Dáil debates

Wednesday, 8 November 2006

11:00 am

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 16, National Oil Reserves Agency Bill 2006 — Order for Report, Report and Final Stages; No. 15 — Citizens Information Bill 2006 — Second Stage, resumed; and No. 1, Europol (Amendment) Bill 2006 [Seanad] — Second Stage. Private Members' business shall be No. 54, motion re energy price increases, resumed, to conclude at 8.30 p.m.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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There are no proposals to put to the House.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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When will we see the legislation for the Dublin transport authority? While I know a report is to be published, when will the Bill be published to allow for a licensing system to help greatly with traffic congestion? When does the Government expect to publish the Bill in respect of the new aviation commission? It is at No. 73 on the list for publication sometime in 2007. The family law Bill to make provision for pension adjustments etc. has been on the list for some time. When will it be published?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The aviation commission Bill and the family law Bill will be next year. The transport authority Bill is due for this session.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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What does the Minister mean by this session?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand it will be published this session.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Before Christmas.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Does the Minister for Finance believe a referendum will be necessary arising from the St. Andrews agreement? If so is it likely to be held at the same time as the referendum on the rights of the child?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I cannot really confirm that matter, which would be best addressed to the Taoiseach. The Attorney General will need to give formal advice on whether a referendum is required for the St. Andrews agreement. He did not attend Cabinet yesterday. The matter has not arisen at any Cabinet meetings I have attended since the discussions took place at St. Andrews. Therefore the question of when it would take place and whether it would be joined with any other proposal would probably be dependent, regarding the children's issue, on trying to build consensus in the House on what that constitutional amendment should entail. I note some of the proposals from the Joint Committee on Child Protection, under the chairmanship of Deputy Peter Power, have also been published in today's newspapers. All the work needs to be pulled together by the Minister of State, Deputy Brian Lenihan, to ascertain whether the matter can be dealt with consensually on an all-party basis.

Photo of Trevor SargentTrevor Sargent (Dublin North, Green Party)
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As we are approaching the winter months I ask the Minister for Finance whether the single electricity market Bill will be introduced soon, given that we had 57 amber alerts last year and there is a serious need for saving energy to be given priority.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand it will be this session.

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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This morning Deputy Kenny raised the issue of congestion on the M50 and the need to raise the barrier when traffic gets very congested. The Government has promised that we will move to electronic tolling by 2008, which requires enabling legislation. When will that legislation be published?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not have that information available to me. Perhaps the Deputy should direct a parliamentary question to the Minister for Transport. She is correct in saying it is our intention to have barrier-free tolling by 2008.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Following the organ retention scandal, the Minister for Health and Children promised legislation to ensure proper authorisation of post mortems and organ retention. When will it come to the House?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand it is not on any list. Does the Deputy have the exact name of the legislation?

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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We ask questions here about legislation that is promised, not about legislation that is on the list.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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If the Deputy had the name, I could find it more quickly.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Does the Minister want me to give the name of legislation that the Government is proposing?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Normally Opposition spokespersons know the name of a Bill about which they ask.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I am asking the Minister the questions. This is post mortem legislation.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not have that information before me. I can forward it to the Deputy.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Due to the alarming increase of the incidence of MRSA in our hospitals, the Dublin City Coroner has indicated that all deaths attributable to MRSA——

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Does the Deputy have a question on legislation?

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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It is not necessary to speak at length.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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If the Ceann Comhairle waits, he will hear the end of the sentence. The Dublin City Coroner has asked that all deaths attributable to MRSA be reported to him. I have asked the Tánaiste if this will be extended to all coroners throughout the State.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, we will move on. I call Deputy Kehoe.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Tánaiste has advised that he does not currently have the powers——

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call Deputy Kehoe.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——but that this matter will be included——

