Dáil debates
Wednesday, 5 March 2008
Order of Business
11:00 am
Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 5a, Finance Bill 2008 — Financial Resolution; No. 12, Finance Bill 2008 — Order for Report and Report and Final Stages; and No. 13, Legal Practitioners (Irish Language) Bill 2007 — Order for Report and Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that No. 5a shall be decided without debate. Private Members' business shall be No. 28, motion re anti-social behaviour, resumed, to conclude at 8.30 p.m.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is one proposal to put to the House. Is the proposal for dealing with No. 5a agreed? Agreed.
Enda Kenny (Mayo, Fine Gael)
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In the context of the intoxicating liquor Bill, the Archbishop of Dublin, Dr. Diarmuid Martin, has called for a national debate on alcohol and the abuse thereof. I spoke to the Minister for Justice, Equality and Law Reform in respect of this matter and he is well aware of its implications for society. Is there any way the introduction of the Bill might be expedited, particularly because this is a matter of concern for everyone?
The petroleum exploration and extraction (safety) Bill has implications in the context of the foreshore (amendment) Bill due to the fact that claims in respect of foreshore licences may be received from exploration companies. What is the position with regard to this legislation?
Perhaps the Taoiseach might send me a report on his intervention between the Ministers for Education and Science and Health and Children in respect of the continuing failure to open a new autistic unit in the constituency of the Minister for Justice, Equality and Law Reform. The unit, which is located in a beautiful building, is properly designed and equipped but cannot be opened as a result of either a row between the two Ministers to whom I refer or an incapacity on their part to do business. The Taoiseach should tell the Ministers for Education and Science and Health and Children to get the lead out and take action.
On the Legal Practitioners (Irish Language) Bill 2007, some 11,000 leaving certificate students sought and were granted exemptions from sitting the Irish examination. As the Taoiseach is aware, Irish is a mandatory subject. Half of the 11,000 students to whom I refer took either French or German. I reiterate what I have stated previously, namely, that there is a difficulty as regards facilities, methods of teaching and the curriculum. The Minister for Education and Science does not recognise that.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Taoiseach must confine himself to answering the questions relating to the two items of legislation.
Bertie Ahern (Dublin Central, Fianna Fail)
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On the intoxicating liquor Bill, the Minister for Justice, Equality and Law Reform — I believe Deputy Kenny would agree with his actions in this regard — has decided to deal with the more urgent parts of the legislation, namely, those relating to the sale and availability of alcohol, first. The consultative process is due to conclude this month and, if co-operation is forthcoming, we hope to enact new legislation in this area before the summer recess.
The purpose of the petroleum exploration and extraction (safety) Bill is to confer statutory responsibility for the safety of petroleum exploration and production on the Commission for Energy Regulation. It will implement a key finding of the safety studies carried out in respect of the Corrib onshore pipeline. I have not yet seen the heads of the Bill. However, I am informed that the legislation is due to be taken later this year.
Eamon Gilmore (Dún Laoghaire, Labour)
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I understand two of the three reports on breast cancer services in the midlands due to be published today have been made available on the Department of Health and Children's website. Will the Taoiseach assure the House that the third report, which was compiled by Dr. Ann O'Doherty and which deals with the carrying out of mammograms in Portlaoise, will also be published today? Does he intend to make time available to debate the contents of these reports? He could arrange a debate for next week when we have had an opportunity to examine them.
When I inquired yesterday about an exchange of e-mails between the current and previous Government press secretaries——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss e-mails on the Order of Business.
Eamon Gilmore (Dún Laoghaire, Labour)
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I am raising again a question I put to the Taoiseach yesterday. The Taoiseach is usually a great master of detail. However, when I put this question to him on two occasions yesterday, he did not refer to these e-mails in either reply. The Taoiseach may have had an opportunity to check the position since yesterday. What is the position as regards this attempt to cover up the number of patients involved in the events in Cork?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Gilmore is well aware that this matter is not in order. The only question that is in order is that relating to whether there will be a debate on the various reports.
Bertie Ahern (Dublin Central, Fianna Fail)
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There is nothing to the issue to which the Deputy refers.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We are not dealing with it in any event.
Bertie Ahern (Dublin Central, Fianna Fail)
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There are actually four reports on the subject of breast cancer services in the midlands, namely, the Ann Doherty report, the John Fitzgerald report, Dr. Ann O'Doherty's report on mammography and John Bulfin's ultrasound report. The Minister for Health and Children has responsibility for two of these and both have been made available on her Department's website. There were a number of legal difficulties in respect of the other two reports. Just prior to my entering the House, I was informed that it appeared that those difficulties would be resolved. The HSE is holding a press conference, at which these reports will be issued, at 2.30 p.m.
The Minister for Health and Children will be coming before the House later to take Question Time. I understand the Joint Committee on Health and Children is meeting to discuss the reports. If there is a need to debate them in the House, we can examine the possibility of making time available at some point after the joint committee's meeting.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Gilmore's question on whether a debate will take place on the reports was only barely in order.
