Dáil debates

Thursday, 10 April 2008

10:30 am

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 18, Twenty-eighth Amendment of the Constitution Bill 2008 — Second Stage (resumed), to adjourn at 1 p.m. if not previously concluded; and No. 1, Local Government Services (Corporate Bodies) (Confirmation of Orders) Bill 2008 [Seanad] — Second Stage.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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There are no proposals to be put to the House. I call Deputy Kenny on the Order of Business.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Ba mhaith liom comhghairdeas a dhéanamh leis an Tánaiste, an Teachta Brian Ó Comhain, ar bheith tofa mar cheannaire ar a pháirtí, Páirtí Fianna Fáil. Déanaim comhghairdeas pearsanta leis. Tá fios maith agam, mar cheannaire pháirtí, cén brú a bhíonn ar cheannaire agus a bheidh air. Glacaim go bhfuil jab le déanamh aige agus tuigeann seisean go bhfuil jab le déanamh agamsa.

D'fhéach mé ar an nuacht ar RTE aréir agus de réir an craoltóir náisiúnta is iontach an rud é go bhfuil Aire in ann Gaeilge a labhairt ar feadh níos mó ná nóiméad amháin. Cuireann sin in iúl dúinn cé chomh fada agus atá an teanga titithe, go gcreideann ár gcraoltóirí gur rud mór é seo. Cuireann an dearcadh sin iontas orm mar tá Gaeilge ag cuid eile de na hAirí agus ag Teachtaí eile ar fud an Tí.

Tá mé fíor bhuíoch don Tánaiste as ucht an rud é go labhrann sé Gaeilge. Tá sé mar chathaoirleach ar fochoiste Rialtais atá ag déanamh iniúchadh ar an teanga. Mar a dúirt mé cheana, tá sé scannalach ar fad nach bhfuil téacsleabhair as Gaeilge le fáil ag daltaí na tíre, go mórmhór na daltaí atá ag staidéar trí Ghaeilge amháin. Tá súil agam go ndéanfaidh an Tánaiste rud éigin faoi sin. Freisin, tá an Tánaiste mar chathaoirleach ar an fochoiste atá ag déanamh staidéir ar chúrsaí Gaeltachta agus limistéir na Gaeltachtaí. Tá tuarascáil ar sin istigh le fada ón Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta, an Teachta Éamon Ó Cuív, agus is mó iad na fadhbanna agus deacrachtaí atá le réiteach uaidh sin. Mar cheannaire an pháirtí agus mar chathaoirleach, go fóill, ar an fhochoiste, tá súil agam go ndíreoidh an Tánaiste isteach ar na fadhbanna sin.

Tá sé thar a bheith tábhachtach go dtabharfaidh muid chun cuimhne inniu an uair deich bliana ó shin nuair a shíníodh Comhaontú Aoine an Chéasta. Mar pholaiteoir, deirim gur chóir ár mbuíochas a ghlacadh le chuile cheannaire ó chuile pháirtí a rinne iarracht an síochán a fhorbairt. Geallaim don Tánaiste go dtabharfaidh mé chuile cabhair don Rialtas an síochán sin a fhorbairt agus staid eacnamaíochta an Tuaiscirt agus an Deiscirt a fhorbairt freisin. Tá sé i bhfad níos tábhachtaí é sin a dhéanamh ná difríochtaí polaitiúla ná pearsanta a chothú eadrainn anseo. Níl a fhios agam an mbeidh seo foilsithe as Gaeilge freisin os rud é go bhfuil an teanga mar thosaíocht ag an Tánaiste.

Bhí mé ag éisteacht leis an tOllamh Drumm an lá cheana nuair a dúirt sé go bhfuil easpa suas le €3 mhilliúin ar an HSE ag an bpointe seo. Ós rud é go bhfuil an staid eacnamaíochta níos deacra anois——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Tá a fhios ag an Teachta nach bhfuil sin in ord in aon chor. Caithfidh sé casadh——

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Tá a fhios agam go dtuigeann an Ceann Comhairle an Ghaeilge agus bhí sé ag éisteacht liom go cruinn. Sin an fáth gur luaigh sé é sin.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Bhí me ag éisteacht ceart go leor.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Is é atá i gceist agam ná go bhfuil sé leagtha amach sa chlár Rialtais go mbeidh achoimre nó tuarascáil déanta ar stádas an HSE. An bhfuil sé sin curtha ar bun? An bhfuil an obair sin ar siúl ag an bpointe seo? An mbeidh an tuarascáil tugtha isteach go dtí an Teach san am atá le teacht, i dtreo is go mbeidh díospóireacht againn?

