Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann of the sectoral plans in accordance with section 31(6) of the Disability Act 2005; No. 11, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the Protocol on Explosive Remnants of War (referred to as 'Protocol V') of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons; No. 16, National Oil Reserves Agency Bill 2006 — Second Stage resumed; and No. 17, Criminal Justice (Mutual Assistance) Bill 2005 [Seanad] — Second Stage resumed. It is proposed, notwithstanding anything in Standing Orders, that Nos. 10 and 11 shall be decided without debate; and Private Members' business shall be No. 52, motion re report by Professor O'Neill on matters relating to the Leas Cross Nursing Home and nursing homes inspections, which shall also take place tomorrow immediately after the Order of Business and shall be brought to a conclusion after 90 minutes on that day.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are two proposals to put to the House. Is the proposal for dealing with Nos. 10 and 11 without debate, motions re referrals to joint committee and select committee, agreed to?

Enda Kenny (Mayo, Fine Gael)
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We have had an important series of Leaders' questions today dealing with matters fundamental to the operation of the Department of the Taoiseach, its status, and matters arising from the Taoiseach's television interview yesterday. I propose that we suspend the proposed Order of Business for an hour, or an hour and a half.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot do that. That would be out of order.

Enda Kenny (Mayo, Fine Gael)
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In that case I object to the proposal.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We are discussing Nos. 10 and 11, without debate.

Enda Kenny (Mayo, Fine Gael)
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I understand that but they are not agreed for the following reason: I want the House to give some time to follow through on several revelations——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise under these proposals. The Deputy may speak to the two issues before us.

Enda Kenny (Mayo, Fine Gael)
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I will finish in 30 seconds. First, the Taoiseach has clarified that he was a Minister when he attended the Manchester function.

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

Enda Kenny (Mayo, Fine Gael)
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Second, we must also be able to discuss the appointments to boards made on the basis of friendship as distinct from merit. Third, we wish to recap on complaints——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is out of order. If any other Deputy is offering I will hear him or her. If not, I will put the question. I call Deputy Rabbitte.

Enda Kenny (Mayo, Fine Gael)
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I am objecting on the basis I have stated.

Pat Rabbitte (Dublin South West, Labour)
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I too oppose the taking of these two items as proposed because it would be unconscionable that when the Dáil resumes on its first day an issue of such gravity, that is being debated in every forum in the country, cannot be properly debated here.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on these two proposals.

Pat Rabbitte (Dublin South West, Labour)
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There are precedents.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are no precedents for discussing issues other than the motion before us.

Pat Rabbitte (Dublin South West, Labour)
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I am telling the Ceann Comhairle why I oppose them. We made an arrangement in 1997 on the Ray Burke affair to do precisely that.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise under these items. I call Deputy Sargent.

Pat Rabbitte (Dublin South West, Labour)
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I am telling the Ceann Comhairle why I oppose taking these two items.

Brendan Howlin (Wexford, Labour)
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Deputy Rabbitte is entitled to speak.

Pat Rabbitte (Dublin South West, Labour)
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We did it for the Taoiseach in January 1999.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise under these two proposals. If the Deputy does not want to speak to the proposals I will hear Deputy Sargent and if the Deputy continues to interrupt I will put the question.

Pat Rabbitte (Dublin South West, Labour)
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It would be a mistake for us to nod through No. 10, referral to joint committee, or indeed the referral to select committee on the Protocol on Explosive Remnants of War when there are explosive remnants lying around that ought properly be debated in the national Parliament.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Sargent.

Pat Rabbitte (Dublin South West, Labour)
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I am delighted to see the Ceann Comhairle back with us, safe and well but one ought to be permitted to explain why——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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One ought not be allowed to drive a coach and four through Standing Orders. The rules of the House are clear. We have one motion before us.

Paul Connaughton Snr (Galway East, Fine Gael)
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We can discuss nothing.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy may speak to this motion or else resume his seat and allow Deputy Sargent to speak.

Paul Connaughton Snr (Galway East, Fine Gael)
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That is what he is doing.

Enda Kenny (Mayo, Fine Gael)
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Deputy Rabbitte is speaking to it.

