Dáil debates

Thursday, 8 June 2006

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 1, the Criminal Justice (Mutual Assistance) Bill 2005 [Seanad] — Second Stage and No. 3, the National Oil Reserves Agency Bill 2006 — Order for Second Stage and Second Stage. Private Members' business shall be No. 29, Greyhound Industry (Doping Regulation) Bill 2006 — Second Stage, resumed, to be taken immediately after the Order of Business and to conclude after 90 minutes.

Séamus Pattison (Carlow-Kilkenny, Labour)
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There are no proposals to put to the House.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Before I raise questions on the Order of Business, I wish to point out to the Minister representing the Government that this side of the House co-operates with the Government in bringing forward legislation in an urgent manner. However, the National Oil Reserves Agency Bill was only published on Friday, it was received by most Deputies on Tuesday and is now to be debated on Thursday. We had a convention that Deputies would be given a reasonable period to prepare responses to Bills. We should revert to the proper practices we were observing in the past. This Bill could not be construed as emergency legislation.

I wish to raise a number of questions on the Order of Business. For the past number of days Deputy Kenny has asked the number of people who are awaiting trial under sections 1 and 2 of the 1935 Act, which have been deemed unconstitutional by the Supreme Court. We have not yet heard how many such cases await trial or whether the decision jeopardises any of them. I am anxious to know whether the Minister has obtained that information for the House.

The Government deemed No. 54 on the list of proposed legislation, the register of persons who are considered unsafe to work with children Bill, a significant priority but it appears that the heads thereof have not yet been presented to it. What does significant priority mean if this is not coming to Government and if the Taoiseach cannot indicate the stage of preparation it has reached?

We do not have the legislative basis for the scheme in respect of the hepatitis C and HIV compensation tribunal (amendment) Bill, which the Tánaiste announced 16 months ago, in February 2005. It is unacceptable that people infected by the State, who have waited nine years for this legislation, received firm promises 16 months ago but have seen no solid progress.

The Government indicated that it would introduce orders, secondary legislation, to provide that doctors and other medical professionals would display prices in their surgeries. The Competition Authority is now taking action on allegations of price-fixing or lack of transparency in the medical profession. What is the position regarding the promised order that was intended to deal with this matter in advance?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The legislation to give effect to the recommendations of the child protection joint working group for the register of persons who are considered unfit to work with children arises out of the North-South Ministerial Council format. Work on this Bill has concentrated on developing procedures for 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 regarding the establishment of a pre-employment consultancy service. It is not possible to say when that legislation will be brought forward but we will follow it up.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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That does not sound like great urgency on the part of the Government.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is. The Minister of State at the Department of Health and Children with responsibility for children, Deputy Brian Lenihan, is taking charge of the situation. He is the first Minister of State to introduce vetting procedures in respect of this matter.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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We shall await them.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Government approved the heads of the hepatitis C and HIV compensation tribunal (amendment) Bill, which we expect to publish in this session. I will ask the Tánaiste to contact the Deputy regarding the secondary legislation relating to charges imposed by medical professionals. I know only about the primary legislation issues.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I think the Minister's colleague, the Minister for Enterprise, Trade and Employment, quashed it.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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If so, I will check with him. I do not know what is the position in that regard.