Tá scéal mór sna páipéirí inniu faoi bean ar a dtugtar "bean A" agus an galar nó aicíd a bhí aici. Dúradh leí trí huaire nach raibh tinneas ar bith aici, ach fuair sí scéal ina dhiadh sin gur droch-chás a bhí ann. An bhfuil rud ar bith le rá ag an Aire faoin chás sin, atá sna páipéirí inniu? Níl a fhios agam cén ainm atá uirthi, ach "bean A" a tugtar uirthi sna nuachtáin. Tá deacrachtaí ar leith ann ó thaobh tuarascáil Rebecca O'Malley, a foilsíodh le déanaí, freisin.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Níl sé seo in ord in aon chor. B'fhéidir go ligfidh mé don Tánaiste freagra a thabhairt mar gheall ar an dtuarascáil.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Aontaím le cheannaire an bhFreasúra maidir le cúrsaí polaitíochta an Tuaiscirt. Tá aontas i dTeach Laighin, i gcoitinne, mar gheall ar na polasaithe atá riachtanach chun dul chun cinn a dhéanamh sa Tuaisceart ó thaobh cúrsaí eacnamaíochta, sóisialta agus polaitíochta de. Aontaím le gach rud a bhí le rá ag an Teachta Kenny faoi sin.

Maidir leis an Ghaeilge, mar a dúirt mé inné tá sé an-tábhachtach tréan-iarracht a dhéanamh chun an Ghaeilge a chur chun cinn chomh maith agus is féidir linn. Cé nach bhfuil an líofacht ag gach Ball den Teach, tá sé mar dhualgas againn an teanga a úsáid chomh minic agus is féidir. Ba cheart dúinn dea-shampla a thabhairt don phobal i gcoitinne ionas go mbeidh iontais ag daoine an méid Ghaeilge atá acu a úsáid go laethúil. Fanfaidh mé mar chathaoirleach an fo-choiste atá luaite os rud é gur ábhar tábhachtach atá i gceist. Déanfaidh mé mo dhícheall, i gcomhoibriú le mo chomhghleacaithe sa Rialtas agus gach éinne anseo, chun freagraí nua-aimsirthe a fháil a chabhróidh le daoine an Ghaeilge a úsáid níos forleithne ná mar atá séanois.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Bhí an díospóireacht sin an-suimiúil, ach tá deireadh leis anois.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Ar an gcéad dul síos, ba mhaith liom chomhghairdeas a ghabháil leis an Tánaiste. Is maith liom na ranganna atá ag Des Bishop ar an dteilifís. B'fhéidir gur cheart dúinn cuireadh a thabhairt dó teacht anseo chun ranganna a chuir ar fáil do Teachtaí ar nós mé féin.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Anois, gnó na Dála.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Tá sé in ord dom anois caint as Béarla.

Deputies:

Tá.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Tánaiste had cause for great celebration yesterday and I wish him the best for himself, his family and his party. Having occasionally jousted with him in respect of matters relating to finance, I sometimes think that Fianna Fáil is more of a religion than a political party to him. When it comes to governing the country, I hope he will pay attention to the broader public issues and realise that Fianna Fáil does not necessarily have the answer to every problem. I accept that it has the answer in respect of many matters and I know the Tánaiste is of the view that he has the answer to everything. However, those in the Labour Party have a different view.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss that matter now. Deputy Burton is well aware of that fact. We must move on.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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In light of the times that are in it——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Political philosophy is all very well but we cannot engage in a discussion on it now.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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——I thought the Ceann Comhairle might allow me to proceed.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I have already given the Deputy enough latitude.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Like the Tánaiste, the Ceann Comhairle is always charming towards women and I thought he might have granted me some leeway.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That does it.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Go raibh maith agat. With regard to the plight of people who have family members in nursing homes, has the Tánaiste come any closer to finalising the 'fair deal' Bill? Figures released earlier this week indicate that the average cost of nursing home care has risen to almost €800 per week. Under the fair deal Bill, the Government has proposals to subvent nursing homes but also intends to make arrangements to tax people's family homes, up to a figure of 15%, after the death of a person in care. We were promised that the Bill would definitely be published before last Christmas. We were then informed that it would arrive before Easter. Now it seems that it will appear some time this session.

What constitutional issues are delaying publication of the Bill? I am sure the Tánaiste is aware that families are suffering because they cannot make proper arrangements in respect of their relatives.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should confine herself to questions relating to the legislation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Nursing home proprietors and everyone else involved in this area are uncertain about what will happen.

