Bertie Ahern (Dublin Central, Fianna Fail)
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It is proposed to take No. 6, Supplementary Estimate for Public Services [Vote 28] (back from committee); No. 7, motion re proposed approval by Dáil Éireann of the Finance Act 2004 (Section 91) (Deferred Surrender to the Central Fund) Order 2008 (back from committee); No. 8, motion re reports on cancer services; and No. 14, Criminal Justice (Mutual Assistance) Bill 2005 [Seanad] — Order for Report and Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 6 and 7 shall be decided without debate and any division demanded on No. 6 shall be taken forthwith; the proceedings on No. 8 shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. today 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 and the speeches of each other member called upon shall not exceed ten minutes in each case. Members may share time; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; and on the conclusion of questions a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.

Private Members' business shall be No. 29, motion re education — capitation grants for primary schools (resumed), to conclude at 8.30 p.m. tonight if not previously concluded.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal for dealing with Nos. 6 and 7 without debate agreed to?

Richard Bruton (Dublin North Central, Fine Gael)
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I do not object to these being taken without debate. However, I must point out to the Taoiseach that the manner of presentation of data on capital projects that have been deferred and for which money was carried over is grossly inadequate. The House is being asked to make a decision to approve these without any information about the projects involved, the reasons for the deferrals, or the impact on their implementation dates. This is unacceptable and is not in accord with proper management of public finances. In future a proper report should be furnished along with this vote so that we can have a realistic assessment of what is happening under these capital programmes. The Minister for Finance has indicated that he will be willing to change the procedure, but I wanted to draw this to the Taoiseach's attention.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy's point is made. Is the proposal for dealing with No. 8 agreed to?

Richard Bruton (Dublin North Central, Fine Gael)
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The most important element of this will be the question and answer session, but only 20 minutes is being provided for this. Yesterday, despite many questions from the leaders of both the Labour Party and Fine Gael, the Taoiseach still withheld a commitment to confidence in the management of the HSE. As a student of football, the Taoiseach is putting down a signal about the HSE which should be taken seriously. It is important that the Dáil has a greater opportunity to debate this and to question the Minister about the implications of these reports for the way in which the health service is being developed and managed.

Eamon Gilmore (Dún Laoghaire, Labour)
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I agree with Deputy Bruton in respect of the period of time being allowed for questions and answers. The main point of this discussion is for us to obtain answers on what happened in Portlaoise. While a considerable amount of time is being made available for comment on the reports and for people to express their opinions, 20 minutes is a short time for the Minister to respond to questions. It is not much more than what would normally be allowed for priority questions.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The time being provided for questions is completely inadequate. We had both the Minister and the CEO of the HSE before the Joint Committee on Health and Children last week, and yesterday we had representatives of the Irish Family Planning Association and the Irish Cancer Society along with representatives of the national cancer screening service. There are so many aspects to all of this that need to be addressed. Last week's opportunity was curtailed due to other demands on both the Minister and the CEO of the HSE. We need an opportunity to address in this Chamber the many serious questions of Deputies on all sides. I appeal to the Taoiseach and the Chief Whip to extend the time for questions to a realistic period. I do not believe an hour would be unreasonable. It would not be enough, but it would be a major improvement on what is now being provided for.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Minister and I have some time difficulties. I suggest that we end the debate at 5.15 p.m. but start questions at 4.30 p.m. This would give three quarters of an hour for questions. Is that reasonable?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What would be the impact of this in terms of the provision for speaking opportunities?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can only intervene once.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Whips can work that out. We will start question time at 4.30 p.m. and finish the debate at 5.15 p.m.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We can have only one intervention on each issue. That is in Standing Orders.

Eamon Gilmore (Dún Laoghaire, Labour)
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The current provision is for the debate to be concluded at 5.30 p.m. Is it now the case that the debate will finish at 5.15 p.m. and the Minister will then be allowed 15 minutes to wind up?

Bertie Ahern (Dublin Central, Fianna Fail)
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No, we will finish the debate completely at 5.15 p.m. as the Minister is travelling immediately afterwards. We will have question time at 4.30 p.m. and finish the debate at 5.15 p.m.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal for dealing with No. 8 agreed to? Agreed.

