Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 18, statements on the European Council, Brussels; and No. 1, Road Traffic Bill 2006 [Seanad] — Second Stage, resumed. It is proposed, notwithstanding anything in Standing Orders, (1) that the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes, and shall be confined to the Taoiseach and to the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, who may share their time, and which shall not exceed 15 minutes in each case; immediately following the statements, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; (2) the proceedings on the resumed Second Stage of No. 1 shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight; and Private Members' business shall be No. 54, motion re waste management, resumed, to conclude at 8.30 p.m. tonight.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are two proposals to put to the House. Is the proposal to deal with No. 18, statements on the European Council, agreed? Agreed. Is the proposal for dealing with No. 1, the conclusion of Second Stage of the Road Traffic Bill 2006 agreed?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed.

Emmet Stagg (Kildare North, Labour)
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This proposal is before the House because the Whips and Opposition spokespersons forced the Government to do a U-turn regarding the Criminal Justice Bill, which it intended to rush through the House this week. It is a surrogate measure introduced to fill the gap. It appears we are into guillotine time again coming up to the end of the Dáil session. I acknowledge that Deputy Kitt, the Government Chief Whip, has, by and large, avoided guillotines in the House. We are not opposed to the Bill and our spokesperson, Deputy Shortall, generally welcomed it last night, but this is not the point I want to make. The legislation was in the hatchery for approximately three years and has suddenly been produced on the floor of the House a couple of days before the recess. We are told it must be rushed through and this is bad management and bad parliamentary practice. The procedure leads to bad law and the likelihood of a subsequent challenge thereto. The Labour Party opposes rushing legislation through the House in this manner.

Dan Boyle (Cork South Central, Green Party)
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The Green Party is also unhappy with the proposals for a guillotine. Several Opposition party Members indicated they did not intend to oppose the Bill on Second Stage but I am anxious that, in the unlikely event of a vote being called at 7 p.m., the Government will allow for an informal arrangement such that 90 minutes will be allocated for Private Members' time. I request that the Taoiseach and Chief Whip take this on board.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to record our objection to the utilisation of the guillotine on Second Stage of the Road Traffic Bill. Contrary to recent commentary outside this House, the reality is that Members of all views are anxious to see this legislation progress speedily and that it be all-encompassing. It contains deficiencies that we would like to see addressed, but I do not believe a guillotine is the mechanism by which we will ensure the best outcome to all the necessary deliberations. Accordingly, I ask the Taoiseach to withdraw the application of the guillotine and respect the good judgment of Members, who share his willingness to see the Bill progress as speedily as possible.

Bertie Ahern (Dublin Central, Fianna Fail)
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I thank Deputy Stagg for acknowledging that we have tried to avoid guillotines since October. Inevitably, as we approach the end of the session, we must get the legislation through. I take the point that if all Bills were ready and out of the Office of the Chief Parliamentary Counsel and the Departments, the problem might never arise. However, there are always issues to be examined and the process does not always work in a perfect way. I acknowledge that but is not necessarily anyone's fault; it is just the way the parliamentary session works. In the remainder of the session, we must try to complete some important Bills and there is no way of doing so in the limited time available other than that proposed. I cannot change that.

Question, "That the proposal for dealing with No. 1 be agreed to", put and declared carried.

Enda Kenny (Mayo, Fine Gael)
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What is the position on the criminal justice DNA database Bill, the publication of which is expected some time in 2006? There seems to be some activity in respect of the criminal justice trafficking in persons and sexual offences Bill. Will the Taoiseach indicate its status on the parliamentary counsel's schedule?

Bertie Ahern (Dublin Central, Fianna Fail)
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The criminal justice trafficking in persons and sexual offences Bill is to give effect to a number of international instruments on trafficking in persons and sexual exploitation of children. The heads have not yet been completed and therefore it is not possible for me to give the date on which the Bill will be introduced. The criminal justice DNA database Bill will be ready later this year. The heads should be cleared before the summer break and the Bill should be drafted in the autumn.