The Taoiseach indicated yesterday his understanding is that approximately 20 cases were involved in the relevant section to which the Deputy referred.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Are those cases awaiting trial?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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In the printout that I saw from the Official Report of yesterday's proceedings, the Taoiseach undertook to contact Deputy Kenny on the exact number. He cited the figure from memory.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I know it was from memory but it was not clear whether those people are awaiting trial or whether their trials might be jeopardised in any way by the Supreme Court decision. That is what people want to know.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There is no reason the Supreme Court decision should jeopardise proceedings for anyone awaiting trial. We know the constitutional parameters. An amending Act is now on the Statute Book and people can be arraigned again if necessary.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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That Act does not have retrospective effect.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Exactly, but a person charged can be rearraigned on other charges so nothing is irreversible until the judicial process begins.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Yesterday, the Taoiseach seemed to give a completion date for the work of the all-party committee without outlining its terms of reference. Does the Minister for Finance know when we will be advised of the terms of reference for the all-party committee to inquire into certain matters with which we are all familiar? Will these focus mainly on the deficiencies of the Act passed on Friday last? Will representations be entertained from this side of the House concerning the terms of reference? Will it be a separate new committee of the House? Will any reports written by State counsel for the client, for example, on the implications and significance of the case, be made available to the committee? Will they be made available to the in-house inquiry in the Office of the Attorney General?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have read the Official Report of yesterday's proceedings. The Taoiseach did not give a completion date for the all-party committee's deliberations. He left that open.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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He said it would be autumn. That is in the Official Report.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The all-party committee will determine how long it sits. That is how it works.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Does the Minister think what the Taoiseach says does not matter?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I will answer Deputy Rabbitte because he is asking the questions. The Taoiseach indicated that the Government has some ideas on the terms of reference, which it would share with the Opposition for discussion and consideration. There is no prescriptive approach, it is a matter of working out the terms of reference. We have some views on the matter and if everyone is committed to dealing with the wider policy issues that arise it should not be impossible to arrive at terms of reference agreeable to everyone.

A senior civil servant in my Department will report on the facts of what happened in respect of this case. I was somewhat disappointed to read in the Official Report of yesterday's debate that people regard the appointment of a senior civil servant as sweeping things under the carpet. It ill behoves Members of this House to impugn the integrity of either the Civil Service or the public service.

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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The Minister is joking.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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That is ridiculous.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The fact that a person is in the public service should not indicate that he or she is incapable of doing his or her job with integrity. As the Minister with responsibility for the public service, I wish to make that clear.

Legal submissions from the Attorney General's office or staff to the legal team would be the basis of the arguments made in open court. That is not a major issue. I do not know whether it is normal to make such papers available. It is a matter for discussion. I do not think there will be any major document shaking the foundations of the State, even if we did see the papers.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The very tetchy Minister gave several glib replies.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy posed several glib questions.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It must be too early in the morning for the Minister.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Could the Minister manage to avoid sulking for a moment?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Name-calling will get the Deputy nowhere.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Will the Minister have another go at answering the question?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have answered it.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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I said that in a case such as this, State counsel would have prepared a report for his or her client on the implications of the case as he or she saw it. I merely asked the Minister, respectfully, whether that would be made available to the all-party committee. Could the Minister attempt to answer without snarling?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I did not snarl.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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One man's snarl is another man's smile.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The problem with this Deputy is that whenever he hears an answer he does not like he decides to call people names. The fact that I cannot rise with the same quick degree of indignation as the Deputy does not mean he is any more correct than I. I will leave the name-calling to the Deputy. That is his style, not mine. That is the way he behaves. I am not obliged to take it from him.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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We will tell the teacher.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The question of documentation is an issue that can be considered in the terms of reference to be drafted. The Taoiseach has outlined in good faith a preparedness to work on an all-party committee basis under the terms of reference which will deal with the issues. A report is to come from a public servant. I make the point, as I am entitled as Minister with responsibility for the public service, that I find it most disappointing that senior and experienced Deputies regard the appointment of a senior civil servant as in some way impugning the integrity of the process. That is unwarranted. I believe the fullness of the report when published will confirm there is no foundation to such an assertion.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Minister should answer the question.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Has he the authority to question the Attorney General and the Minister for Justice, Equality and Law Reform?

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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What is the answer to the question?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The answer to the question is that whether that will be available is a matter for discussion.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Between whom?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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For the third time, there are draft terms of reference which will be communicated to the Opposition and if there are issues it wishes to raise it may raise them there. However, if the Opposition is trying to find another means, beyond the report of the Civil Service, to ascertain what happened in this case, there is no necessity for that because the report from the senior civil servant will confirm all of the issues about which people have questions.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Does he have the authority to question the Minister and the Attorney General?

