Dáil debates
Tuesday, 27 June 2006
Order of Business.
5:00 pm
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 12, motion re leave to introduce Supplementary Estimate, Vote 40; No. 13, motion re referral of Supplementary Estimate, Vote 40, to select committee; and No. 19, Criminal Justice Bill 2004 — Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m; No. 12 and, subject to the agreement of No. 12, No. 13, referral to select committee, shall be decided without debate and any divisions demanded thereon shall be taken forthwith; Private Members' business shall be No. 31, Criminal Law (Home Defence) Bill 2006 — Second Stage, and the proceedings on Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 28 June 2006.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are three proposals to put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with items Nos. 12 and 13 without debate, namely, the motions re leave to introduce the Supplementary Estimate, Vote 40, and its referral to the select committee, agreed?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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No, it is not agreed.
Emmet Stagg (Kildare North, Labour)
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The amount involved here is €340 million. It was agreed at the Whips' meeting, although it is not indicated on the Order of Business, nor would I expect it to be, that when this matter came back from the committee, time would be made available for a short debate in the House.
Trevor Sargent (Dublin North, Green Party)
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My point is similar. The sum of money entailed and the issue itself requires that it come back to the House. I understood there was an agreement to that effect and would like that to be clarified before we agree to the proposal on the Order of Business.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I do not believe we can agree to the Supplementary Estimate for the HSE being taken without debate. It must be taken in this Chamber in the first instance. We are dealing with extremely serious issues arising from the HSE's tendering process for administration of the repayment scheme for those who were illegally charged for nursing home care over the years. This is an absolutely outrageous situation, and we must——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should make only brief comments on the motion without going into detail on the Estimate.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——have the opportunity to address it, since, as reported this afternoon, it was intended by the tenderer presumed to be favoured that it be contracted outside the country and the EU.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is not appropriate to enter into detail on what we will discuss when the Estimate comes before the House.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am offering reasons for us to address it in the House, and why it should be addressed in this Chamber in the first instance. The relevant sums and the import of all that is involved require that it be addressed here. We should not support the Supplementary Estimate without first having that debate. It should not happen the other way around.
Bertie Ahern (Dublin Central, Fianna Fail)
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We understand the agreement to which Deputy Stagg referred has been finalised. On that basis, it will go to and be debated in the committee, following which it will return here and there will be a short debate here.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business agreed? Agreed.
Enda Kenny (Mayo, Fine Gael)
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When is the defamation Bill, No. 13 on the Department of Justice, Equality and Law Reform's list, likely to be published? Can the Taoiseach confirm whether the Department of Justice, Equality and Law Reform is providing assistance to Senators drafting legislation? A Bill is currently before the Seanad.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The business of the Seanad does not arise in this House.
Enda Kenny (Mayo, Fine Gael)
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If the Ceann Comhairle will permit me to finish, he will see that it does.
The Taoiseach confirmed that the Bill before the Seanad is not a Government Bill and the Tánaiste confirmed it is not a Progressive Democrats Bill. I understand the Department of Justice, Equality and Law Reform provided assistance to the person involved. Will that level of assistance from the Department be available to everyone in the House who wishes to draft a Private Members' Bill, either on behalf of a party or as an individual?
Tá fhios ag an Taoiseach gur foilsíodh tuarascáil Harris faoi chaighdeán na Gaeilge labhartha sna bunscoileanna an lá cheana. An bhfuil sé in ord go mbeadh díospóireacht sa Dáil faoi sin? Tá a fhios ag an Taoiseach go bhfaigheann sé féin agus na Comhaltaí eile litreacha as Gaeilge anois agus arís. Níl aistritheoir ar bith ar fáil do pháirtí ar bith chun litreacha Gaeilge a scríobh ar ais a bheadh i gceart. An bhfuil sé ar intinn ag an Rialtas go gcuirfí aistritheoir nó aistritheoirí ar fáil do Chomhaltaí ionas go mbeidh siad in ann litreacha cearta Gaeilge a scríobh ar ais chucu siúd a sheolann litreacha chucu ar dtús?
