Dáil debates
Wednesday, 1 November 2006
Order of Business
5:00 am
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 11, Health (Nursing Homes) Amendment Bill 2006 — Report and Final Stages, resumed; and No. 12, Citizens Information Bill 2006, Second Stage, resumed. It is proposed, notwithstanding anything in Standing Orders, that Private Members' Business shall be No. 25 — Planning and Development (Amendment) Bill 2006 — Second Stage, which shall take place tomorrow immediately after the Order of Business and the proceedings on Second Stage thereon shall, if not previously concluded, be brought to conclusion after 90 minutes on that day.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is the proposal for dealing with Private Members' Business tomorrow agreed? Agreed.
Enda Kenny (Mayo, Fine Gael)
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When does the Taoiseach expect the criminal justice DNA database Bill to move forward and when we can expect publication of the coroners Bill? Has the Whip made a decision yet in respect of the elements of the Morris tribunal that might be discussed in the House, the reports of which have been published?
Bertie Ahern (Dublin Central, Fianna Fail)
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The criminal justice DNA Bill, to provide for the establishment of a database, is being drafted and, I understand, will be available for the spring session. The heads of the coroners Bill have been approved and the Bill has been submitted for drafting. I understand quite an amount of work has been done on it and that it should also be available early in 2007. The Chief Whip will update the Deputy on the Morris tribunal debate. I understand the Minister for Justice, Equality and Law Reform is anxious to take three reports, but the Chief Whip will outline to the Whips some of the procedures involved.
Pat Rabbitte (Dublin South West, Labour)
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Do I take it from our exchanges earlier today in terms of the Minister for Social and Family Affairs, Deputy Brennan's legislative programme and the allowed musings that No. 3 on the Order Paper is withdrawn and that a new Bill will be entered? Will the Taoiseach give an indication as to when the new Bill will be entered?
I want to return to the point about the Morris report, the Dean Lyons report and other outstanding reports. It occurs to me that the Barron report received very little credit for the enormous, painstaking detail and effort that went into it. It pretty much passed by our colleagues in the media. Presumably we cannot blame them as we did not debate it in the House.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question?
Pat Rabbitte (Dublin South West, Labour)
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There was an understanding, at least as reported to me, that next week we would take a series of these reports. I now have the schedule which is entirely different.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Money Advice and Budgeting Service Bill was published almost five years ago, in the early part of 2002. It is the view of the Minister and the Department that the structures to improve this legislation are considerably different from those of five years ago and it would be possible to introduce a far better Bill. The Title will be the same but the Bill will have been comprehensively revised and the Minister will bring the relevant procedures before the Department.
The Whip is telling me that the reason for the change next week is that there is a committee meeting on the Judge Curtin case, in which the spokespersons are involved. I welcome what the Deputy said about the Barron report. We agreed that report would go to the committee. I commend both Mr. Justice Barron and the committee, which is just coming to the end of its fourth report on this issue. For all those who were very concerned about the issue, not just the families and relatives of the victims affected in the various Troubles, an enormous amount of work, research and detail has been involved. Sometimes people ask whether there will be a tribunal or investigation into this. Mr. Justice Barron has uncovered a significant amount of the relevant information and facts.
This is a matter for the committee, but when it finishes the fourth report shortly, it will consider publishing an omnibus edition of the four reports. On foot of this the Government is committed to taking the relevant action. I would certainly welcome highlighting of the Barron investigation. I am certain that the families and victims who were asked to participate in the process are aware of the amount of work that has been done. It would be a good idea to discuss the omnibus report from the committee.
Trevor Sargent (Dublin North, Green Party)
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Earlier the Taoiseach told us there was a difficulty in bringing forward legislation on time. Is the carbon fund Bill one of those Bills that is stuck at the drafting stage, given that it will need to do more than buy carbon credits?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy knows he cannot discuss the contents of a Bill.
Trevor Sargent (Dublin North, Green Party)
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It will have to provide for payment for flood barriers and so forth. Is that in the legislation being prepared?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy knows he cannot discuss the contents of legislation.
Trevor Sargent (Dublin North, Green Party)
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I appreciate that, but——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot make a special rule for the Deputy.
Trevor Sargent (Dublin North, Green Party)
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——I want to ask about the publication date. Given that it will not be soon, perhaps the Taoiseach will take the initiative, following publication of the Sir Nicholas Stern report on climate change, to accept that the request from my colleague, Deputy Cuffe, will form the basis of a debate?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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This is a matter for discussion in the Adjournment debate tonight. The Taoiseach will be heard on the legislation.
Trevor Sargent (Dublin North, Green Party)
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It goes far beyond the scope of the Adjournment debate. We are talking about an apocalyptic scenario.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We will not deal with the issue on the Order of Business. The Deputy has other means at his disposal for raising it.
Trevor Sargent (Dublin North, Green Party)
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You cannot sideline to the Adjournment debate, to the twilight zone of the Dáil——
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are ways the Deputy can raise the matter, but this is not one of them.
Trevor Sargent (Dublin North, Green Party)
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It has been raised in a legitimate fashion. The Ceann Comhairle regards it as not urgent.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair expresses no view on these matters.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair will not create a special rule for the Deputy.
Trevor Sargent (Dublin North, Green Party)
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That is why I am asking the Taoiseach, in order that the Ceann Comhairle does not have to disturb himself or make exceptions to any rules.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should let the Taoiseach answer his questions.