Pat Rabbitte (Dublin South West, Labour)
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I have become very concerned in the past few weeks over the delay regarding the Barr report. I get the impression the Government is trying to delay certain reports until after the Dáil goes into recess. I am very upset about the issue. John Carthy, a young man, was killed in 2000. What kind of modern democracy have we that we still have not got the report in 2006?

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

Pat Rabbitte (Dublin South West, Labour)
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I accept that but I really do feel strongly about the matter. I do not want to second-guess the tribunal and am in no position to do so, nor do I want to apportion blame, but I really feel the killing of John Carthy in the given circumstances was needless. Now, six years later, we are only to receive the report after the Dáil goes into recess. This is not demonstrating any respect for either the Carthy family or this House. The people are concerned about it and we ought to do them the justice of discussing the report fairly given that Mr. Justice Barr has taken such time to evaluate the circumstances painstakingly.

Bertie Ahern (Dublin Central, Fianna Fail)
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Deputy Rabbitte has raised this matter previously. My office has been in contact with that of the Minister for Justice, Equality and Law Reform and we have been told the report of Mr. Justice Barr is now complete and ready for printing. He expects to be in a position to report to the Oireachtas in early to mid-July. I will ask if it can be received in early July. I wouldhave no difficulty in having it published before then.

Pat Rabbitte (Dublin South West, Labour)
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We got that reply a week ago. In all fairness, if it is ready for printing there is no big deal about printing it or giving it to us in whatever fashion it is available.

Bertie Ahern (Dublin Central, Fianna Fail)
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I will ask about it. I have no reason for the delay. I will ask to be given a response.

John Gormley (Dublin South East, Green Party)
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The Taoiseach previously told the House the alcohol products Bill would be put on hold while we tried a voluntary code. Can he tell us how long this trial period will last and when the alcohol products Bill will be introduced?

Bertie Ahern (Dublin Central, Fianna Fail)
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The voluntary agreements have been reached with the industry. The Department wishes to hold off on the introduction of the Bill pending the outcome of those voluntary agreements. I am not aware of the length of time they have been given to do that. The Deputy might raise that with the Minister by way of parliamentary question. The heads of the Bill have been approved by Government and the work on the Bill is going ahead. They are waiting to see the effect of these voluntary agreements.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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That was one of the Bills I had intended to ask about. It is vital that Bill be brought before the House because the voluntary practice is not working.

John Gormley (Dublin South East, Green Party)
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Exactly.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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What is the status of the Immigration and Residency Bill, Nos. 1 and 2? Also, in light of the fact that increased fines are being introduced through the new Road Traffic Bill, when will the enforcement of fines Bill be introduced to allow us collect those fines?

Bertie Ahern (Dublin Central, Fianna Fail)
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The Immigration and Residency Bill is a large Bill with 70 heads. Work on the heads of the Bill is ongoing but they are not ready yet. Work is at a preliminary stage on the enforcement of fines Bill. It is not possible to say when it will be introduced.

Emmet Stagg (Kildare North, Labour)
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Yesterday, I raised the issue of secondary legislation required for individual educational plans for children with learning disabilities and the Taoiseach undertook to contact my office or myself about that. I have not heard anything yet. I have raised the other matter, the broadcasting Bill, repeatedly. We got a list from the Whips office of legislation that is likely to be dealt with before the end of this session but there is not a mention of the broadcasting Bill. I hoped we would see it before Christmas and then before Easter. I am anxious and hopeful we will see it before the summer recess——

Bernard Durkan (Kildare North, Fine Gael)
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Before this time next year.

Emmet Stagg (Kildare North, Labour)
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——but there is no sign of it yet. Many of the people who want the service will be dead if we do not introduce this measure.

Jan O'Sullivan (Limerick East, Labour)
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On the first issue raised by Deputy Stagg, the full implementation of the education for persons with special educational needs Act, yesterday the Minister for Education and Science launched guidelines on individual education plans but she has not backed it up with the full implementation of the legislation and resources. Also this week, the Equality Authority made a judgment which appeared to imply schools had to have psychological assessments for students——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot have a debate on it. We will ask the Taoiseach to reply.