Pat Rabbitte (Dublin South West, Labour)
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I am speaking to it. I am saying why it is not appropriate that we should proceed to dispose of these matters as is proposed.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise under these two motions.

Pat Rabbitte (Dublin South West, Labour)
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The necessary procedural order to implement the precedent of 1997 and 1999 ought to be afforded the House so we have an opportunity to discuss the very serious issues to which the Taoiseach's interview yesterday give rise.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy has made his point. I call Deputy Sargent.

Trevor Sargent (Dublin North, Green Party)
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There were several requests under Standing Order 31 which clearly indicated there is a wish in this House for a greater level of accountability.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise. We are discussing the proposal to take Nos. 10 and 11 without debate.

Trevor Sargent (Dublin North, Green Party)
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The two proposals——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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A Member may not come in here day after day and try to drive a coach and four through Standing Orders.

Brendan Howlin (Wexford, Labour)
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We have not been here for 12 weeks.

Trevor Sargent (Dublin North, Green Party)
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I am trying to exercise democracy here.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy is not happy he should change Standing Orders.

Trevor Sargent (Dublin North, Green Party)
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The Ceann Comhairle told us he believed passionately in democracy when he was being hounded by protesters.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is why I respect Standing Orders laid down by Members of this House.

Trevor Sargent (Dublin North, Green Party)
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This is democracy at work. My colleagues and I put down six motions under Standing Order 31——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That has nothing to do with the proposal before us.

Trevor Sargent (Dublin North, Green Party)
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It has everything to do with the proposal.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Deputy Ó Caoláin, are you coming in on this?

Trevor Sargent (Dublin North, Green Party)
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It indicates a level of public concern, a wish for democracy to be accountable——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I will put the question.

Trevor Sargent (Dublin North, Green Party)
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——and a wish for this House to operate.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with Nos. 10 and 11 without debate agreed?

Trevor Sargent (Dublin North, Green Party)
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A Cheann Comhairle, it is not right for you to close down this House and to close down democracy.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business agreed to?

Enda Kenny (Mayo, Fine Gael)
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In view of the importance of the revelations that emerged during answers given by the Taoiseach earlier, some matters need to be clarified in the public interest. I suggest that the Government extend business after Private Members' business by an hour and 15 minutes to clarify the issue of the Manchester money, the definition of "gift" in tax legislation and the conflict of interests consequent to several appointments made by the Taoiseach. I suggest that the Government accept this and clarify these matters once and for all.

Pat Rabbitte (Dublin South West, Labour)
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A brief period of questions and answers after the end of a round of statements would be appropriate in the circumstances.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We are discussing Private Members' business. It is a matter for the House if it wishes to agree to the arrangements for Private Members' business. Normally, Members speak against a proposal before the House. If the Deputies wish to oppose the proposal, I will put the question.

Trevor Sargent (Dublin North, Green Party)
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I wish to oppose the proposal. The Green Party Whip, Deputy Boyle, wrote to the Government Chief Whip specifically asking for the same request made by the other two party leaders. That request was not to the liking of the Government Chief Whip. The House needs to make the decision. One can hear an overwhelming demand for the proposed facility. We will let——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy has just said that he is opposing the question. I will, therefore, put the question.

Trevor Sargent (Dublin North, Green Party)
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Yes, let us have a questions and answers session.

John Gormley (Dublin South East, Green Party)
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Will the Ceann Comhairle let Deputy Sargent explain why he is opposing the question?

Trevor Sargent (Dublin North, Green Party)
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Is the Ceann Comhairle accepting the proposal?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The question is that the proposal for dealing with——

John Gormley (Dublin South East, Green Party)
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Deputy Sargent should be allowed to speak.

Deputies:

This is not a democracy at all.

Trevor Sargent (Dublin North, Green Party)
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Is the Ceann Comhairle accepting the proposal?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Taoiseach wish to change the proposal regarding Private Members' business?

Bertie Ahern (Dublin Central, Fianna Fail)
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I am not changing it. I have answered questions.