Richard Bruton (Dublin North Central, Fine Gael)
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The House will soon break for St. Patrick's Day and Easter and this will be the last we see of the Taoiseach. We have only passed three Bills during this session and of 17 Bills only five have been published. There is a growing sense of paralysis on the other side of the House and I do not know its cause, though many will speculate in that regard. This paralysis is manifesting itself in the activity of this Government. At the moment killings occur almost on a weekly basis, unemployment has risen to record levels of 2,000 per week, revenues have melted away by €500 million in the first two months of the year, growth prospects are down by a third and the Government appears to be unable to produce legislation.

Gridlock is a week to week occurrence so why is there still no Dublin transport authority? There is still no nursing home subvention support scheme, though it was promised to be published before Christmas and many families are awaiting a decision in this regard. Why do we still not have the employment rights legislation that was promised and was a core element of the last round of social partnership negotiations?

Why are Ministers unable to come forward to deliver promised changes? The worst example of this relates to public transport reform, which was promised by the then Minister for Public Enterprise, Deputy O'Rourke, in 2001, yet the Public Transport Regulation Bill will not even be published during this session. We need the Government to make decisions and implement commitments already made but this is not evident in this House. We are not seeing the standard of legislation that we ought to.

Bertie Ahern (Dublin Central, Fianna Fail)
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As I stated yesterday, the Dublin transportation authority Bill will come before the Cabinet on 2 April. I have pointed out on several recent occasions in this House that the Health (Long-term Residential Care Services) Bill is complex and discussions on it are ongoing. The Employment Law Compliance Bill has been approved by the Cabinet, though I am not sure of the date the Minister will launch it.

Eamon Gilmore (Dún Laoghaire, Labour)
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What are the Taoiseach's plans for taking the referendum Bill on the Lisbon reform treaty in the House? When will it be before us on Second Stage and how long does he feel it will run?

A report in the motoring supplement of The Irish Times today tells us that 14 inspectors are employed by the Road Safety Authority to inspect tachographs and road safety measures for lorries, buses, school buses and so on. We are informed that these inspectors cannot do their work because the legislation giving them authority to act has not been introduced. They are trained and available but are hanging around and cannot inspect lorries, buses and the like because the legislation has not been introduced. When will the legislation to allow the 14 road safety inspectors to do their work be introduced to the House? I understand the chairman of the Road Safety Authority, Mr. Gay Byrne, has written to the Minister for Transport, Deputy Dempsey, about this matter.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Road Traffic Bill is due this year and there have been some changes as it is to deal with a number of road safety and road traffic issues arising from the road safety strategy. New areas have been added and the Bill is for drafting, though the heads of the Bill are not yet available. What was the first Bill the Deputy mentioned?

Eamon Gilmore (Dún Laoghaire, Labour)
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The referendum Bill.

Bertie Ahern (Dublin Central, Fianna Fail)
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I understand that the Whips are trying to arrange for us to start with that Bill on the first day of the next session.

Eamon Gilmore (Dún Laoghaire, Labour)
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Regarding the road safety Bill, can the Taoiseach ask the Minister for Transport to introduce a one or two section Bill that would give inspectors the authority they need to do their jobs? Apparently these people have already been recruited and trained and are available to work but cannot inspect trucks and buses without the necessary legislation. There have been accidents involving lorries and school buses and this is a road safety issue.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot elaborate on his point.

Eamon Gilmore (Dún Laoghaire, Labour)
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It seems utterly ludicrous. The Dáil was suspended yesterday due to the Government's lack of legislation to keep it going. I request a one or two line piece of legislation to allow these people do their jobs and help save lives on the roads. I ask the Taoiseach to make a long distance call to wherever the Minister for Transport is this week asking him to introduce a two section Bill that would allow these people to get on with their jobs.

Bertie Ahern (Dublin Central, Fianna Fail)
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I will communicate with the Department in this regard today.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The response to a recent parliamentary question put to the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, exposed that another 16 schools, in addition to the Educate Together special national school in Castleknock, are currently unable to give the expert autism support such schools are expected to provide due to the failure to deliver necessary and required therapeutic services.

