Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No.2, Social Welfare and Pensions Bill 2008, Second Stage (resumed), and No.3, Immigration, Residence and Protection Bill 2008, Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight; business shall be interrupted on the conclusion of Private Members' business, which shall be No. 28, motion re education, autism and special needs (resumed) and which shall be taken for 90 minutes at 7 p.m. or on the conclusion of No. 2, whichever is the later; and the proceedings on the resumed Second Stage of No.2 shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal that the Dáil shall sit later than 8.30 p.m. tonight agreed? Agreed. Is the proposal for dealing with No. 2, the Second Stage of the Social Welfare and Pensions Bill 2008 agreed? Agreed.

Enda Kenny (Mayo, Fine Gael)
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I ask the Taoiseach to send out an APB for the Greens. They have not been in this House since the place resumed. The Minister for patio heaters is going around the country collecting them and I do not know where the Minister for Communications, Energy and Natural Resources is. I remember back in the good old days, when former Deputy John Bruton was Taoiseach, that he made it perfectly clear that every Minister should be in the House for the Order of Business unless an issue of national importance kept them away. If they are out there, the Green Party Ministers should attend to keep this place moving.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Where are the Fianna Fáil Ministers?

Bertie Ahern (Dublin Central, Fianna Fail)
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In those days, the Order of Business took ten minutes. Now it takes several hours.

Enda Kenny (Mayo, Fine Gael)
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Not if one goes back and listens to what the Ceann Comhairle used to say. When the poor former Deputy Nora Owen was in here, as Minister for Justice, it used to take longer than ten minutes, believe me.

Bernard Durkan (Kildare North, Fine Gael)
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That alone used to take half an hour.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I am sure the historical marathon is marvellous, but we must move on.

Enda Kenny (Mayo, Fine Gael)
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It is also accurate, a Cheann Comhairle. I ask the Taoiseach to explain the difference between No. 33 and No. 79, the intoxicating liquor Bill and the sale of alcohol Bill, both of which deal with the sale and consumption of alcohol. One is expected to come before the House in late 2008 and I do not know when the other is expected. Is there a difference between these two Bills and when are they likely to be dealt with in the House?

I note the statement from the Ó Cuanacháin parents about their autistic child and his education. Having gone through the trauma they have experienced, they made the point that the Government should allow a free vote on the motion on special educational needs this evening. Is it the Taoiseach's intention to allow that to happen, in view of the statements being made by many of his backbenchers?

I received a letter recently from the Minister for Foreign Affairs, who said that on a daily basis the Irish ambassador in Washington is dealing with Members on Capitol Hill, in the Senate and the Congress about the issue of undocumented Irish, following on from the all-party motion agreed in the Dáil that there would be a bilateral arrangement with the United States. I note this morning that the Democratic Caucus is now talking about stop-gap immigration legislation which would allow illegal immigrants to the United States to pay a fine, pass criminal background checks and obtain five-year visas. I ask the Taoiseach to bring this to the attention of the ambassador, consequent on the bilateral motion agreed unanimously in this House, as it may be of interest to him. Even if all candidates in the presidential election are not committing themselves at this point regarding their future plans, the Democratic Caucus in Washington, with particular emphasis on the Hispanic population, is examining this issue seriously.

Bertie Ahern (Dublin Central, Fianna Fail)
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The intoxicating liquor Bill is to provide for public order aspects of the sale and consumption of alcohol. It aims to deal with public order issues and what has happened recently ——

Enda Kenny (Mayo, Fine Gael)
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Will the other one just deal with the sale outlets?

Bertie Ahern (Dublin Central, Fianna Fail)
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The sale of alcohol Bill is designed to codify the law relating to the sale and consumption of alcohol. A substantial amount of legislation has been introduced over the years and the Bill will codify it. That legislation will probably be introduced before the end of the year. The Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, is anxious to bring the intoxicating liquor Bill, which is a shorter Bill, before the House by the summer.

Emmet Stagg (Kildare North, Labour)
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Here's a Green now.

Eamon Gilmore (Dún Laoghaire, Labour)
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I congratulate Deputy Kenny on succeeding in getting a Green Party Minister into the House.

Joan Burton (Dublin West, Labour)
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Welcome back, Deputy Sargent.

Eamon Gilmore (Dún Laoghaire, Labour)
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It is the fastest response by the Government to a call from the Opposition that I have seen in a long time.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Is this what is called a green moment?

