Dáil debates

Tuesday, 9 October 2007

2:30 pm

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 7, motion re proposed approval by Dáil Éireann of the despatch of Major General Pat Nash as Operations Commander in the Republic of Chad and the Central African Republic — it is on the Second Supplementary Order Paper; No. 2, Charities Bill 2007 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted on the adjournment of Private Members' business, which shall be No. 18, motion re fire services, which shall be taken for 90 minutes at 7 p.m. tonight, or on the conclusion of No. 7, whichever is the later; (2) the proceedings on No. 7 shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight and the following arrangements shall apply: the speeches of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case; the speech of each other Member called upon shall not exceed ten minutes in each case; Members may share time; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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There are two proposals to be put to the House today. Is the proposal that the Dáil shall sit later than 8.30 p.m. tonight agreed? Agreed. Is the proposal for dealing with No. 7 agreed?

5:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I wish to propose an amendment to the Order of Business that we discuss this important matter for a further 90 minutes. I congratulate Major General Pat Nash on his appointment. This issue calls into question the broader remit of the Irish Defence Forces and the role our Army has played in protection and civil defence abroad for a number of years in Lebanon, Liberia, Kosovo and now in Chad. This is a new dimension to international defence as far as Ireland is concerned. We have found thousands of words about the issue of neutrality, battle groups and so on. For that reason, in view of its importance and because it is a new dimension to defence abroad, which I support, I propose that we continue to discuss this matter between 8.30 p.m. and 10 p.m. I move amendment No. 1: To delete "7 p.m." and substitute "10 p.m."

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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We will have to return to the issue in the context of troops and we could give more time to that debate. However, the purpose of this motion is the appointment of Major General Pat Nash as Operations Commander in the Republic of Chad and the Central African Republic and I suggest we proceed with it.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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In those circumstances, is the proposal agreed?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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No. I will press the amendment.

Question put: "That the words proposed to be deleted stand."

The Dail Divided:

For the motion: 76 (Bertie Ahern, Dermot Ahern, Michael Ahern, Noel Ahern, Chris Andrews, Seán Ardagh, Bobby Aylward, Joe Behan, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, Séamus Brennan, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Seán Connick, Mary Coughlan, Brian Cowen, John Cregan, Ciarán Cuffe, Martin Cullen, John Curran, Noel Dempsey, Jimmy Devins, Timmy Dooley, Frank Fahey, Michael Finneran, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Noel Grealish, Mary Harney, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Tony Killeen, Séamus Kirk, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Michael Lowry, Martin Mansergh, Micheál Martin, Tom McEllistrim, Finian McGrath, Mattie McGrath, Michael McGrath, John McGuinness, Michael Moynihan, Michael Mulcahy, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, Willie O'Dea, Noel O'Flynn, Rory O'Hanlon, Batt O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Peter Power, Dick Roche, Eamon Ryan, Trevor Sargent, Noel Treacy, Mary Wallace, Mary White, Michael Woods)

Against the motion: 70 (James Bannon, Seán Barrett, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Noel Coonan, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Tony Gregory, Brian Hayes, Tom Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Dan Neville, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Jim O'Keeffe, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Willie Penrose, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton, Leo Varadkar, Jack Wall)

Tellers: Tá, Deputies Tom Kitt and John Curran; Níl, Deputies Dan Neville and Emmet Stagg.

Question declared carried.

Amendment declared lost.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Has the Government decided on the dates for the referenda on the renewed European treaty and on children's rights? Is it intended they both be held on the same date?

Can the Taoiseach instruct the Minister for Justice, Equality and Law Reform to meet with the Garda Representative Association and Garda management to discuss shift operations for gardaí? More officers should be on the streets at times when crime is more likely to be committed and that is an issue in the context of the criminal justice miscellaneous provisions Bill.

While the day-to-day running of the Garda Síochána is a matter for the Garda Commissioner, it is appropriate for Deputies, from all parties and none, to put questions to the Minister for Justice, Equality and Law Reform on individual Garda stations or other such matters, and for answers to be given in this House on behalf of the Minister. Has the Ceann Comhairle yet sorted out the problems Deputies are having with the HSE? It is not just Deputies who are having problems — Ministers cannot make head nor tail of the HSE either and cannot get answers to their questions.

I am glad to see that Battling Siki on the Government side has apologised to the good lady from Limerick.

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)
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The Deputy is a funny man. Failure has gone to his head.

(Interruptions).

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Taoiseach without interruption.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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On the constitutional referenda, if agreement is reached in Lisbon next week and ratified at the Brussels summit in December, ratification for us should be prior to the next European election, which means it should be next year. My view is that it would be better to hold both referenda on the same day but I am open to other views.

On the criminal justice miscellaneous provisions Bill, rostering of manpower is an important issue which the Minister for Justice, Equality and Law Reform has raised many times. It is an operational matter for the Garda Commissioner but the views to emerge from the debate in this House last week are certainly known to the Garda Síochána.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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We need the support of the Garda Representative Association to achieve this.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I wish to ask the Taoiseach about the ordering of business for the remainder of this session. We have started this session at a pedestrian pace and much of the legislation the Government is bringing before the House is on Second Stage. In previous years, the same pattern was followed and we found ourselves, in the last couple of weeks, with a large amount of legislation being put before the House, sometimes at short notice, sometimes with a very short time for debate and usually with the aid of the guillotine.Will the Taoiseach indicate to the House which legislation on the Government's schedule he intends to have enacted by the end of this session? Will he at this stage give an assurance to the House that the guillotine will not be used in the way it has in previous years?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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I can provide a list but, to be brief, there are a number of Bills listed on the Order Paper. They include the Civil Law (Miscellaneous Provisions) Bill, the Charities Bill — which we are ordering today — the Control of Exports Bill, the Criminal Justice (Mutual Assistance) Bill, the Ethics in Public Office (Amendment) Bill, which is in the Seanad, the Fines Bill 2007, the Land and Conveyancing Law Reform Bill, the Markets in Financial Instruments and Miscellaneous Provisions Bill, the Nuclear Test Ban Bill, the Passports Bill, the Tribunals of Inquiry Bill and the Twenty-eighth Amendment of the Constitution Bill. The latter relates to the rights of the child and may not be taken in this session.