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

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is in order and I will show how if I am allowed to finish my question. Given the urgency of the needs facing these schools and their pupils, can the Taoiseach indicate when the eligibility for health and personal social services Bill will be brought forward? Have the heads of the Bill been agreed? In light of the crossover between the areas of education and health, will the Taoiseach recognise that it is imperative that this legislation be brought forward? This will allow everyone, including parents and children, to know their entitlements.

Bertie Ahern (Dublin Central, Fianna Fail)
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There is no date for that.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is not acceptable. Will the Taoiseach ensure a date is provided and how soon will he do so?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Taoiseach has replied. I call on Deputy Burton.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Taoiseach has not given a response but, rather, has dismissed a hugely important and serious matter. The regular excuse that no date can be provided is applied to the bulk of promised health legislation in this House.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Taoiseach has replied. I call Deputy Burton. Deputy Burton is in order and Deputy Ó Caoláin is not.

Joan Burton (Dublin West, Labour)
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I find it difficult to disturb the flow of eloquence.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy may continue it.

Joan Burton (Dublin West, Labour)
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As this is the last day the Taoiseach will be in the House before he goes on his travels, may I ask him about the financial situation relating to a number of Departments that appear to have cut as much discretionary expenditure as possible?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is something the Taoiseach can consider on his travels as he cannot answer it here.

Joan Burton (Dublin West, Labour)
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The economy is in a serious situation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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This matter cannot be raised in this way. We cannot have state of the nation addresses on the Order of Business.

Joan Burton (Dublin West, Labour)
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Is there likely to be a need for a supplementary budget in the autumn or will the Taoiseach make provision for a full debate on the economy towards the end of May, when we will know the figures from March?

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

Joan Burton (Dublin West, Labour)
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In my constituency schools that were promised extensions are now being told those extensions are no longer deemed urgent.

John O'Donoghue (Kerry South, Ceann Comhairle)
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If every Deputy spoke of his or her constituency we would be here until next year. This cannot be allowed on the Order of Business.

Joan Burton (Dublin West, Labour)
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Small community projects, costing €40,000 per year, are experiencing funding cuts, though they were officially opened less than a year and a half ago, in some cases by the Taoiseach. Can we have a debate in this House about the state of the economy?

John O'Donoghue (Kerry South, Ceann Comhairle)
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This cannot be raised on the Order of Business. The Deputy knows that is a matter for the Whips.

Joan Burton (Dublin West, Labour)
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Can we have a response from the Whips or from the Taoiseach, on behalf of the Government?

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I congratulate the Taoiseach on his conversion regarding the issue of alcohol. I was delighted to see him writing in the Irish Independent this week, joining his colleague.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy may write to the Taoiseach about that. I ask him to raise an issue on the Order of Business.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Legislation was drawn up off the record regarding the advertising of alcohol. There is also the sale of alcohol Bill and the intoxicating liquor Bill. When will this legislation be brought before the House? There is no point in talking about it but not delivering.

Deputy Bruton asked about the Health (Long-term Residential Care Services) Bill. Does the Taoiseach realise many families are in desperate circumstances and that we were promised that Bill last February, not this February?

As we will soon be taking holidays, can the Taoiseach tell us whether progress has been made on the pharmacy issue? When will the Pharmacy (No. 2) Bill come before this House?

Bertie Ahern (Dublin Central, Fianna Fail)
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The Minister for Justice, Equality and Law Reform has stated he wishes to see the intoxicating liquor Bill through the House before the summer. The sale of alcohol Bill will come later in the year and a consolidated Bill on alcohol is to be drafted. I have already answered the question on nursing homes this morning. Did the Deputy mention another Bill?

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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The pharmacy Bill.

Bertie Ahern (Dublin Central, Fianna Fail)
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I have no date for the legislation.

Charles Flanagan (Laois-Offaly, Fine Gael)
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In regard to promised legislation and, in particular, the criminal law miscellaneous provisions Bill which I understand is to be published later in the year, I put it to the Taoiseach that consideration should be given to the inclusion in that legislation of an amendment to the Criminal Justice Act 1950, which is currently forcing an elite corps of gardaí to retire at 60 years of age, which is at total variance with the fight against crime.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can raise that matter in the course of the discussion on the legislation.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It is causing considerable disquiet throughout the Garda community.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is not in order now.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I ask the Taoiseach to consider it on the basis of promised legislation, given his utterances in the Seanad and elsewhere about compulsory retirement age.