Trevor Sargent (Dublin North, Green Party)
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The Taoiseach can take the initiative on whether to allow a debate on this matter.
Ciarán Cuffe (Dún Laoghaire, Green Party)
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Does the Ceann Comhairle not believe the future of the planet is an urgent matter?
Trevor Sargent (Dublin North, Green Party)
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I just want to ask whether the Taoiseach will take the opportunity to allow a debate on the matter.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair will allow a debate on the matter if——
Trevor Sargent (Dublin North, Green Party)
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The Ceann Comhairle has already ruled it out.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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No, the Chair has only ruled it out on the Order of Business.
Trevor Sargent (Dublin North, Green Party)
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It is in the Taoiseach's court and I am asking him to put the point.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair is passing no comment, good, bad or indifferent, on it.
Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of the carbon fund Bill were approved in July and the Bill is due in early 2007. As regards a debate, that is a matter for the Chief Whip.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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On the serious situation regarding road alignment and so on, when will the roads amendment Bill be introduced? I asked some weeks ago about a date for discussion of the Teamwork report. It is now clear from the Minister for Health and Children, Deputy Harney, that it is national policy. It is time that the Teamwork report for the north east was fully debated in this House.
Bertie Ahern (Dublin Central, Fianna Fail)
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The legislation is due in 2007.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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What about the Teamwork report?
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Then change the Standing Orders.
Damien English (Meath, Fine Gael)
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The Ceann Comhairle knows we cannot change them.
Joe Costello (Dublin Central, Labour)
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This day week I asked the Taoiseach whether he had proposals for additional legislation on fireworks in the context of Hallowe'en. I assume the Taoiseach had the opportunity of listening to illegal fireworks displays in his constituency last night and watching them. Over the weekend a roaring trade was done with Northern Ireland from the Republic.
Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on the legislation?
Joe Costello (Dublin Central, Labour)
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I have. Fireworks were sold in the Republic on the bank holiday Monday. People came down from the North to sell them here. Will the Taoiseach say whether anything will be done to co-ordinate the legislation between this jurisdiction and Northern Ireland?
Bertie Ahern (Dublin Central, Fianna Fail)
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The legislation on fireworks was amended in the summer under the Criminal Justice Bill.
Bertie Ahern (Dublin Central, Fianna Fail)
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It made a big impact. If anyone was watching over the past few weeks, there was a huge reduction——
Bertie Ahern (Dublin Central, Fianna Fail)
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As far as co-ordination between the North and South is concerned, that matter should be taken up with the Minister.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Do not tell me the Minister for Justice, Equality and Law Reform just cracked a funny. Dear me.
Kathleen Lynch (Cork North Central, Labour)
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He has changed completely.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With regard to two promised pieces of legislation in the finance area, the asset covered securities (amendment) Bill and the markets in financial instruments Bill were both signalled in the previous legislative programme for 2006. They have now both been deferred until mid-2007. Is it seriously intended to bring forward both of these in the period prior to the general election and the dissolution of this Dáil? The Bills in question are the asset covered securities (amendment) Bill and the markets in financial instruments Bill.
Bertie Ahern (Dublin Central, Fianna Fail)
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The asset covered securities (amendment) Bill is listed for 2007.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It had been listed for 2006.
Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of the markets in financial instruments Bill were recently approved by Government. It is listed for next summer.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach circulate the heads of the Bill?
Bertie Ahern (Dublin Central, Fianna Fail)
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That matter can be raised with the appropriate Minister.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Taoiseach is an enthusiast.
Tommy Broughan (Dublin North East, Labour)
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Will we see the inland fisheries authority Bill before the general election? Will there be any other legislation? The Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, is telling us two pieces of legislation may be necessary to implement the salmon decision made this morning. Can we expect some legislation in that regard?
Bertie Ahern (Dublin Central, Fianna Fail)
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There is no Bill listed.
Tommy Broughan (Dublin North East, Labour)
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The Minister is making it up then.
Enda Kenny (Mayo, Fine Gael)
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When does the Taoiseach expect the Attorney General to report to the Cabinet on the questions surrounding the St. Andrews agreement? The Attorney General has clearly been asked to review it. When does the Taoiseach expect a briefing?
Bertie Ahern (Dublin Central, Fianna Fail)
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To return to Deputy Broughan's question, the national inland fisheries authority Bill is due next year. That is the only Bill listed.
Tommy Broughan (Dublin North East, Labour)
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Will that be before the election?
Bertie Ahern (Dublin Central, Fianna Fail)
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With regard to Deputy Kenny's question, the Attorney General cannot do an assessment until we see the legislation that is agreed, if we can get the legislation finally agreed. That will be in approximately three weeks' time. He has already put down his markers on it.
As I previously stated, the strong position of the Democratic Unionist Party, with which I do not agree, frankly, is that there should be an election in Northern Ireland. That is not a matter I can control. I think it will create other difficulties. However, if the party insists on this, the second largest party in Northern Ireland, Sinn Féin, would also state there should be an election, although it would rather not have one. If it goes down that road, it will be a different procedure. We will still have to look at whatever the legislative changes would be. We cannot do that until we see the work completed.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Will the Taoiseach indicate if the national consumer agency Bill will be published and debated in the House this session?