Enda Kenny (Mayo, Fine Gael)
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Does the Taoiseach have plans to amend the ethics legislation to allow for a situation where a business person can give a Minister €100,000 in an interest-free loan without breaching that legislation? Is it intended, in light of the public interest in this issue, that the Government will give time either tomorrow or next week to deal with some of the outstanding matters arising from the Taoiseach's full statement last night in terms of ethics, State board appointments, public service obligations, taxation issues and definitions of the term "gift" under the tax law?

Bertie Ahern (Dublin Central, Fianna Fail)
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There is no plan to amend the ethics legislation. The issues are set out clearly in that legislation and in the codes. I spent half an hour on Leaders' Questions dealing with the issues. I thank the Ceann Comhairle for giving us that time.

Pat Rabbitte (Dublin South West, Labour)
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When there is a resignation from high office but the Minister continues to serve in the Department of Health and Children, it is not easy to respond to it. I thank the former Tánaiste for her courtesy during her time there and for her service. The new Tánaiste has an eye to history and he has an opportunity to be the shortest lived Tánaiste in the history of the State.

Is it proposed to proceed with the Privacy Bill as published?

Bertie Ahern (Dublin Central, Fianna Fail)
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This Bill is before the Seanad.

Trevor Sargent (Dublin North, Green Party)
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I take this opportunity to wish the former Tánaiste well and the new Tánaiste an enjoyable short tenure.

Can the long overdue criminal justice (UN convention against corruption) Bill be brought forward any quicker than is proposed? We have moved from position 12 down to position 19 on the international corruption perceptions index. This is something we must address. Will the Taoiseach endorse the calls from my party to abolish corporate donations in the political system in the interests of better transparency, accountability and fairness?

The Government has little credibility in regard to the citizen's information Bill, which has apparently been renamed and the imminent publication of which has been promised every Monday for the last several weeks. Will the latest postponement to 6 October be the final announcement in regard to this legislation or will it continue to be denied the light of day? Who was consulted in regard to the name of the Bill? Was this change a product of the imagination of the Minister or somebody in his office?

Bertie Ahern (Dublin Central, Fianna Fail)
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The citizen's information Bill will be published in October and will be taken in this session. The criminal justice (UN convention against corruption) Bill will be taken next year.

Bernard Durkan (Kildare North, Fine Gael)
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I welcome the publication of the proposed legislative programme for this session. I notice, however, a number of casualties, including the GSI Bill and the postal communications Bill. The omission of the latter, removed from a previous legislative programme and not reinstated, comes at a time when the surreptitious closure of post offices continues. Will the single electricity market Bill be brought to the House earlier than anticipated to give the Minister an opportunity to rescind the decision to increase gas and electricity prices?

Bertie Ahern (Dublin Central, Fianna Fail)
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The purpose of the single electricity market Bill is to facilitate the establishment of a wholesale electricity market on the island of Ireland. The heads of the Bill have been approved but, as a North-South initiative, it will require a joint approach. It will be dealt with during this session.

Brendan Howlin (Wexford, Labour)
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The Tánaiste and Minister for Justice, Equality and Law Reform has promulgated what is purported to be a new immigration and residence Bill, although the Bill itself is on the C list and is not supposed to be published until next year. Have the contents of this Bill been approved by the Government, when will it be published and is it intended to enact it before the end of this Dáil?

Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of this Bill were approved some weeks ago and it has been sent for drafting. It will be brought forward next year.

Brendan Howlin (Wexford, Labour)
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Will it be enacted?

Bertie Ahern (Dublin Central, Fianna Fail)
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It is expected to be. The difficulty is that there are always so many Bills in the Department of Justice, Equality and Law Reform.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Given the recent reports of housing developers refusing to build social and affordable housing under Part V of the Planning and Development Act, will the Taoiseach bring forward the housing (miscellaneous provisions) Bill and include in it the reinstatement in full of Part V, which the Government gutted at the behest of developers and speculators?

The eligibility for health and personal social services Bill has been repeatedly promised and repeatedly postponed. The new legislative programme states that publication is expected in 2007. Is that early 2007 or will it happen at all in the course of this Dáil?

