There is a nursing home Bill and, of course, the health Bill. In my previous reply to the Deputy, I should have talked about the health Bill because it was that Bill that was published. I was incorrect if I said the eligibility for health and personal social services Bill, which will clarify and update the present provisions relating to eligibility for health and personal social services. That Bill is unlikely to be available until next year. Obviously, the Deputy has quoted me correctly, but the Bill that has gone for consultation and the heads of which were approved in March is the health Bill.
Bernard Durkan (Kildare North, Fine Gael)
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Is the Government aware of the implications for the national electricity grid, particularly continuity of supply, in the event of the closure of any further station due to the failure of materials or construction work?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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To what legislation does the Deputy's question pertain?
Bernard Durkan (Kildare North, Fine Gael)
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The single electricity market Bill would be a suitable vehicle.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy asked his question last Thursday and received an answer.
Bernard Durkan (Kildare North, Fine Gael)
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As long as it is a threat to the security of supply, it would be a good idea to ask my question on Wednesday and Thursday of next week. Will the Taoiseach address the question in this context?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill will be introduced this session.
Brendan Howlin (Wexford, Labour)
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On secondary legislation arising from our obligations under the Amsterdam Treaty's Title IV Article 63, namely, the transposition into Irish law of the qualification directive, which we are required to do by October of this year, I do not expect the Taoiseach to know exactly what the article is. It is a directive that will afford protection in the short term to persons who do not strictly qualify for refugee status here. Since we are required to have legal protection for such individuals by October at the latest, can the sense of that be used to address the issue of the asylum seekers in St. Patrick's Cathedral? Will the Taoiseach join me in asking the people directly affected to desist from their hunger strike in order for the normal processes of the State to listen sympathetically to their case?
Bertie Ahern (Dublin Central, Fianna Fail)
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I will check the provision and see where we are in respect of it. I agree fully with what the Deputy said. These people were going through the process but did not reach its end. In the interests of their health, they would do best to follow the process.
Dan Boyle (Cork South Central, Green Party)
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Will the Taoiseach give further clarification in respect of the proposed childcare (amendment) Bill, which can be found in section A of the Government's legislative programme for this session? Does this mean the Bill will be published before the House rises in July instead of before it returns in October? Will the House have an opportunity to discuss it on Second Stage before July?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is listed for this session but I do not know the exact date. The Deputy knows that this session goes up to the date of the start of the next session. I do not know when the Bill will be ready.
Dan Boyle (Cork South Central, Green Party)
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There is a need for a sense of urgency with this legislation.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Select Committee on Environment and Local Government has been asked to schedule the Committee Stage debate on the Planning and Development (Strategic Infrastructure) Bill for 13 June, but that Bill has not been before this House for the Second Stage debate. When will Second Stage begin and how many days will be set aside for it?
Bertie Ahern (Dublin Central, Fianna Fail)
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I understand the Bill is before the Seanad today and if it is finished there, I presume it can be taken in this House next week, but that is a matter for the party Whips.
Eamon Gilmore (Dún Laoghaire, Labour)
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If the Taoiseach does not know when the debate will start and how long it will take, how does the Minister know ——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The first problem for this House is that if the Bill is in the other House, we do not know when it will finish there.
Kathleen Lynch (Cork North Central, Labour)
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That is the point.
Eamon Gilmore (Dún Laoghaire, Labour)
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Exactly, but how does the Minister know that it will be finished in both Houses by 13 June?
Bertie Ahern (Dublin Central, Fianna Fail)
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Tuesday, 13 June is a long time away. I am glad to see that the committees are scheduling their time because the problem with them is that they are usually all over the place.
Pat Rabbitte (Dublin South West, Labour)
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That is a terrible slight on the 19 committee Chairmen from the Taoiseach's party.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach should withdraw that remark, not least because the committees are chaired, controlled and run by Deputies from his own backbenches.
Bertie Ahern (Dublin Central, Fianna Fail)
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I could talk for some time about the difficulties in getting legislation through.
Brendan Howlin (Wexford, Labour)
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The Committee on Justice, Equality, Defence and Women's Rights is looking for slots to get the Criminal Justice Bill through. It cannot sit on Thursday——
Pat Rabbitte (Dublin South West, Labour)
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The Taoiseach will have to remove some of the dead wood and promote some people, otherwise they will obstruct him. I know what they are like.
Liz McManus (Wicklow, Labour)
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The only difficulty for the Committee on Health and Children is that it is often dependent on the Opposition to achieve a quorum because the Members from the Government side do not turn up.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question appropriate to the Order of Business?
Liz McManus (Wicklow, Labour)
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There are two items I wish to raise——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy McManus, without interruption, please. I ask Deputies on both sides of the House to allow Deputy McManus to continue.
Liz McManus (Wicklow, Labour)
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No community has suffered more than the haemophiliac community. It is still waiting for justice. It is seven years since the hepatitis C and HIV compensation——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation?
Liz McManus (Wicklow, Labour)
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——tribunal (amendment) Bill was to be published. I ask the Taoiseach to ensure that the Bill is delivered before the House rises for the summer, in the interest of those who have suffered.
Last month the Government received the report on Leas Cross nursing home. When can we expect that report to be published?
Bertie Ahern (Dublin Central, Fianna Fail)
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I agree with Deputy McManus's first point and it is our intention to get the Bill through, but it is not ready yet. It will be another two weeks before it comes before the Government, but it is important and, if possible, we will try to get it through before the summer recess.
The Government has not yet received the report on Leas Cross. The HSE, I understand, has the report.
Seán Ryan (Dublin North, Labour)
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I seek clarification from the Taoiseach on an authority that is considered to be an essential element of the reorganisation of the health services, namely, the health and equality authority. What is the current status regarding that legislation? Have the heads of the Bill been drawn up yet?
Bertie Ahern (Dublin Central, Fianna Fail)
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As I mentioned earlier, the heads of that Bill will be published for consultation later this year, but it is unlikely that the Bill will be through this year.