Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 9, motion re Standing Orders Nos. 125 and 170; No. 10, motion re ministerial rota for parliamentary questions; No. 15, Citizens Information Bill 2006 — Second Stage, resumed; and No. 1, Europol (Amendment) Bill 2006 [Seanad] — Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 9 and 10 shall be decided without debate. Private Members' business shall be No. 54, motion re energy price increases.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There is one proposal to put to the House. Is the proposal for dealing with Nos. 9 and 10 without debate, motions re Standing Orders Nos. 125 and 170 and the ministerial rota for parliamentary questions, agreed? Agreed.

Enda Kenny (Mayo, Fine Gael)
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No. 28, the carbon fund Bill, is on the list for early 2007. When is it likely to be published? When is the immigration and residence Bill due for publication? This Bill will update the law on immigration, residence and other matters relating to non-nationals and is also expected in early 2007. Will the Taoiseach give an update on the situation in respect of the wish of the people of Dingle——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The third question does not arise. The Deputy was doing very well on the first two.

Enda Kenny (Mayo, Fine Gael)
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The first two questions are perfectly legitimate.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Unfortunately, the third one is not.

Enda Kenny (Mayo, Fine Gael)
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Seán Lemass used to say that Fianna Fáil was slightly constitutional. In fairness, the question is not far off the mark. There was a referendum in Dingle and perhaps the Taoiseach will give us an update on the visit of the Minister with responsibility for the Gaeltacht to that area.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Unfortunately, the Chair cannot make that decision.

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 on target for early 2007. There are 70 heads in the immigration and residence Bill and these have just been approved. The Bill is due in 2007 but I do not have a definite date on it. The Bill will update the law on immigration, residence and other matters relating to non-nationals. I understand the Minister will attend a meeting on the other issue raised.

Enda Kenny (Mayo, Fine Gael)
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Is it An Daingean or Dingle?

Pat Rabbitte (Dublin South West, Labour)
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It appears the state of the electoral register after the refurbishment is worse than it was before we started out. What action does the Government intend to take——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.

Pat Rabbitte (Dublin South West, Labour)
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It does.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Chair will facilitate the Deputy if he wishes to raise the matter in an appropriate way.

Pat Rabbitte (Dublin South West, Labour)
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I remember asking Mick McCarthy once how many times he had been sent off——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That certainly does not arise on the Order of Business.

Pat Rabbitte (Dublin South West, Labour)
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——and he said he probably deserved it the first four times and he certainly deserved it the last three times. Similarly, I think a question about the state of the electoral register on the Order of Business is entirely appropriate.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is an appropriate question for the line Minister and there are many ways the Deputy can raise the matter in the House, but it is not appropriate on the Order of Business. The Deputy could have raised the matter on Leaders' Questions.

Pat Rabbitte (Dublin South West, Labour)
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May I put it this way? Will the Taoiseach provide time in the House to debate the grossly inadequate state of the electoral register?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is time promised?

Liz McManus (Wicklow, Labour)
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We did not hear a reply.

Pat Rabbitte (Dublin South West, Labour)
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I wish to raise a second matter. Do I understand the Taoiseach to have said today at Question Time that there is no prospect of a referendum on the children's issue before the general election or did he say that it is an open question because he must discuss the issue with the rest of us? I know that will weigh heavily on him. Will he be clearer? Will there be a referendum before the general election?

Bertie Ahern (Dublin Central, Fianna Fail)
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If I state that we must have it by a particular time, taking into account the consultation process, people will say that I am being prescriptive in trying to decide it. It is an open question. The Minister of State at the Department of Health and Children, Deputy Brian Lenihan, is available and ready to enter into dialogue with the political parties and the many NGO organisations with an interest in this issue and has been talking to them over recent months prior to the UN meeting. If we can agree on the wording, I am happy to have the referendum whenever possible. It may be included with other issues, before the general election or with the election. I am totally open on the issue.