Trevor Sargent (Dublin North, Green Party)
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I am at the Deputy's service.

Deputies:

Does the Deputy want Brussels sprouts?

Bernard Durkan (Kildare North, Fine Gael)
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Is it a vision or a mirage?

Eamon Gilmore (Dún Laoghaire, Labour)
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I am sure, despite all the things that are on the Taoiseach's mind these days, it has not escaped his attention that tomorrow is Valentine's day. I recall that——

Enda Kenny (Mayo, Fine Gael)
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Is legislation promised?

Mary Harney (Dublin Mid West, Progressive Democrats)
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We will not be adjourning the Dáil

Eamon Gilmore (Dún Laoghaire, Labour)
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I recall that last October, when the Labour Party put its Civil Unions Bill before the House, the Government promised it would produce the heads of its own civil unions Bill in February. As it is now February and given the day that is in it tomorrow, perhaps the Taoiseach will indicate when we will see that legislation.

The Ceann Comhairle wrote to me this morning, and I thank him for that, arising from the matters I raised yesterday. I acknowledge that I should have given the Ceann Comhairle notice yesterday prior to raising what were detailed and complicated matters. I wish to ask two questions arising from the Ceann Comhairle's letter. I understand from press reports that the Government does not intend to contest the application being made by the Smithwick tribunal to the High Court for the production of Cabinet documents. This is welcome. Will the House become a party to the action being taken by the Taoiseach to the High Court, which he states is in respect of parliamentary privilege? In the Ceann Comhairle's letter to me, he pointed out that under section 4 of the Houses of the Oireachtas Commission Acts 2003 and 2006, the commission may seek leave to be joined as a notice party in legal proceedings provided it has been duly authorised by the Dáil to do so. Given the Taoiseach's statement yesterday concerning the purpose of his visit to the High Court — to protect parliamentary privilege — does he intend to bring a motion to the Dáil on behalf of the Government to authorise the commission to become a notice party to the action?

Bertie Ahern (Dublin Central, Fianna Fail)
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On the civil partnership Bill, the draft heads of the Bill are in preparation in the Department. We have not got the heads yet so it will be a while before the legislation will be introduced. On the other issue dealing with my own case, I have given no consideration to it.

Bernard Durkan (Kildare North, Fine Gael)
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The Taoiseach is too modest.

Bertie Ahern (Dublin Central, Fianna Fail)
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Is Deputy Gilmore offering to help me?

Eamon Gilmore (Dún Laoghaire, Labour)
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No, but this is the whole point — it is interesting that the Taoiseach describes it as his own case. Yesterday, he told the House that this is all about parliamentary privilege and that a constitutional principle is involved.

Bertie Ahern (Dublin Central, Fianna Fail)
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It is.

Eamon Gilmore (Dún Laoghaire, Labour)
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If it is, the Ceann Comhairle pointed out to me that the Houses of the Oireachtas Commission Acts provide that the Dáil must authorise the commission if it wishes to become a notice party in legal proceedings. What I am trying to establish is whether the Government intends to bring such a motion to the House.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I am loth to intervene in matters of this nature for obvious reasons, but as the Deputy raised the matter with me and I replied to him, I should clarify the situation for him. The position is that it is a matter in the first instance for the Committee on Procedure and Privileges to decide whether it would recommend that the Houses of the Oireachtas should be joined as a party to the relevant proceedings. If the Deputy wants my view it is that the Oireachtas should be very slow to take such a course of action because clearly in all those cases the taxpayer is possibly exposed to liability for costs. As it is a matter in the first instance for CPP, it must be considered there. There is precedent for the Houses to become involved in cases relating to privilege of Members, but it is a step that should be taken very carefully and to which very deep consideration should be given prior to any move. It certainly should not be done precipitously. The CPP must deal with this matter in the first instance and if the Deputy wishes it to be raised there, he will no doubt have a representative or representatives who can do so on his behalf.

Joan Burton (Dublin West, Labour)
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Is the Taoiseach aware of various statements made by the Minister for Education and Science to the effect that she proposes to introduce VEC-based primary schools for areas such as west Dublin and Fingal where there has been a significant growth in population? She plans to establish schools after other schools in the area have full enrolments. Effectively, she plans to provide schools for children without places, nearly all of whom are international children. However, it appears she cannot do so in respect of VECs without legislation.

For the seventh year in a row, parents in the area are concerned by the desperate scramble to find primary school places. The Minister has promised extra schools, but those attending the extra last-minute schools she introduced last year, including one under the patronage of Educate Together——

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Burton knows she is out of order.