Jan O'Sullivan (Limerick East, Labour)
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——even though they cannot get educational psychologists. There is a necessity both for the legislation to be properly implemented and the resources to be provided.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should allow the Taoiseach answer the question. We cannot have a debate on it.

Jan O'Sullivan (Limerick East, Labour)
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The schools are totally exposed.

Bertie Ahern (Dublin Central, Fianna Fail)
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Deputy Stagg raised the first issue yesterday. My office has been on to the Department of Education and Science and we hope to get a reply to the Deputy as quickly as possible.

It is hoped to publish the heads of the broadcasting Bill shortly and bring it to the committee to allow us move on with it.

Bernard Durkan (Kildare North, Fine Gael)
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In view of the emphasis recently on the use of electronic means to address the problems of school and social bullying and trafficking in people, the electronic communications Bill is due before the House shortly. When will we have sight of it and will it be possible to expand the ambit of the Bill in view of the increased need——

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

Bernard Durkan (Kildare North, Fine Gael)
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I do not intend debating it. I am asking a simple question.

Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of the Bill were approved at the beginning of April. The legislation will be published this session.

Michael D Higgins (Galway West, Labour)
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To save parliamentary time, will the Taoiseach give us a date for the ratification of the United Nations Convention Against Corruption? With the White Paper on development due to be published in September, the ratification was promised some time ago.

I want to ask about two other conventions, which I regularly raise here. On the optional protocol against torture, in view of the fact that human rights groups are meeting to discuss the United Nations convention for the protection of migrant workers and their families, will the Taoiseach indicate whether progress is being made or if the Government is reconsidering its position of not ratifying that last convention?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will check them all for the Deputy and drop him a line.

James Breen (Clare, Independent)
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May I ask the Taoiseach, in view of the commitment given by the Chief Whip and the Tánaiste that there will be a full debate in the House on the privatisation of Aer Lingus, when will that debate take place?

Bertie Ahern (Dublin Central, Fianna Fail)
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I do not think it is scheduled for this session.

David Stanton (Cork East, Fine Gael)
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Given that the Rape Crisis Centres are in such disarray, is there any progress on the criminal justice trafficking in persons and sexual offences Bill and the register of persons considered unsafe to work with children?

Bertie Ahern (Dublin Central, Fianna Fail)
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I answered a question on the first one earlier. The heads of the Bill are being prepared. On the register, it is not possible to give an indication on that. The Departments of Education and Science and Health and Children are in discussions on the establishment of a pre-employment consultancy service. Those discussions are not yet complete. We were unable to proceed with what we were endeavouring to do because of the North-South Ministerial Council not being in operation but they are examining it to see if they can do it by way of this pre-employment consultancy service.

Tommy Broughan (Dublin North East, Labour)
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Is it intended to bring forward legislation on the proposed transport authority for Dublin? Has the Taoiseach made any submission on the route of the metro?

The postal miscellaneous provisions Bill disappeared about two years ago. Will that Bill be brought forward in the lifetime of this Government given that we heard yesterday about our postal pensioners and workers not receiving salaries?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot have a debate at this stage.

Tommy Broughan (Dublin North East, Labour)
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I am asking the Taoiseach about legislation that might——

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

Tommy Broughan (Dublin North East, Labour)
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Regarding the series of assassinations in our region——

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

Tommy Broughan (Dublin North East, Labour)
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It does arise. I am asking the Taoiseach if it would be possible to provide time to allow the grossly incompetent Minister for Justice, Equality and Law Reform come into the House——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, debates in the House, unless they are promised, are a matter for the Whips.

Tommy Broughan (Dublin North East, Labour)
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——and discuss what can be done about this problem.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We will move on to the next business.

Tommy Broughan (Dublin North East, Labour)
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The Taoiseach wants to answer all three questions.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach is not allowed answer questions that are not appropriate to the Order of Business. I call the Taoiseach on the legislation.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Dublin transportation authority Bill is due later this year. It will provide for the establishment of a transport authority to oversee the implementation of Transport 21. The postal Bill has been dropped from the lists at this stage.