Bertie Ahern (Dublin Central, Fianna Fail)
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The defamation Bill is almost complete and will certainly be circulated this session. However, it might take another few weeks. With regard to debating the Harris report, I am not sure that it has been published. I believe that I answered on behalf of the Minister for Education and Science, Deputy Hanafin, some weeks ago, and I will ask the Whip to deal with that.
The Department of Finance grants a round sum for Oireachtas services, and it is a matter for the Houses of the Oireachtas Commission to decide how those resources are spent. If it has been agreed by members of the committee that the translation service be made available to Members, it is for the Commission to implement it. If it is a question of providing extra resources, that is another matter, but it is up to the Houses of the Oireachtas Commission to decide how to disburse the overall Vote. If it is on translation services, I have no difficulty if that is a service sought by Members.
Enda Kenny (Mayo, Fine Gael)
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Was any assistance provided by the Department of Justice, Equality and Law Reform?
Bertie Ahern (Dublin Central, Fianna Fail)
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To my knowledge, it is not a Government Bill, so the Department of Justice, Equality and Law Reform would not have been involved in drafting legislation.
Pat Rabbitte (Dublin South West, Labour)
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I once again ask the Taoiseach why the Government is contriving to wait until the Houses are in recess before publication of long-awaited reports. In particular, what in heaven's name is the reason for the Barr report not being made available? It is not credible to say as the Taoiseach did, presumably in good faith, that it is ready to go to the printers. In 2006, that makes no sense. I understand the Barr tribunal advised the Carthy family more than a month ago that it was ready for printing. Will that document be published, and will we have the opportunity to debate it?
What is going on with the Dalton report? After weeks of promises and half-promises about its going to Cabinet next week but having to be shown to the parties involved first, it is absolutely farcical that it is being hawked around the country and presented in partisan fashion to the media when Members do not have it. Did the Cabinet approve its publication this morning, and will we debate it in this House?
I would like to ask the Taoiseach about the O'Sullivan report on statutory rape, the goings-on in the Office of the Attorney General, and the breakdown involving him and the Minister for Justice, Equality and Law Reform. When will it be available? Its publication was promised within weeks. Will we have it before the House rises, and will we have an opportunity to debate it here?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is not appropriate to ask about reports unless they have already been promised in the House.
Liz McManusRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy's first two questions were raised and answered in the House, but the third report has not been promised here.
Emmet Stagg (Kildare North, Labour)
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How could they be promised if one did not raise them?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We would be here all day dealing with reports. I invite the Taoiseach to reply on the first two reports, which have already been raised.
Bertie Ahern (Dublin Central, Fianna Fail)
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I stated last week that my information was that the Barr report had gone to the printers and I undertook to check on Deputy Rabbitte's behalf. When I did so last Wednesday morning, I found that the report was still not available. I am told that it will probably be ready by Friday. I have asked that it be circulated in printed or other form. I hope we will be able to circulate the Barr report early next week.
The Dalton report has been before the Cabinet for several weeks. On legal advice, owing to the report's contents, we were advised that it had to go to those mentioned or referred to in it. That has happened, and I understand that several individuals have made replies, with which Mr. Dalton is dealing. It had been hoped that the report would be completed today, but that was not the case. We hope to clear and circulate it next Tuesday. From a Government perspective, we are finished with it.
The O'Sullivan report has not been completed. Work on it by Mr. O'Sullivan and those working with him is continuing. They have been examining procedures from 1995 and changes to protocol since and talking to relevant staff including the Attorney General, the Secretary General and other individuals in the Department. Work is well advanced but not complete. It will not be that long — while the report may not be finished by next week, it will certainly be finished fairly soon.
I hope we will have the Barr and Dalton reports before the recess. If the O'Sullivan report is not issued before the recess, it will certainly not be too long thereafter.
Trevor Sargent (Dublin North, Green Party)
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Between now and Thursday week, a limited number of days remain in which to pass several Bills. I understand one Bill that the Minister for Social and Family Affairs wishes to have passed has not been published. Can the Taoiseach elaborate on what is being discussed in citizens' information centres around the country? The Comhairle Bill was published. I was informed that this Bill was a dead duck.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Sargent has just expressed concern about how little time we have left before the recess. I ask him to confine himself to comments about legislation.