Joan Burton (Dublin West, Labour)
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——and one under the patronage of the Catholic Church——

John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Deputy have a question on legislation? We must move on.

Joan Burton (Dublin West, Labour)
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——are almost entirely international children. Nearly no Irish children go to those schools.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot allow the Deputy to raise this matter.

Joan Burton (Dublin West, Labour)
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What is the Minister playing at? Where is the legislation and framework to have schools up and running as part of the choices available to parents instead of ghettoising last-minute schools for children who cannot get places? Will legislation be introduced?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in this area and, if so, when?

Bertie Ahern (Dublin Central, Fianna Fail)
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The education patronage Bill is due during the year.

Joanna Tuffy (Dublin Mid West, Labour)
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Recently, the Minister for the Environment, Heritage and Local Government announced draft planning guidelines and promised legislation, but his proposals are weak. Will the Taoiseach consider as a stronger step designating more areas as strategic development zones, as was the case in Adamstown? For example, the Government could pick areas that fit in with the national spatial strategy outside Dublin. Strategic development zones are effective because they are clearly set out in legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot allow the matter. This is becoming a free-for-all.

Tom Hayes (Tipperary South, Fine Gael)
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On a related matter——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have it.

Lucinda Creighton (Dublin South East, Fine Gael)
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There are reports in today's newspapers on the proposed referendum Bill, which I understand is being discussed at Cabinet. It is imperative that the Government set a date for the referendum in the immediate future. It is mooting a potential date at the end of May or start of June at which time many people will have booked their summer holidays. There is an onus on the Government to ensure the maximum number of people are enfranchised to vote. It is a particularly important constitutional issue.

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is it.

Lucinda Creighton (Dublin South East, Fine Gael)
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As the Taoiseach has branded himself a constitutional crusader in the past 48 hours, he might take this issue on board.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We will leave the crusades. They are a part of history.

Bertie Ahern (Dublin Central, Fianna Fail)
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I answered that comprehensively yesterday.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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There is no date.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Deputies are talking about four months' time. We have to agree the——

Lucinda Creighton (Dublin South East, Fine Gael)
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People book their holidays four months in advance.

Bertie Ahern (Dublin Central, Fianna Fail)
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Please, let us not get into a row about nothing. We must agree the legislation between us. Hopefully, those discussions will start. We have to publish it and pass it here. We have to give the Referendum Commission time. I have said very clearly the end of May. Those for whom Deputy Creighton is concerned should not go on their holidays in the first two weeks of June.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It was revealed in recent days that 30 of the 150 children with cystic fibrosis being treated at Our Lady's Children's Hospital, Crumlin, are colonised with MRSA.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Deputy have a question?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have indeed and that is the backdrop to it, and the emphasis for why——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I stated previously that the prologues and epilogues must end.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——it is necessary to bring forward with all haste the health information Bill to ensure that patients and their relatives receive the due care to which they are entitled and are fully informed of their condition, particularly in respect of MRSA. Currently, that is not the position in many cases. What is the Taoiseach's intent in respect of the Bill and what can the Government offer in terms of these very distressed families?

Bertie Ahern (Dublin Central, Fianna Fail)
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Work is continuing on the health information Bill. I do not have a date for its introduction.

Tommy Broughan (Dublin North East, Labour)
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I have two points to make on the road safety Bill. It was reported today that the Cabinet intends to scrap the roll-out of speed cameras at 600 locations. Will that be done on cost grounds? If so, is it not short-sighted given that the cost to the country of fatalities from tragic car crashes is estimated to have been approximately €700 million last year?

John O'Donoghue (Kerry South, Ceann Comhairle)
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This is not relevant.

Tommy Broughan (Dublin North East, Labour)
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As a brief follow-on to the point raised by my colleague, Deputy Tuffy, it is deliberate that the large north fringe, north of the Taoiseach's constituency, is not a strategic development zone because certain large developers were taken care of. Householders owe mortgages of more than €400,000 and are left in houses that are not repaired. One company, Killoe Developments, refuses to talk to them, although they have only been in the houses for a couple of years.

John O'Donoghue (Kerry South, Ceann Comhairle)
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This is not relevant to the Order of Business, as the Deputy well knows.

Tommy Broughan (Dublin North East, Labour)
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Walls and roofs are cracking. I can take the Taoiseach to see this if he so wishes. I wonder what he could do about this in his role as Taoiseach. I have raised it about ten times with him.