Pat Rabbitte (Dublin South West, Labour)
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Will we have a debate on the state of the electoral register?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.

Pat Rabbitte (Dublin South West, Labour)
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I can ask for a debate.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Only on promised debates.

Pat Rabbitte (Dublin South West, Labour)
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It would be as well for the Ceann Comhairle to shut the House down altogether.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It might suit the Deputy to stay within Standing Orders.

Pat Rabbitte (Dublin South West, Labour)
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It is an important matter. Will the Taoiseach provide time for us to have a discussion on the matter or will he say what measures will be taken to make the register representative of the number of people who are entitled to vote?

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

Bertie Ahern (Dublin Central, Fianna Fail)
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I cannot answer the second question. The Minister has asked that the relevant Oireachtas committee meet so that he can make a presentation on the matter. There is a good and positive story to tell. There is also the requirement where the House can help to ensure the register is completed. Given that the Minister has asked I suggest the committee do that.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Tell the people.

Trevor Sargent (Dublin North, Green Party)
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I regret the Chair did not see fit to accept my Standing Order 31 request. On promised legislation, I seek to move the matter on to some extent. When it comes to the use of banned chemicals and violation of labour standards in a company it is strange that the employment rights compliance Bill does not, as yet, seem to have a date for publication.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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On legislation——

Trevor Sargent (Dublin North, Green Party)
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That is my first point. I ask about that legislation and the date of publication.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Taoiseach to respond.

Trevor Sargent (Dublin North, Green Party)
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Following his reply to Deputy Kenny on the carbon fund Bill, is that the only legislation in train to face the challenge presented by the Stern report?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?

Trevor Sargent (Dublin North, Green Party)
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Is there other legislation or do we have to wait until the Green Party gets into Government before we can get any decisive and effective action?

Bertie Ahern (Dublin Central, Fianna Fail)
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I do not have a date as to when the employment rights compliance Bill will be published. The heads of the Bill have not been brought forward so I do not have a date.

Trevor Sargent (Dublin North, Green Party)
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Everybody knows that.

Bertie Ahern (Dublin Central, Fianna Fail)
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I was asked about the carbon fund Bill. The issue of the Stern report is being examined across a number of Departments with a view to taking whatever action is necessary.

Richard Bruton (Dublin North Central, Fine Gael)
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Has the Government abandoned the intellectual property legislation? I remember I was likened to a good German doctor for quoting statistics from the Minister for Justice, Equality and Law Reform. Now the Minister for Justice, Equality and Law Reform is turning 12,500 Garda into 14,000 and the Minister for Finance is turning 650,000 people paying tax at 42% into 400,000.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy will have to wait until the Bill comes before the House to discuss Second Stage.

Richard Bruton (Dublin North Central, Fine Gael)
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Certainly the integrity of data is collapsing on that side. Maybe the Government was too high on its own supply over the weekend.

Bernard Durkan (Kildare North, Fine Gael)
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It was magic.

Bertie Ahern (Dublin Central, Fianna Fail)
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I was looking at the correspondence. It was good of Deputy Bruton to word the question in a way that makes everybody look at the answer. It was interesting to find out, when one examines it, that only 20% of people pay the higher rate of tax.

Richard Bruton (Dublin North Central, Fine Gael)
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It was a very creative and technical argument that the Taoiseach could not master.

Bertie Ahern (Dublin Central, Fianna Fail)
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I did not have the time to do it. It was very kind of the Deputy to frame his question in a way that actually made people look at the answer. Now we know that only 20% of the people pay tax at the higher rate.

Deputies:

Thank you doctor.

Bernard Durkan (Kildare North, Fine Gael)
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That is provided the answer is correct.

Liz McManus (Wicklow, Labour)
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We have been promised many times the publication of the Leas Cross nursing home report. When will we see it?

Bertie Ahern (Dublin Central, Fianna Fail)
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To be honest, I do not know.