Trevor Sargent (Dublin North, Green Party)
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I will not take up the time between today and next Thursday. I simply wish to find out about the current status of what I believe is to be called the citizens information Bill.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We do not have to go into the details of the Bill. You have asked your question and the Taoiseach is about to answer.
Trevor Sargent (Dublin North, Green Party)
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I understand that the Minister wishes to see the citizens information Bill passed before Thursday week. Can the Taoiseach tell us whether that is his plan or that of the Government or the Chief Whip? Will he say whether the boards of the 40 citizens information centres around the country are to be consulted during that time or whether there is any intention to——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask Deputy Sargent to resume his seat and allow the Taoiseach to answer his question.
Trevor Sargent (Dublin North, Green Party)
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Is the Minister who is flying a kite——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot continue with the Order of Business until 7 p.m.
Trevor Sargent (Dublin North, Green Party)
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Will the Bill be enacted before the recess?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill has been published for a considerable time. As regards changing the name of the legislation to fit in with the services provided nationwide——
Trevor Sargent (Dublin North, Green Party)
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Is the Taoiseach talking about a new Bill?
Bertie Ahern (Dublin Central, Fianna Fail)
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There may be amendments to it but the Bill has already been published.
Trevor Sargent (Dublin North, Green Party)
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Will it be enacted by the recess?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I will ask Deputy Sargent to leave the House if he persists. We will not continue with the Order of Business until 7 p.m.
Olwyn Enright (Laois-Offaly, Fine Gael)
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When we discussed the case of Mr. A, the Taoiseach referred to the child protection rapporteurs who have been appointed recently and said that they may point out the need for legislation on child protection. Will the rapporteurs have a function in respect of the register of persons considered unsafe to work with children? If they point out the need for such legislation, which is a glaring need, will the Bill be expedited.
The Taoiseach and the Tánaiste were very quick to act last week in respect of indiscipline in their respective parties. Will they give the same urgency, priority and attention to school discipline, which is addressed in the Education (Miscellaneous Provisions) Bill?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask Deputy Enright to resume her seat.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill will be dealt with later this year.
Emmet Stagg (Kildare North, Labour)
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Last week, I raised the issue of the need for the Minister to sign the necessary order to bring in the individual educational programmes for children with disabilities and the Taoiseach said that he would investigate the matter. I raised the same issue with him on Thursday and he again told me he would investigate the matter but I have heard nothing from him yet. Will he ensure that is done.
Bertie Ahern (Dublin Central, Fianna Fail)
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My office has tried to obtain the information from the Department and I will pass it on to the Deputy as soon as possible.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Given that the Hepatitis C Compensation Tribunal (Amendment) Bill has been brought forward within the current session, as was committed in the programme, does the Taoiseach intend to ensure that the child care amendment Bill, formerly known as the foster care guardianship Bill, which was also scheduled to be taken within the current session, will be accommodated before the conclusion of next week's business, before the summer recess? In light of the appeal by the Minister for Justice, Equality and Law Reform to his colleagues to stop leaking information, does the Taoiseach believe that legislation would be of assistance in that regard given that the Minister has already set a bad example.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That issue does not arise on the Order of Business.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Hepatitis C Compensation Tribunal (Amendment) Bill will be debated this week. The child care amendment Bill will be published later during the summer.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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This House was promised that it would receive the report into the death of Pat Joe Walsh within eight weeks.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That issue does not arise on the Order of Business.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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It was promised in the House. When is it likely to be made available?
Bertie Ahern (Dublin Central, Fianna Fail)
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I understand that there are considerable legal issues attached to this report so it has not yet been passed over to the relevant people.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Has the family of Mr. Walsh received it?
Joe Sherlock (Cork East, Labour)
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I hope to receive a positive response from the Taoiseach to my question. I previously raised the fact that the Supreme Court upheld the constitutionality of the law permitting the purchase of ground rents from landlords. Will the Taoiseach restore the ground rents Bill to the list? Has he discussed this matter with the Attorney General, as I understand he agreed to do?