Bertie Ahern (Dublin Central, Fianna Fail)
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The road traffic Bill is being drafted.

Joe Costello (Dublin Central, Labour)
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I wish to ask the Taoiseach about Mountjoy Prison, with which he is very familiar as it is in his constituency. The Irish Times today gave the welcome news that Dublin City Council architects have been able to defy the orders of the previous Minister for Justice, Equality and Law Reform, who sought to prohibit any member of Dublin City Council from entering the prison to assess its architectural needs.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Costello knows this is not relevant to the Order of Business.

Joe Costello (Dublin Central, Labour)
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As a result, Mountjoy Prison will be redeveloped rather than demolished.

Joan Burton (Dublin West, Labour)
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It will be a boutique hotel.

Mary Harney (Dublin Mid West, Progressive Democrats)
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One will have to pay to get in.

Joe Costello (Dublin Central, Labour)
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In this context, and with regard to promised legislation, can the Taoiseach tell us when the prison development approval (confirmation) Bill, which relates to Thornton Hall, will come before the House?

Bertie Ahern (Dublin Central, Fianna Fail)
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It will come before the House in the middle of the year.

Bernard Durkan (Kildare North, Fine Gael)
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Regarding promised legislation regulating pharmacy services, will the Taoiseach consider the expeditious introduction to the House of the relevant Bill to ensure the current impasse between the Health Service Executive, HSE, and pharmacists will not force young pharmacists out of business, thereby reducing competition and services for consumers?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That was raised on Leaders' Questions and we must move on.

Bernard Durkan (Kildare North, Fine Gael)
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I am raising this matter with regard to promised legislation and I wish to know when the Taoiseach will bring this Bill before the House.

Bertie Ahern (Dublin Central, Fianna Fail)
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We passed a Pharmacy Bill last year.

Bernard Durkan (Kildare North, Fine Gael)
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Will it not be possible to pass another?

Bertie Ahern (Dublin Central, Fianna Fail)
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We do not have a date for the other one.

Mary Harney (Dublin Mid West, Progressive Democrats)
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It will not deal with this matter so the Deputy should not worry.

Bernard Durkan (Kildare North, Fine Gael)
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Why is it on the Order Paper then?

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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In light of the current housing situation and the availability of houses, can the social housing (miscellaneous provisions) Bill be brought before the House more quickly?

The George Mitchell scholarship fund Act 1998 (amendment) Bill must be passed urgently if people are to benefit from it. George Mitchell had a proud record and he deserves recognition.

A Bill relating to the advertising of alcohol has been on the books for some time. In light of recent reports on the abuse of alcohol, especially among young people, when will this Bill be resurrected?

Bertie Ahern (Dublin Central, Fianna Fail)
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The social housing (miscellaneous provisions) Bill will come before the House in the middle of 2008. Preparation of the heads of the George Mitchell scholarship fund Act 1998 (amendment) Bill is ongoing.

The heads of the alcohol products Bill, which seeks to protect children and adolescents from over-exposure to alcohol advertising, have been approved. The Minister has received the first report from the monitoring group established to oversee adherence to the voluntary codes. The Department and the Minister are currently considering this report and the decision as to whether the legislation will be reactivated has yet to be made.

David Stanton (Cork East, Fine Gael)
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There are nine Bills on the section C list under the auspices of the Minister for Health and Children and many of them have been promised for some time. It is not possible for many of them to be published at this stage but can the Taoiseach tell us whether movement has occurred on these Bills and if any work has gone on in the Department of Health and Children? I refer to the dentists Bill, the eligibility for health and personal social services Bill, the health corporate bodies Bill, the human tissue Bill, the mental health (amendment) Bill, the nurses and midwives Bill and the public health (miscellaneous provisions) Bill. What is happening with these Bills?

Bertie Ahern (Dublin Central, Fianna Fail)
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The dental Bill will come before the House later this year and the health (long-term residential care services) Bill will be dealt with during this session. The Health and Social Care Professionals Bill was passed last year.

David Stanton (Cork East, Fine Gael)
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The eligibility for health and personal social services Bill is on the C list.

Bertie Ahern (Dublin Central, Fianna Fail)
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That is a different Bill and work has commenced on a draft and discussion document. Preparation of a regulatory impact analysis and public consultation of all proposals should be later this year.