Liz McManus (Wicklow, Labour)
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I am sorry——

Bertie Ahern (Dublin Central, Fianna Fail)
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I will try to find out the information for the Deputy.

Liz McManus (Wicklow, Labour)
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I ask the Taoiseach to pay more attention to this matter. This matter has been going on since May——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, we cannot have a debate.

Liz McManus (Wicklow, Labour)
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——and people have a right to see this report. I am grateful the Taoiseach said he would get back to me. What is much more important is that he gets back to the Irish people and publishes what is a very important report.

Bertie Ahern (Dublin Central, Fianna Fail)
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Sorry, my note says on or about 10 November, which is this Friday. Quite honestly, I was not aware of that.

Liz McManus (Wicklow, Labour)
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I thank the Taoiseach.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I note the heads of the Bill on the long-overdue legislation to outlaw human trafficking have finally been published. When is it intended that the criminal law trafficking in persons and sexual offences Bill will be brought before the House? In relation to the Child Care (Amendment) Bill, can the Taoiseach advise as to what stage it is at in terms of its passage through the Seanad and when it is intended that the Bill will come before the Dáil Chamber?

Bertie Ahern (Dublin Central, Fianna Fail)
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The heads of the criminal justice trafficking in persons and sexual offences Bill have been completed and it is gone for drafting. It is hoped to have the Bill in early 2007. I understand Report Stage of the Child Care (Amendment) Bill has been ordered for the Seanad tomorrow.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Under promised secondary legislation, part of the nitrates action plan was implemented on 1 August 2006 and part has yet to come into force. When will that statutory instrument come into force? When will the agricultural community be informed of the legislation that is now binding which means they can be fined up to €30,000——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy——

Denis Naughten (Longford-Roscommon, Fine Gael)
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——for spreading fertiliser on land if the ground temperatures are one degree lower than that set out in the statutory instrument? This is bureaucracy gone mad.

Bernard Durkan (Kildare North, Fine Gael)
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It is. That is a sure sign of it.

Bertie Ahern (Dublin Central, Fianna Fail)
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I understand it will be published next week and that meetings have been ongoing throughout the country for the past few weeks.

Joe Costello (Dublin Central, Labour)
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In view of the initiative launched yesterday by the Shell to Sea campaign to establish a commission to try to break the impasse on the Corrib gas——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Has the Deputy a question on legislation?

Joe Costello (Dublin Central, Labour)
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Will he consider underpinning that commission——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?

Joe Costello (Dublin Central, Labour)
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Sorry, a Cheann Comhairle——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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As the Deputy is aware, on the Order of Business it is appropriate to ask about promised legislation.

Joe Costello (Dublin Central, Labour)
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I am about to finish the question and I am coming to the parts which are relevant.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The House has gone on 24 minutes too long on Leaders' Questions so it is time to move on.

Joe Costello (Dublin Central, Labour)
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It is in relation to legislation.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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What is the Deputy's question on legislation?

Joe Costello (Dublin Central, Labour)
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Will the Taoiseach consider underpinning it——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is legislation promised?

Joe Costello (Dublin Central, Labour)
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——with the commission of investigation legislation?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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No legislation has been promised. I call Deputy Boyle.

Joe Costello (Dublin Central, Labour)
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Will he give time to debate the matter in the House?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, as Deputy Stagg has pointed out to me so often it is a matter for the Whips.

Joe Costello (Dublin Central, Labour)
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Well if it is a matter for the Whips, the Taoiseach can reply to it here.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Yes, Deputy, but if I were to allow that question every Member——

Joe Costello (Dublin Central, Labour)
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The Whips on this side have no say in the matter.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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——on each side of the House would get up and raise an issue he or she would like to see debated in the House.

Dan Boyle (Cork South Central, Green Party)
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Will secondary legislation be available by way of an instrument to the Minister for Enterprise, Trade and Employment for a situation I outlined earlier under Standing Order 31 for a company in which the Minister for Agriculture and Food, supposedly, has a golden share, in terms of redundancies in the Greencore company? If that instrument is not available to the Minister does the promised legislation, the protection of employment exceptional collective redundancy Bill, cover that circumstance?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss what the interpretation of legislation means.