Bertie Ahern (Dublin Central, Fianna Fail)
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There are no new developments and the legislation is not proceeding at this stage.
Arthur Morgan (Louth, Sinn Fein)
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The Foyle, Carlingford and Irish Lights Commission, which was established under the Good Friday Agreement, is unable to function at even 50% of capacity because of a lack of promised legislation. This legislation has been in place in Northern Ireland for a considerable period of time but has been delayed here although it has been promised for a long time. Will this very important legislation be introduced before the end of this session? I support the republican side in the Progressive Democrats spat.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Foyle and Carlingford fisheries Bill is a joint project with the authorities in Northern Ireland. The work is completed and we are awaiting the text from the authorities in Northern Ireland so it is not possible to indicate a date for the legislation.
Dan Neville (Limerick West, Fine Gael)
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On two occasions earlier this year the Taoiseach promised that the Building Societies (Amendment) Bill would be published before Easter. When is it planned to publish the Bill?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill is listed for this session. It was published two weeks ago. It is a matter for the Whips to agree whether it will be taken this session. I understand that they have not yet made a decision.
Joe Costello (Dublin Central, Labour)
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What has happened to the Building Control Bill, which was introduced in 2005, because it appears to have died a death? Is it being progressed through the House?
Bertie Ahern (Dublin Central, Fianna Fail)
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It is awaiting Committee Stage.
Joe Costello (Dublin Central, Labour)
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It has been awaiting Committee Stage for a long time. Will it ever be moved?
John Gormley (Dublin South East, Green Party)
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The Defence (Amendment) Bill 2005 represents the most significant departure from our traditional defence policy and undoes the triple lock mechanism. Will all Stages of this Bill be taken in one day next week. If that is the case, it is disgraceful. It is disgraceful to spend one day on all Stages of this major legislation.
Bertie Ahern (Dublin Central, Fianna Fail)
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The answer is "Yes".
John Gormley (Dublin South East, Green Party)
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That is absolutely disgraceful. Many traditional Fianna Fáil supporters will be shocked at the Taoiseach's blasé attitude.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask Deputy Gormley to allow Deputy Durkan to speak. If he does not do so, we will move on the next item.
Bernard Durkan (Kildare North, Fine Gael)
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During the halcyon days of the present Administration, a document entitled Delivering Better Government was published. Members on this side of the House were unsure about whether this was a promise or a threat. To put us at ease, will the Taoiseach tell us the present status of the minerals development Bill, which was an integral part of Delivering Better Government?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill will be published very shortly.
Paudge Connolly (Cavan-Monaghan, Independent)
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The Government promised the House in October 2005 that it would be provided with a copy of the report into the death of Pat Joe Walsh. This report has been with the Health Service Executive for over six weeks.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That issue has already been raised and answered.
Paudge Connolly (Cavan-Monaghan, Independent)
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The answer given was unsatisfactory. This report is now with the HSE.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Connolly must find another way of raising this issue. If he has any questions, he should put them to the Tánaiste and Minister for Health and Children.
Paudge Connolly (Cavan-Monaghan, Independent)
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The House should receive an answer to this question.
Tommy Broughan (Dublin North East, Labour)
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The Minister for Communications, Marine and Natural Resources promised a review of exploration terms in respect of the minerals development Bill. Will that review be carried out before the next budget?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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To which legislation is Deputy Broughan referring?
Tommy Broughan (Dublin North East, Labour)
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I am referring to the minerals development Bill 2005. This review was promised before the Bill.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is it promised to bring the review before the House? Deputy Broughan should submit a question.
Bertie Ahern (Dublin Central, Fianna Fail)
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It is a separate issue.
Dan Boyle (Cork South Central, Green Party)
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Will the Taoiseach confirm whether the Building Societies (Amendment) Bill 2006 will be debated in the House next week? Is it still intended to deal with all Stages?
Bertie Ahern (Dublin Central, Fianna Fail)
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There is considerable demand that all Stages be taken, but the Whips must agree.
Dan Boyle (Cork South Central, Green Party)
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I am not suggesting that all Stages be taken.