Séamus Pattison (Carlow-Kilkenny, Labour)
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Order please. I call Deputy Gormley.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Yesterday evening, Dr. Maurice Manning, chairman of the Human Rights Commission, called for an urgent investigation into Ireland's role in assisting the United States in extraordinary renditions at Shannon Airport. Does the Minister for Finance accept such an investigation is now necessary——

Séamus Pattison (Carlow-Kilkenny, Labour)
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That is not a matter for the Order of Business. We had a Private Notice Question yesterday ——

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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With respect, a great deal of latitude was given to the previous speaker and I insist I get the same treatment. The Minister has made a statement about this issue and says we are not involved in extraordinary renditions. However, is he stating to the House that the planes mentioned in the Council of Europe report were not involved in extraordinary renditions in any shape or form? I am not asking whether there were prisoners on board but whether the Minister believes the planes were used for extraordinary renditions under any shape or form.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The question is not in order. I call Deputy Crawford.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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With respect, I do not know why the previous speaker was in order and given great latitude, but I am not.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The previous Deputy was speaking about promised business. There is no promised business with regard to Deputy Gormley's question.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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There has been a call for an investigation. Is the Government going to bring forward that investigation? It appears there will be no investigation or statement.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Deputy Crawford, on the Order of Business.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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I wish to raise two issues. First, with regard to the difficulties between the NRA and property owners, when will the roads amendment Bill be brought to the House for discussion? Second, who is responsible for the health system or when can we have a debate in the House with regard to the ongoing situation, particularly with regard to the fact that we cannot get answers to any questions in the House and services, particularly in the north east, are being removed? Will the Minister organise and ensure a full debate on the health system and that responsibility is accepted for it? He spends €13 billion of taxpayers' money on it, but we do not have a service.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The roads amendment Bill is to amend legislation relating to roads and the National Roads Authority. The heads of the Bill are expected this year and it is hoped to publish it later in the year. With regard to the many representations the Deputy has made to the authority, I hope it recognises his position as a public representative and deals with them expeditiously.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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What about the health issue?

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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As a result of the "Prime Time Investigates" programme on the trafficking of women for the purposes of prostitution in Ireland, has the Government any intention to introduce legislation or to sign into law the various international treaties which would protect some women and children involved in the industry?

When will the broadcasting authority Bill, which concerns the transmission of RTE to England, be introduced? Does the Minister intend the same facility to be provided to the people of Cork where it appears the intention of the authorities is to close the regional station? Has the Minister any intention of interfering or ensuring that does not happen? Where stands the policy the RTE authority is charged with having with regard to regionalisation?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There have been a number of legislative provisions in recent years dealing with the phenomenon of human trafficking. A further Bill, the criminal justice trafficking in persons and sexual offences Bill, will give effect to a number of international instruments on trafficking in persons and sexual exploitation. It is not possible at this stage to indicate when that Bill will be brought forward, but I understand the Minister intends to bring forward draft legislation this year.

With regard to the RTE authority and the policies it is pursuing, that is a matter for the authority. If the Government were to intervene, there would be howls of derision and indignation from the Opposition benches on interfering with public service broadcasting.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Against a backdrop of public hospitals such as Monaghan, Cavan and Dundalk, which have long records of excellent care for patients, being deprived of services and the recent announcement by the Health Service Executive north east area of a further contraction in services to offset a projected overspend in the current fiscal year, will the Minister for Finance, as former Minister for Health and Children, intervene with the Minister for Health and Children to ensure patient safety is not put at risk across all the different disciplines affected, including oncology, renal dialysis and a raft of others highlighted over recent days? We appeal to the Minister to use his good offices and experience in the Department to recognise the needs of the north east.