Bertie Ahern (Dublin Central, Fianna Fail)
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That legislation will be published next year.

Bernard Durkan (Kildare North, Fine Gael)
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A year ago the postal services Bill was promised. Last week the Tánaiste said it was not promised. On the legislative programme published at the time, which I have, it was promised. Perhaps the Taoiseach will indicate how, in the space of a year, legislation that was promised is no longer promised and for what reason——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call the Taoiseach on legislation.

Bernard Durkan (Kildare North, Fine Gael)
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——given, particularly, the need to address the issue of the postal services and the internal problems in An Post at any given time and the whole structure——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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We cannot discuss what might be in the Bill. I call the Taoiseach on the legislation.

Bernard Durkan (Kildare North, Fine Gael)
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I wish to raise two other items. I receive countless complaints, as I am sure everybody else does, from all over the country about ESB bills being estimated whereby the consumer has to pay the accumulated increases——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Has the Deputy got a question on legislation?

Bernard Durkan (Kildare North, Fine Gael)
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I have. The relevant legislation can be dealt with in the context of a debate on the single electricity market Bill.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Is that promised legislation?

Bernard Durkan (Kildare North, Fine Gael)
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It is promised legislation. On a daily basis we all get continuous complaints about the lack of availability of broadband and the lack of urgency in the provision of the facility throughout the country with a consequent impact on business. The legislation is the electronic communications Bill which is promised.

Bertie Ahern (Dublin Central, Fianna Fail)
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Regarding the Deputy's first question on postal services, earlier this year the Minister withdrew that Bill. The other two Bills, the Single Electricity Market Bill and the Electronic Communications (Miscellaneous Provisions) Bill, will be introduced this session.

Bernard Durkan (Kildare North, Fine Gael)
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Why did the Minister withdraw the Bill?

Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputy should put down a question to the Minister.

Bernard Durkan (Kildare North, Fine Gael)
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I did so.

Eamon Gilmore (Dún Laoghaire, Labour)
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It is four months since the Commission on Electronic Voting submitted its report to this House. When will the Government provide time for a debate on that report?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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As I pointed out to Deputy Gilmore's colleague, if everybody asks the same questions ——

Eamon Gilmore (Dún Laoghaire, Labour)
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This is perfectly in order. The report was submitted to the House and we are entitled to debate it.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputy should ask the Whips to discuss the matter.

Eamon Gilmore (Dún Laoghaire, Labour)
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That was the answer I received when I last asked the question two or three weeks ago. I understand the matter has been raised with the Whips. When will the Government provide time to debate this report?

Bernard Durkan (Kildare North, Fine Gael)
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It is an important issue.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach says it is a matter for the Whips.

Eamon Gilmore (Dún Laoghaire, Labour)
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The Government orders time in this House. When will time be provided?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I suggest the Deputy should find another way of raising the matter.

Eamon Gilmore (Dún Laoghaire, Labour)
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This is the way to raise it.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The question has been answered by the Taoiseach and the Chair does not intend to remain here all day. I call Deputy Crawford.

Eamon Gilmore (Dún Laoghaire, Labour)
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With the greatest respect, this is a report which was made to the House and this is the time and place to raise the question of when it will be debated. Will the Taoiseach tell us when it will be debated?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Taoiseach has answered the Deputy's question.

Eamon Gilmore (Dún Laoghaire, Labour)
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He did not answer it. He passed it off to the Whips.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask the Deputy to allow Deputy Crawford to speak.

Eamon Gilmore (Dún Laoghaire, Labour)
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I would like an answer to my question.

Joan Burton (Dublin West, Labour)
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This is not yet a one-party State.