Bertie Ahern (Dublin Central, Fianna Fail)
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We hope to bring forward the housing (miscellaneous provisions) Bill early next year.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will it restore Part V of the planning legislation?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach should be allowed to answer questions without interruption.

Bertie Ahern (Dublin Central, Fianna Fail)
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The eligibility for health and personal social services Bill will be dealt with at some stage next year. It was sent for drafting some time ago.

Róisín Shortall (Dublin North West, Labour)
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The Minister for Transport has promised a new road traffic Bill before the end of this year to deal with several road traffic matters. However, the promised legislation is included on neither the pink list nor the white list. Is it still the intention to produce the Bill this year and when are we likely to see it?

Bertie Ahern (Dublin Central, Fianna Fail)
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The Minister informs me that the Bill is being drafted.

David Stanton (Cork East, Fine Gael)
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What is the reason for the delay in publication of the register of persons who are considered unsafe to work with children Bill and when are we likely to see it? This is urgent legislation that was promised two years ago.

Bertie Ahern (Dublin Central, Fianna Fail)
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This Bill has been delayed to allow us give effect to the recommendations of the joint working group on the protection of children. The legislation arises out of the North-South Ministerial Council. Work thus far on the Bill has concentrated on developing procedures for the vetting of convictions through the vetting unit. The development of a register gives rise to a range of policy and practical implementation issues.

This is a North-South issue and it is not possible to give a date for the Bill's publication at this stage. If, as stated earlier, we made progress, we could deal with this issue.

Paul Gogarty (Dublin Mid West, Green Party)
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Given the wider issues raised by the Taoiseach's response during Leaders' Questions and in light of the elements of hypocrisy and double standards on the part of others in the House——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question? I intend to move on to the next area of business because it is after 6 p.m.

Paul Gogarty (Dublin Mid West, Green Party)
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——particularly the Fine Gael and Labour parties, will the Taoiseach give consideration to new legislation restricting corporate donations, personal donations and loans to politicians?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That question has already been answered.

Paul Gogarty (Dublin Mid West, Green Party)
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I think this is sorely needed and the Taoiseach did not answer the question earlier.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to resume his seat and be orderly, it is after 6 p.m. and there are many Deputies offering.

Paul Gogarty (Dublin Mid West, Green Party)
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With respect, the question was not answered in this context and I would like a reply from the Taoiseach. Given the personal stress he has experienced, would he not consider it appropriate to put forward legislation to tighten up this area?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to resume his seat.

Paul Gogarty (Dublin Mid West, Green Party)
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It is a fair question which I believe the Taoiseach might be willing to address.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to resume his seat.

James Breen (Clare, Independent)
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I tabled two parliamentary questions for answer today and the Ceann Comhairle disallowed both. I agree with him regarding one of them.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I would be delighted to discuss the matter with the Deputy if he wishes to call to my office.

James Breen (Clare, Independent)
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I want the Ceann Comhairle's reasons for rejecting the question to be placed on the public record.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is welcome to put it on the private record. I call Deputy Kehoe.

James Breen (Clare, Independent)
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I will not resume my seat.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is out of order.

James Breen (Clare, Independent)
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I am not out of order.

Paul Kehoe (Wexford, Fine Gael)
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I was told to——

James Breen (Clare, Independent)
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The Minister for Communications, Marine and Natural Resources said that he would intervene with An Post.

Paul Kehoe (Wexford, Fine Gael)
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I would like to ask the Taoiseach——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If the Deputy wishes to frustrate his colleagues during the Order of Business, so be it.

James Breen (Clare, Independent)
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I want an answer.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I am moving on to No. 10.

James Breen (Clare, Independent)
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I will not resume my seat. I will interrupt business if I must. I will stand on the seat.

Deputies:

Look at the Deputy.

James Breen (Clare, Independent)
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This is what is wrong with this House. We want openness and transparency. I am entitled to an answer, the Ceann Comhairle can continue to talk. I will walk up to the Ceann Comhairle if I must.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy is being disorderly, the Chair has informed him that the question can be discussed in private.

James Breen (Clare, Independent)
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I want fair play. That is all I am seeking.