Eamon Gilmore (Dún Laoghaire, Labour)
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I thank the Taoiseach for informing me that the HSE is holding a press conference at 2.30 p.m. in respect of the other two reports. Will he provide an assurance that copies of the two reports to be published by the HSE will at least be made available to Opposition health spokespersons before they are released to the press?
Bertie Ahern (Dublin Central, Fianna Fail)
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I can only pass on the Deputy's message.
Bernard Durkan (Kildare North, Fine Gael)
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Has the Taoiseach decided the date on which the referendum on the Lisbon treaty will take place? I received inquiries from a number of European colleagues in respect of this matter yesterday.
There are almost 40 Bills from the Department of Justice, Equality and Law Reform on the list of proposed legislation. I am glad the Minister for Justice, Equality and Law Reform is present. He is an extremely progressive individual and he will need to be because crime rates continue to increase. With each day that passes, the issues relating to crime become more serious. Which three of the 40 Bills to which I refer will the Minister or the Taoiseach direct to be introduced in order that we might deal with issues relating to the intimidation of witnesses, extradition and the use of offshore locations by crime lords intent on continuing to carry out their business? The Minister is smiling but I do not believe this is a matter about which people should smile. This is a serious issue in respect of which urgent attention is required. Will the Taoiseach indicate what is likely to happen in this area?
Bertie Ahern (Dublin Central, Fianna Fail)
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Is the Deputy referring to the extradition Bill?
Bertie Ahern (Dublin Central, Fianna Fail)
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It will be introduced this year.
Bernard Durkan (Kildare North, Fine Gael)
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What about the other matters to which I refer?
John O'Donoghue (Kerry South, Ceann Comhairle)
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To what other matters is the Deputy referring?
Bernard Durkan (Kildare North, Fine Gael)
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I referred to three matters in respect of which legislation is required.
Bertie Ahern (Dublin Central, Fianna Fail)
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We need the titles of the Bills to which the Deputy is referring.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Durkan must indicate the legislation to which he is referring.
Bernard Durkan (Kildare North, Fine Gael)
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This is a serious issue. Will the Taoiseach indicate which three Bills are most appropriate to deal with the issues I have raised? He has referred to extradition and the other issues are the intimidation of witnesses and the use of foreign locations by criminal warlords for the continuation of their activity in this country. I can read out the list of legislation and perhaps the Taoiseach or the Minister for Justice, Equality and Law Reform might indicate which of the Bills it is proposed to introduce.
Tom KittJohn O'Donoghue (Kerry South, Ceann Comhairle)
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It is fair enough to ask which Bill is being taken but not which is appropriate.
Bernard Durkan (Kildare North, Fine Gael)
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It is fair to ask which is appropriate and taken.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot answer that. That is for Question Time. Will the Deputy please specify the Bills so we can move on?
12:00 pm
Bernard Durkan (Kildare North, Fine Gael)
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This is in order but no answer seems to be forthcoming. The first five or six Bills are the Courts (Court Funds Office) Bill, "To establish a Courts Office to replace the Accountants Office and assume other cash management and accounting functions"; the Criminal Justice (Forensic Sampling and Evidence) Bill, "To provide for the establishment of a DNA database", something that is seriously wanting; and the Criminal Justice (Miscellaneous Provisions) Bill "To provide for miscellaneous changes to the criminal law and to give effect to a number of international instruments". Surely somewhere in the bowels of the Department of Justice, Equality and Law Reform during the discussions that take place from time to time there must be somebody with sufficient inspiration and vision to be able to answer those questions.
Bertie Ahern (Dublin Central, Fianna Fail)
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All of those Bills are due this year.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The public consultation programme on the nurses and midwives Bill ended on 4 February. We are advised that the heads of the Bill have been prepared but are further heads to be prepared and when will they be published? Does the Taoiseach have a target date for the publication of this long promised and necessary health-related Bill?
Bertie Ahern (Dublin Central, Fianna Fail)
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The nurses and midwives legislation is due later this year.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the heads of the Bill be published?
Bertie Ahern (Dublin Central, Fianna Fail)
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I do not know. The Deputy needs to raise that with the Minister.
Jack Wall (Kildare South, Labour)
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Is the Taoiseach aware that 850 home helps in Kildare and west Wicklow cannot receive travel allowances because there is no computer availability within the Health Service Executive to service the claims?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order.
Jack Wall (Kildare South, Labour)
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Under legislation, item No. 56 from the Department of Health and Children, can the eligibility for health and personal social services Bill be included?
Bertie Ahern (Dublin Central, Fianna Fail)
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I do not have a date for it but it is listed as legislation. Work has commenced on drafting a discussion document in preparation for a regulatory impact analysis and public consultation for proposals but there is no date set.
James Bannon (Longford-Westmeath, Fine Gael)
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In light of the neglect of important aspects of our heritage and culture such as Feis Ceol which got under way yesterday for the 112th year——
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is no need for a preamble.