Bertie Ahern (Dublin Central, Fianna Fail)
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Deputy Gilmore is clearly not familiar with parliamentary procedure. The Whips meet once per week to discuss various issues. The Chief Whip puts forward what he would like to do and the others have their say before he sets out the schedule.

Eamon Gilmore (Dún Laoghaire, Labour)
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The Chief Whip does what the Taoiseach tells him.

Bertie Ahern (Dublin Central, Fianna Fail)
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If Deputy Gilmore thinks I stay up all night worrying about the Chief Whip's actions, I do not.

Enda Kenny (Mayo, Fine Gael)
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Deputy Kitt gets his way every time.

Bernard Durkan (Kildare North, Fine Gael)
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Sixty million euro.

Bertie Ahern (Dublin Central, Fianna Fail)
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I will ask the Chief Whip, who has listened to Deputy Gilmore, to take account of the Deputy's concerns.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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In light of the fact many families are being disadvantaged by the lack of rights to residency and that the waiting time for the processing of applications is more than two years, when will the immigration and residence Bill be debated in this House?

Bertie Ahern (Dublin Central, Fianna Fail)
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It will be brought in in 2007.

Tommy Broughan (Dublin North East, Labour)
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In the entertaining comedy turn given by the Minister for the Environment, Heritage and Local Government, Deputy Roche, at Citywest last weekend, he referred to major changes in the area of microgeneration. Given that the CER is carrying out a consultation process at present, will legislation be introduced on these changes before the general election?

Bertie Ahern (Dublin Central, Fianna Fail)
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To which Bill does the Deputy refer?

Tommy Broughan (Dublin North East, Labour)
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I was referring to a microgeneration Bill. My point is that no legislation will be brought. The Minister told us we would all have windmills and solar panels on our roofs.

Bernard Durkan (Kildare North, Fine Gael)
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Don Quixote.

Tommy Broughan (Dublin North East, Labour)
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That will not happen before the next Government enters office.

Bertie Ahern (Dublin Central, Fianna Fail)
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A large number of people are already receiving grants for solar panels, so they do not require legislation.

Tommy Broughan (Dublin North East, Labour)
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What about windmills?

Enda Kenny (Mayo, Fine Gael)
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I read somewhere that the Minister for Education and Science completely misunderstands my party's position with regard to the Irish language.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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It does arise. I ask the Taoiseach to consult ——

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Will Deputy Kenny clarify whether he intends to abolish compulsory Irish?

Enda Kenny (Mayo, Fine Gael)
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The Minister's remarks were beneath a person of her stature.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question appropriate to the Order of Business?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I take it the Deputy intends to abolish compulsory Irish.

Enda Kenny (Mayo, Fine Gael)
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I would be delighted to get into the trenches with the Minister on this matter.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should not allow himself to be provoked.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Aon uair.

Enda Kenny (Mayo, Fine Gael)
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Am ar bith. I ask the Taoiseach to inform the Chief Whip that I would like a debate in due course on the Harris report which, as the Minister is aware, concerns the quality of spoken Irish in the primary school system.

Bertie Ahern (Dublin Central, Fianna Fail)
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I will consult the Whip.

Michael D Higgins (Galway West, Labour)
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I wish to inquire about two United Nations conventions. On 7 September 2000, or more than six years ago, Ireland signed the optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. On 13 December 2000, Ireland signed the protocol to prevent, suppress and punish trafficking in persons, especially women and children, which was supplementary to the United Nations Convention against Transnational Organised Crime. When is it proposed for Ireland to ratify these two basic conventions to protect the rights of the child?

Bertie Ahern (Dublin Central, Fianna Fail)
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I will investigate the matter and revert to the Deputy on it.

Jerry Cowley (Mayo, Independent)
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Under legislation, a proposal which offers a reasonable and sensible way for resolving the Corrib gas conflict is an independent public inquiry into the location of the Corrib gas project. What is the Taoiseach's view of the matter?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That does not arise on the Order of Business.