John O'Donoghue (Kerry South, Ceann Comhairle)
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When is the criminal justice Bill likely to be published?

Bertie Ahern (Dublin Central, Fianna Fail)
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It will be published this summer.

Joanna Tuffy (Dublin Mid West, Labour)
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A couple of weeks ago when asked about the legislation needed to bring in the fair deal proposal, which the Minister for Health and Children has in regard to nursing home charges, the Tánaiste said there were constitutional issues. This Bill will involve putting a charge on the family home of a deceased person if he or she had been in a nursing home. If there are constitutional issues is the Government proposing to have a referendum about this proposed legislation?

John O'Donoghue (Kerry South, Ceann Comhairle)
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I do not think a referendum is promised.

Bertie Ahern (Dublin Central, Fianna Fail)
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No, but there are complex legal issues around that Bill. It is taking time to tease those out before we publish the Bill.

Joe Carey (Clare, Fine Gael)
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When will the Teamwork report be published? Irrespective of what it says, will the Taoiseach honour the commitment he gave to the people of County Clare that the redevelopment of Ennis General Hospital will go ahead and that 24-hour accident and emergency services will remain at the hospital?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order.

Joe Carey (Clare, Fine Gael)
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I want a reply to that question.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot get a reply to that question.

Joe Carey (Clare, Fine Gael)
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I want a reply to that question because the Teamwork report will reconfigure all the hospital services throughout the State.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a discussion about hospitals on the Order of Business.

Joe Carey (Clare, Fine Gael)
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Some 23 hospitals will become eight. Health care provision is being moved away from people.

John O'Donoghue (Kerry South, Ceann Comhairle)
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For obvious reasons that is out of order. I call Deputy Broughan.

Joe Carey (Clare, Fine Gael)
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I want an answer.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot get an answer to that because it is not in order. I could not allow that because we would be here forever and every Member could insist on the same.

Tommy Broughan (Dublin North East, Labour)
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I wish to put three brief questions to the Taoiseach. The Cassells report on the final debt position at Shannon and Cork airports was given to the Minister last Friday. When will it be published and laid before the Houses of the Oireachtas? Last week I asked a question of the Tánaiste, which he did not understand. Despite the Taoiseach's great south Kerry wisdom he also did not understand it. It was in regard to theatre licensing. As the Taoiseach is aware, the Tánaiste's Department provides sanction for drink licences in theatre extensions. It has been greatly expanded to the extent that some people say it has been exploited and mal-used in recent years. In his comments about drink licensing will he include theatre licences?

I note the director of Friends of the Earth said that carbon offsetting of flights is a complete waste of time. The two Green Ministers will be gallivanting around Europe in the next week and the Taoiseach and the five senior Ministers will, I presume, be——

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is completely out of order.

Tommy Broughan (Dublin North East, Labour)
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——on long haul flights. Will we get a full list of all the carbon offset projects in regard to the 15 flights?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is completely out of order. What is the position with the intoxicating liquor legislation?

Bertie Ahern (Dublin Central, Fianna Fail)
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In regard to the intoxicating liquor legislation, theatre licences is an issue that should be looked at.

Tommy Broughan (Dublin North East, Labour)
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What about the Cassells report?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Reports do not count on the Order of Business. They count, of course, but they are not relevant now.

Joe Costello (Dublin Central, Labour)
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Arising out of the reply to Deputy Gilmore in regard to this somewhat illusive date for the referendum on the Lisbon reform treaty of 12, 13 or 14 June, will the Taoiseach engage in the negotiations before the debate starts in the next session? Given that 13 June happens to be a Friday, it may not be the best day to have it. Will he allow a comprehensive debate in the House to allow every Member who wishes to participate to do so? In regard to the terms of reference of the referendum commission, will these be laid before the House, and will there be an opportunity to debate them?

Bertie Ahern (Dublin Central, Fianna Fail)
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I agree with the Deputy on the importance of allowing as much time as possible for Members to speak. I hope we can finalise the date for the referendum shortly. I am not sure what are the terms of reference but I will check it.

Liz McManus (Wicklow, Labour)
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Will the Taoiseach indicate when the broadcasting Bill will be published?

Bertie Ahern (Dublin Central, Fianna Fail)
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It will be published in April.