David Stanton (Cork East, Fine Gael)
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Can the Taoiseach address my questions on the other Bills including the health corporate bodies Bill, the human tissue Bill, the mental health (amendment) Bill, the nurses and midwives Bill and the public health (miscellaneous provisions) Bill?

Bertie Ahern (Dublin Central, Fianna Fail)
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I could go through the Bills individually but work is ongoing on all of them. The nurses and midwives Bill has gone for consultation. Following advice from the Attorney General, the Health (Miscellaneous Provisions) Act 2007 was enacted as a matter of urgency to confirm the existing bodies established under the Health (Corporate Bodies) Act 1961. Consideration is now being given to the preparation of a further Bill to address health corporate bodies.

Tom Hayes (Tipperary South, Fine Gael)
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Deputy Joanna Tuffy raised a serious issue.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is, but it is out of order.

Tom Hayes (Tipperary South, Fine Gael)
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The serious matter of one-off rural houses is hidden within this issue. There is widespread concern relating to this matter and we feel it should be debated in this House.

John O'Donoghue (Kerry South, Ceann Comhairle)
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If this matter was not in order ten minutes ago, it cannot be in order now.

Tom Hayes (Tipperary South, Fine Gael)
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Not only am I worried about this matter, but so too are many Fianna Fáil backbenchers.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I am sure they are.

Tom Hayes (Tipperary South, Fine Gael)
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The Taoiseach outlined to the Fianna Fáil parliamentary party some years ago that this is one of the biggest issues facing the country. He was correct and I request a debate on the matter in this House.

Simon Coveney (Cork South Central, Fine Gael)
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The broadcasting Bill is due to be published soon but I understand there have been delays and I ask the Taoiseach to clarify when we will see it.

Bertie Ahern (Dublin Central, Fianna Fail)
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It will come before the House during this session.

Simon Coveney (Cork South Central, Fine Gael)
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The autumn list of upcoming legislation clearly stated the electricity (transfer of transmission assets) Bill was to be published in 2008, as is consistent with the programme for Government. The Government now says it is not possible to indicate when it will be published. Does this reflect a change in Government policy regarding the structural separation of the ESB and EirGrid? There is genuine concern relating to this matter and I ask the Taoiseach to clarify the situation.

The Tánaiste and Minister for Finance, Deputy Brian Cowen, made comments at a meeting of Finance Ministers in Brussels yesterday that seemed to water down the European Commission's proposals on targets for the reduction of carbon emissions before 2020. What is the Government's position on the European Commission's proposal that Ireland reduce its 2005 carbon emissions by 20% by 2020?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The last issue raised by the Deputy is not in order.

Bernard Durkan (Kildare North, Fine Gael)
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It should be in order.

Simon Coveney (Cork South Central, Fine Gael)
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The matter will require legislation.

Bertie Ahern (Dublin Central, Fianna Fail)
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The electricity (transfer of transmission assets) Bill is to provide for the transfer of ownership of electricity transmission assets from the ESB to EirGrid. Analysis and discussion is under way on all dimensions, including legal and financial aspects, to ensure optimum outcomes on foot of the transfer process for both the ESB and EirGrid.

Enda Kenny (Mayo, Fine Gael)
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I met the Taoiseach before Christmas and we discussed a number of issues relating to Dáil reform. Deputy Stanton submitted a list of proposals from our party to the Government Whip. I think that yesterday's Joint Committee on Health and Children should have been broadcast to the nation because people have a great interest in these things. My views on having a platform for broadcasting the proceedings of the Dáil, Seanad and committees are well known.

We are half way through this session so when can we expect the Minister of State at the Department of the Taoiseach, Deputy Tom Kitt, to bring forward his proposals for Dáil reform, upon which there is a measure of agreement? Dáil reform would make this place more relevant and transparent and would give the public a real indication of what is discussed here, in the Seanad and in committees, rather than mere snapshots.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Government is anxious to move on this issue, as is the Ceann Comhairle. The Minister of State is anxious to reform the committee in question. I think Deputy Kenny and I could get a lot of agreement on the issues.

Seán Barrett (Dún Laoghaire, Fine Gael)
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What is the point of the Committee on Procedure and Privileges?

Bertie Ahern (Dublin Central, Fianna Fail)
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It would be more effective to do this in the Dáil reform committee because we have to get agreement. If the issue went to the Committee on Procedure and Privileges, it would go on and on.

David Stanton (Cork East, Fine Gael)
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Did the Taoiseach propose that the committee deal with the issue?