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I am sorry, Deputy.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am more sorry than the Ceann Comhairle is. The Tánaiste has advised that the matter will be included in the promised coroners Bill. When will the coroners Bill be introduced and will it be introduced more speedily given the serious situation regarding MRSA in hospitals?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It will be introduced as soon as possible given the level of priority accorded to it. I understand it will be early next year.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I remind Deputy Ó Caoláin it is not appropriate to go into detail on what might be contained in legislation or what he might like to see in legislation on the Order of Business. It should be purely a question on when the legislation will be before the House.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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The Ceann Comhairle should ask the Minister to give better answers.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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When will the harbours Bill be brought before the House?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand it will be next year.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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On 2 October 1958, Ireland signed four conventions dealing with the Law of the Sea. Is it intended to ratify any of these conventions, including the conventions on the continental shelf, living resources of the high seas, the territorial sea and the contiguous zone? As these were all signed on the same day, 2 October 1958, will it require an historic decision to ratify any one or all of them? Does the Minister expect this to happen in our lifetime?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Given the Deputy's unique interest in this area, I certainly hope it happens during his political career.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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That is kind of the Minister. However, could he tell us what is proposed? We have signed 27 United Nations conventions, none of which has been ratified. Yesterday, I referred to two dealing with the rights of the child, one to protect children against pornography and another on trafficking of children. Regarding the Minister's earlier answer, it might be a good start to consultation on the rights of the child to ratify the related United Nations conventions.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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As the Deputy knows, the application of conventions into domestic law does not automatically apply in respect of every convention we sign. It does not excuse what has happened regarding ones we signed in 1958. We will need to check the situation on all the conventions he has mentioned.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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The Tánaiste and Minister for Justice, Equality and Law Reform would have a leading role in the delays.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I will ask the Minister for Foreign Affairs if he can also assist.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister will be aware of the increasing level of personal credit union indebtedness. Does he have any plans to underwrite the solvency of credit unions?

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

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Yes.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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As the Deputy knows, the question of solvency of credit unions is dealt with under the financial regulatory arrangements that have been introduced. We have a regulator for credit unions. The Deputy will also be aware of the indemnity that applies by league members in respect of any credit union that gets into difficulty. An indemnity is provided by the Irish League of Credit Unions in respect of which a fund is in place. I have received representations from credit unions on a number of matters, which are being dealt with primarily on the advice of the advisory council that was established for the purposes of advising the Minister for Finance on these matters. That is where it stands currently, as I understand it.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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The Child Care (Amendment) Bill, which I understand has been taken in the Seanad, is legislation that allows for partial reform of the adoption process on foot of the Hague convention on children. Is the Bill likely to come before the House in this session?

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is a matter for the Seanad.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand Report Stage is ordered in the Seanad.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Given the concerns regarding oil and gas exploration and the licensing regime, would it be possible to bring forward, as promised, in line with the reform proposals for delivering better Government, the minerals development Bill? We spoke about this matter previously and the Minister indicated a willingness to help out the Opposition in this regard. Has he pondered on it further?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand heads have been approved and that the Bill should be brought forward some time next year. Given other legislation pending, it will not be before that.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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First, is there any movement on a charities Bill? Second, in light of the fact that the Government withdrew the Bill regarding the advertising of alcohol at social clubs etc., when will the sale of alcohol Bill be brought before the House to allow us to discuss that issue? Third, and more importantly, in light of the fact that the Minister for Health and Children has made clear in public utterances that she does not have any support for small hospitals, when will the Teamwork report be discussed in this House?

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is not in order, Deputy. I call the Minister to reply to the first two questions.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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The Teamwork report is extremely important——

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Yes, Deputy, and I suggest you submit a question to the line Minister.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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——and it is part of Government policy. I have asked that it be debated in this House.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That matter was dealt with yesterday.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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I was promised by the Taoiseach that it would be discussed by the Whips and I want to know when that will happen.

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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That is a matter for the Whips, Deputy.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The last question the Deputy mentioned is a matter for the Whips. The other two Bills, the charities Bill and the sale of alcohol Bill, are due next year.

Jerry Cowley (Mayo, Independent)
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Will the Minister comment on an independent public commission of inquiry into the proper position for the Corrib gas project? It is clear there is a need for community consent. When I was in Norway last year they said there is no way a project like that could go ahead without community consent. Is there any way the Minister can examine this legislation——

Photo of Rory O'HanlonRory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Sorry, Deputy, that does not arise on the Order of Business. I suggest you submit a question to the line Minister.

Jerry Cowley (Mayo, Independent)
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Hopefully, consent can be determined because where it is determined to locate the Corrib gas project is not in the interests of Mayo, its people or this country.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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No legislation is promised.

Jerry Cowley (Mayo, Independent)
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That is a shame.