James Bannon (Longford-Westmeath, Fine Gael)
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——and brought so many of our fine musicians to the world stage, when can we expect the urgently needed heritage fund Bill? I congratulate the many participants from Westmeath who won prizes yesterday.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We would all like to join in that but we cannot do it now.
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy is very gracious.
Bertie Ahern (Dublin Central, Fianna Fail)
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I have no date for that Bill.
Lucinda Creighton (Dublin South East, Fine Gael)
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Deputy Durkan raised this point but we have not received an answer. The last time I asked the Taoiseach for a date for the referendum on the European reform treaty he tritely responded that people should not book their holidays for the last week of May or the first week in June. That is all very well for the Taoiseach and I who can benefit from holidays any time in August or September but not everybody is in that fortunate position. It is time for the Taoiseach to name a date for the referendum because people who have limited time for their summer holidays are trying to book them. I have received a series of representations——
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy may ask about the referendum Bill but not about the date for the referendum.
Lucinda Creighton (Dublin South East, Fine Gael)
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It would show some respect for the electorate if the Taoiseach would name a date.
The Taoiseach has said that certain aspects of the intoxicating liquor Bill will be brought forward before the summer, particularly sale and availability. What about the rest of the Bill? There have been nine or ten reports about alcohol abuse here in recent years, none of which has been implemented. It is time the Government took serious action in respect of this. I would like to hear from the Taoiseach when that will happen.
Bertie Ahern (Dublin Central, Fianna Fail)
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The Referendum Bill will be published tomorrow. We hope to have one intoxicating liquor Bill before the summer. There are two other Bills to come later.
Bertie Ahern (Dublin Central, Fianna Fail)
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Probably next year.
Lucinda Creighton (Dublin South East, Fine Gael)
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What about the date of the referendum?
Bernard Durkan (Kildare North, Fine Gael)
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The Taoiseach is going to keep it a secret.
Joanna Tuffy (Dublin Mid West, Labour)
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There are a couple of Bills named in the programme for Government under the heading of environmental enforcement. One is a review of the level of fines and sentences which can be applied in respect of pollution, dumping, illegal developments and other environmental crimes so that the punishment fits the crime. The second is a general review of all legislation on environmental fines. When does the Taoiseach hope to introduce that legislation?
John O'Donoghue (Kerry South, Ceann Comhairle)
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What is the name of the second Bill?
Joanna Tuffy (Dublin Mid West, Labour)
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It is a study of all legislation relating to environmental fines.
Emmet Stagg (Kildare North, Labour)
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It is a consolidation Bill.
Bertie Ahern (Dublin Central, Fianna Fail)
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I will have to check that. I do not know which Bill it is.
Ruairi Quinn (Dublin South East, Labour)
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Will the composition of the referendum commission be announced tomorrow in conjunction with the referendum Bill? Arising from the Taoiseach's replies here yesterday, has he taken steps to ensure the consolidated treaty, with all the amendments added into a readable text, as commissioned by the Government from the Institute of European Affairs, will be made generally available on the web or in printed form?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Minister for Foreign Affairs is dealing with the second matter. The names of the commission will not be announced tomorrow but the Minister has contacted the High Court to name a judge and we have to wait until we get that from the court. We are ready but we have to get a High Court judge.
David Stanton (Cork East, Fine Gael)
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This year marks the 70th anniversary of the hand-over of the treaty ports. In the context of the national monuments Bill are any ceremonies planned to mark the anniversary?
Bertie Ahern (Dublin Central, Fianna Fail)
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The Bill will be introduced next year, 2009.
John Perry (Sligo-North Leitrim, Fine Gael)
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Up to €500 million has been refunded under the health long-term residential care services legislation, but there is a lack of accountability in that payment. A constituent of mine——
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot raise that matter; he must ask about the legislation.
John Perry (Sligo-North Leitrim, Fine Gael)
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This is a big issue. There is no accountability in the legal firm dealing with the refunds for the long-term patients.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Deputy have a question on legislation?
John Perry (Sligo-North Leitrim, Fine Gael)
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Yes, I am asking about the health (long-term residential care services) Bill. There is no accountability in the legal firm dealing with the refunds. A total of €500 million of taxpayers' money has been paid out——
John O'Donoghue (Kerry South, Ceann Comhairle)
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Will the Taoiseach respond on promised legislation?
John Perry (Sligo-North Leitrim, Fine Gael)
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A constituent of mine was offered €31,000, appealed that and was given €59,000. If a Deputy requests information on behalf of a constituent no information is forthcoming.
John O'Donoghue (Kerry South, Ceann Comhairle)
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It is bad enough to have preambles and epilogues but we cannot have anecdotes as well.
John Perry (Sligo-North Leitrim, Fine Gael)
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This is a very important issue.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move along.
John Perry (Sligo-North Leitrim, Fine Gael)
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This is a big issue. A total of €500 million of taxpayers' money is being spent and there is no accountability.
Bertie Ahern (Dublin Central, Fianna Fail)
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I do not have a date for the health (long-term residential care services) Bill but the Government is considering it.