Some 17 Bills are listed to be published, including a nursing home support scheme Bill, a criminal justice (forensic sampling and evidence) Bill, a criminal justice (miscellaneous provisions) Bill and a criminal law (human trafficking) Bill, which the Cabinet approved today. That Bill will be published shortly.

Another Bill due to be published this session is the immigration, residence and protection Bill. The heads of the prevention of corruption (amendment) Bill have been approved and it is ready for drafting. It will be out before Christmas. Obviously, the social welfare Bill must be taken and there is a Dublin transport authority Bill for this session. In total, there are 17 Bills, although I cannot guarantee they will all be out in time for debate in this session. On the basis of the definition of this session, which is up to the beginning of the next, we hope the vast majority will be published within the session.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Which of those pieces of legislation does the Taoiseach intend to have enacted in this session? Will the business of the House be ordered in such a way that the legislation the Taoiseach wants enacted will at least get a decent debate?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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I take the point that we should avoid rushing legislation in the last fortnight. Already, there are a dozen or 14 measures before the House. I would like to see all those passed. We have cleared a Bill today and there are a few more coming through. We could give a fairly accurate assessment of when and how we will deal with this legislation over the next two months. There is no difficulty in that regard.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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For a number of years I have noted a nice sign outside Arklow welcoming the National Standards Authority of Ireland to the town. I have in my possession a letter discussing a new Dublin headquarters for the NSAI and stating the body is looking for a building within a five-mile radius of Glasnevin with a 20-year lease. Will the Taoiseach allow time for the Minister for Finance to come to the House and tell us about the situation with regard to the sham of decentralisation? The Government played a confidence trick on the people.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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It is not on the Order of Business. It is not in accordance with Standing Orders.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Since 2004 there has been a sign up welcoming this body to Arklow and here it is going elsewhere, despite me raising the issue.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must find another way of raising the issue.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Is it intended to continue to have questions pertaining to children taken in the time allocated for questions to the Minister for Health and Children? Given that the Department of Justice, Equality and Law Reform no longer has a direct function in this area, that we now have a Minister of State with responsibility for children in Deputy Brendan Smith and that one of the committees to be established will deal with children, would it not be appropriate to have a direct Question Time for this portfolio, given the importance of the area and the many issues of direct concern to people involved in providing for the needs of children?

Does the Taoiseach intend to facilitate the scheduling of direct questions on the issues relating to children and child care to the Minister of State with responsibility here as a stand alone, that is, separate from the Minister for Health and Children whose concentration in the main is on health matters?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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The matter should be discussed but it has not been the convention of the House, which dictates we have Question Time mirrored to each Cabinet Minister. We have always followed the convention.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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In light of the Minister for the Environment, Heritage and Local Government, Deputy Gormley, having removed the rights of many people to build their own homes in parts of rural Ireland with one stroke of a pen——

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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The Deputy means "shafted them".

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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——will the Taoiseach indicate when the designated land (housing development) Bill will come to this House so we will have the opportunity to discuss the legal rights of people to go ahead with proposals?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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That will be early next year.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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When is it proposed to take Committee Stage of the Criminal Justice (Mutual Assistance) Bill in light of recent murders and a Garda annual report which states that between 2000 and 2006 some 338 murders and manslaughters were reported in the State?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should speak on legislation.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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If the Ceann Comhairle will indulge me for two seconds, I wish to put the significance of this on record.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We can neither have a preamble nor an epilogue.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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It is not a preamble. I wish to draw a comparison to Northern Ireland and acknowledge the work of the Taoiseach on the Northern peace process. However, to put this in perspective, in a five-year period from 1990 to 1995 when people were murdering each other in a war zone in Northern Ireland, there were 346——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We have had this already.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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It is awaiting Committee Stage.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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It is awaiting Committee Stage. I call Deputy McEntee.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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There were 346 people killed. Eight more people were killed in the Northern Ireland Troubles in a five-period from 1990 to 1995 than here from 2000 to 2006.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is completely out of order. I call Deputy McEntee.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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What are we going to do to eradicate this problem?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot raise the matter.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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The whole world knew about Northern Ireland, when people were killing each other. Let us be under no illusion in this House. The whole world knows about the mad men and murderers in this country and somebody ought to do something about it.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The problem is the Deputy cannot make a speech on this issue now. I ask the Deputy to resume his seat.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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There should be legislation to combat it.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy McEntee. As I stated, Deputy McHugh can have neither preambles nor epilogues.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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I just wanted to put on record this significant issue.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy McEntee.

Photo of Shane McEnteeShane McEntee (Meath East, Fine Gael)
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At the beginning of the year, there was great support for the Government and the Road Safety Authority in their efforts to bring down the number of road deaths. In the past two months, there has been a 36% increase in the number of road deaths. Will the Taoiseach ask the Minister for Transport to bring forward a new road safety strategy as none has been in place since January?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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It will come through shortly.