With regard to promised legislation, the health information and quality authority Bill and the eligibility for health and personal social services Bill have been raised many times. What are the prospects of this legislation being brought forward in order to accommodate the type of debate we need in the House on this deeply worrying development which compounds the hurt of so many people?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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On the health Bill, the consultation process is under way and once it is finished, revised proposals will be submitted to Government. It is a process which will take longer than initially anticipated. The Bill is expected to be published later in the year.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I did not ask about the health Bill, but the health information and quality authority Bill.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That is the one I was talking about.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What about the eligibility for health and personal social services Bill?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That one is called the health Bill. The one I am talking about provides for the establishment of the health information and quality authority and the Irish social services inspectorate function on a statutory basis.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Minister make any intervention with regard to the issues I raised? As he holds the finance portfolio, he is the key player.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There is record levels of money for the health services——

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There is record money and ever-contracting services. Clearly there is a crisis.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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——and we are pursuing successful policies.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There is a crisis.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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As we enter the fifth year of the life of the Government, does it recall the document Delivering Better Government or is it still vivid in the memory of the Members opposite? I remind the Government of one of its aspirational proposals at the time, the minerals development Bill. When is the aspiration likely to become a reality?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand it is due in the last year of the Government's tenure, which is next year.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Yesterday was the anniversary.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Perhaps Deputy Durkan should concentrate on trying to deliver better opposition so that he might have some prospects in government.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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We are delivering opposition all right. The Minister and his colleagues should start delivering better government. It is time for them to wake up and do so. I would not go too far down the road on that one if I were the Minister.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Minister announced at the time of the budget that he was allowing the levy——

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I apologise to Deputy Durkan for snarling at him.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I do not mind the Minister snarling at all.

Photo of Tom KittTom Kitt (Dublin South, Fianna Fail)
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He is warming up.

11:00 am

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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——of €100 million per annum on the banks to lapse. He also announced the establishment of a social investment fund. He announced last weekend that the banks have apparently agreed to contribute a mere €25 million to his alternative. That represents a massive saving for them. Will the new arrangement require legislation, or will it go through Pobal? What instrument has the Minister in mind for the social investment fund structure?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I will make a full announcement about the social investment facility, which has every prospect of being a successful initiative, as soon as my consultations and deliberations in that regard have concluded. The figure of €25 million was mentioned at the time of the budget.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is small, when one considers that the Minister gave the banks the right to drop €300 million.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The matter cannot be debated now.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is a huge gain for the banks. They were contributing €100 million per annum, but the Minister intends to ask them for contributions of just €25 million in future.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The matter cannot be debated at this stage.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is a steal for the banks.

Séamus Pattison (Carlow-Kilkenny, Labour)
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I call Deputy Gogarty.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Can the Minister, Deputy Cowen, comment on how he arrived at the figure of €25 million? Did he ask the banks for anything?

Séamus Pattison (Carlow-Kilkenny, Labour)
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The matter cannot be debated at this stage.

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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There is no legislation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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At the rate they are making profits, it is absolute buttons for them.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The levy was for three years. That is what happened.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It was a bad deal.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not renege on deals — that is the difference between Deputy Burton and me.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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That was a snarl.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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I always like a little bit of banter.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Was that another snarl?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I have been awfully polite to the Minister.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Deputy Gogarty, without interruption.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I really do not deserve that kind of snarl.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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One must admit that it is quite entertaining.

Photo of John CreganJohn Cregan (Limerick West, Fianna Fail)
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Deputy Burton is very touchy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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That is on a good day.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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We are all enjoying the sunshine. We are in good humour. The Minister should try to join in.

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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The Deputies opposite are all very sensitive.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Some people have a funny way of showing they are enjoying the good weather.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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A little less pettiness would not go astray.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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The heat is obviously getting to Members. I wish to inquire about the Criminal Law (Sexual Offences) Act 2006, which was debated in the House last week. It is obvious that the latter will have a knock-on effect on other legislation. In that context, I refer, in particular, to that relating to education. There are some questions about section 29 of the Education Act 1998, which relates to discipline procedures, appeals and the role of parents' associations. Will the Minister indicate whether there are plans to introduce legislation in the near future to amend the 1998 Act? Does he recognise the importance of re-examining the Act?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand that no such legislation is promised. The points that have been raised by the Deputy are further reasons for the all-party committee to sit down to work out which wider policy issues should be addressed.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Government said that last week.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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The Minister for Education and Science said that she would examine this issue.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Copies of the Defence of Life and Property Bill 2006, No. 30 of 2006, were circulated to Deputies this morning. The Bill has been proposed in the names of the Progressive Democrats Senators. Can I ask whether it is a Government Bill? Will it be taken in Government time? Has it been endorsed by the Government?

Séamus Pattison (Carlow-Kilkenny, Labour)
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As it is a Seanad Bill, it is a matter for the Upper House.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Yes.

Photo of Willie PenroseWillie Penrose (Westmeath, Labour)
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Not if the Bill comes to the Dáil.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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Deputy Howlin is firing blanks.

Séamus Pattison (Carlow-Kilkenny, Labour)
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It is not a matter for this House.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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It is unusual for Deputies to be given a Bill that has been produced by one party in what purports to be a coalition Government. Is it a Government Bill or is a separate party within the Government producing its own legislation as an alternative to Government policy?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Yes.

Séamus Pattison (Carlow-Kilkenny, Labour)
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It is a Seanad Bill. It is a matter for the Seanad.

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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It is legislation.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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That definitely happened last week in any event. They produced a separate Bill.

Séamus Pattison (Carlow-Kilkenny, Labour)
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It is legislation that is before the Upper House.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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It is not before either House. It has just been published.

Séamus Pattison (Carlow-Kilkenny, Labour)
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It is before the Seanad.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Is it proposed to take the Bill in this House?

Photo of Tom KittTom Kitt (Dublin South, Fianna Fail)
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No.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Can I ask whether it has been considered by the Cabinet?

Séamus Pattison (Carlow-Kilkenny, Labour)
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It is before the Seanad.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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It is not before the Seanad.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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It is listed on the Seanad Order Paper.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I am inquiring about the status of a Bill that has been published. Is it a Government Bill or a part-Government Bill?

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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It is semi-detached.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It has not been considered by the Government. It is obvious that it is an initiative by the Progressive Democrats representatives in the Seanad.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Does the Minister for Justice, Equality and Law Reform agree with the Bill?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I welcome the initiative. It is great to see it.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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They are in government with the Minister's party.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is important that small parties keep their identities when they are in government.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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It is a segment Bill.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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If in doubt, leave them out.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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The Minister does not need to explain.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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That is in case they——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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They will be sending Michael a sweet.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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The Minister of State, Deputy Parlon, is watching.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That is something the Labour Party forgot when it was in government.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I think the Labour Party asserted itself well in government.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It did. The Deputy should not bring me down that road.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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I think we have returned to the days of the temporary little arrangements.

Photo of Noel TreacyNoel Treacy (Galway East, Fianna Fail)
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Oh Danny boy.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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There are another 11 months to go.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Deputy Boyle should get a sense of humour.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Perhaps the Minister is in the business of changing partners.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Now the Deputy is being very funny.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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The Minister suggested earlier that Opposition Deputies who question the value of an internal review of procedures in the Office of the Attorney General and the Office of the Director of Public Prosecutions because the review will be carried out by a civil servant are somehow denigrating that process. The reason for the concern and scepticism on the part of some Members on this side of the House is partly based on recent experience. I refer, for example, to the Dalton report, which has been prepared by a senior civil servant but which cannot be brought to the floor of the House. Following its preparation, that report, in which people are named, was distributed without being discussed in the House.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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It has been leaked.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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It has been leaked on a large scale before the House has had an opportunity to consider its findings. How can Deputies be confident that the same thing will not happen in the case of the internal review of the workings of the Office of the Director of Public Prosecutions and the Office of the Attorney General that has been promised by the Government? Can I suggest that the best way to deal with this matter would be to ask the all-party committee to deal with all the issues from day one? Its terms of reference should be open so that it can ask the necessary questions of those who need to be questioned. We need to ensure that this work is done in the shortest possible period.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not agree, the best way to ensure that due process is observed would be to get someone such as a senior civil servant from the Department of Finance who is au fait with systems in the public service to collate the information and to set out why the system of notification did not work in this particular case. That is the best way of proceeding.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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The Government will be obliged to take responsibility.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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To do it in any other way might cause people to succumb to the temptation of playing politics with the issue.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Is that what the Government wants to avoid?

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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The report will exonerate everybody and place responsibility on nobody.