As we are talking about a new Ireland and the need to reform, the Government has indicated on numerous occasions that the heads of the civil unions Bill would be published. We were promised that they would be forthcoming by the end of March and informed a couple of weeks ago that they were almost ready. However, we have not yet seen the heads of the Bill. Are there political difficulties regarding the production of the Bill and the principle of civil unions? I am reasonably confident that neither the Tánaiste nor the Minister for Justice, Equality and Law Reform——

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

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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——have a difficulty with this matter. However, where is the Bill? Many people who wish to register——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We are aware of all this.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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——civil unions and who are involved in gay relationships want to get on with their lives.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste may comment on the legislation. We must proceed with the Order of Business and several other Members are offering.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Will the Tánaiste indicate the current position in respect of the Bill? Has it vanished?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste may reply in respect of the two items of legislation to which the Deputy refers.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I understand that the commitment given in respect of the civil unions Bill was that the heads would be circulated to Government Members for the purpose of advancing proposals and discussing how to proceed politically. We are, therefore, in the midst of a deliberative process and we will not be in a position to bring forward the Bill until that process is complete. The Deputy will be aware that the Minister for Justice, Equality and Law Reform has honoured the commitment he gave publicly in respect of this matter. We have not reached the stage where the legislation has been drafted. However, the heads have been circulated for consideration by Government. We will proceed from there as quickly as is possible and feasible.

The nursing home Bill was raised by Deputies on a number of occasions in recent weeks. I understand, from the replies given by the Taoiseach, that there are legal issues — not constitutional problems — with the Bill which need to be resolved. The Attorney General is working on this issue as a matter of priority. With regard to my position — as I prepare to take up office when the Taoiseach resigns on 7 May — it is my intention, in the near future, to have a detailed discussion with the Attorney General on the legislative programme in order that I might obtain a clear indication as to what is happening across the various Departments. I will then be better able to indicate what is the current position. In fairness to the Minister for Health and Children, I do not wish to make a piecemeal statement — not that I possess the relevant knowledge at present — regarding the specific issue. She will be obliged to come forward with the Bill in due course. There is an undertaking that this will happen during the current session.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Ba mhaith liom mo chomhghairdeas agus chomhghairdeas Sinn Féin a ghabháil leis an Tánaiste, a thoghadh inné mar cheannaire Fianna Fáil. Dúirt an Tánaiste inné go bhfuil sé ar intinn aige gach tacaíocht a thabhairt d'fhorbairt na Gaeilge. Cuirim fáilte roimh an ráiteas sin. Molaim don Tánaiste — an Taoiseach tofa — gur chóir dó buaileadh le ceannairí na páirtithe eile sa Dáil chun machnamh a dhéanamh ar úsáid na Gaeilge san Oireachtas. Táimid go léir sásta cabhrú leis an Tánaiste maidir leis an ábhar sin.

As I said, on my behalf and on behalf of Sinn Féin, I offer sincere congratulations to the Tánaiste on his selection as leader of Fianna Fáil. I wish him the best of success in his role and responsibility in the time ahead. On a brief light note, I wonder whether the Tánaiste is aware that under Standing Orders leaders of political parties in the House have the opportunity to question the Taoiseach. He might be able to exercise that over a short period of weeks, but if he decides to waive it I will happily take up the opportunity as it has been denied to me since last year. As the two positions will coincide within a short period of time, this is the last opportunity for the Tánaiste to ask the Taoiseach questions here.

I refer to the fact that today is an important day, not only following the Tánaiste's elevation to the leadership of Fianna Fáil, but also because it is the tenth anniversary of the Good Friday Agreement. It is appropriate to say that we take the opportunity to commend all who played their parts in helping to bring about this Agreement and who have worked for the implementation of the hope and promise contained therein over the period of years since. There is clearly, to paraphrase a common quote, a lot yet to be done in that regard. While I welcome the development of the new Good Friday Agreement implementation committee here in the Houses of the Oireachtas, of which I am a member, and the opportunity it provides to MPs——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on, Deputy.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——to participate directly, I would hope that in the Tánaiste's term as Taoiseach in the time ahead he will employ increased energy in seeking to ensure the full implementation of its promise as quickly as possible. Again, as with the earlier commitment to the development and promotion of the Irish language in the Houses of the Oireachtas, he would have the support of all party leaders and the parties represented here in that regard.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I must move on.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On the issue of the Order of Business——

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

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Go raibh maith agat. We are now on the one level here.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Réamhrá fada.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The all-Ireland charter of rights, the all-Ireland parliamentary forum and the consultative civic forum are the subjects of a number of promises contained within the Good Friday Agreement. Can the Tánaiste indicate his hope and expectation for the delivery of these solid commitments within the Good Friday Agreement and whether legislation is envisaged in order to assist the delivery of these important elements within the Agreement? Does he have any particular plans at this point in time and what can we expect in terms of his role as Taoiseach in this respect over the course of the rest of this year?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in this area?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Níl aon reachtaíocht geallta maidir leis an ábhar seo.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Cad mar gheall ar focal scoir?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Sea, os rud é go raibh an Teachta gearr leis an méid a bhí le rá aige, beidh mise gearr chomh maith.

It is important to recognise the tenth anniversary of the Good Friday Agreement and I will say one thing on it. I ask that this House, and everyone involved in politics, not make the assumption that now that the institutions have been put in place, we are seeing the full implementation of the Agreement as a result. Too often the hard part of setting up the institutions, as difficult as that is, can hide the fact that there is much work to be done in order to implement the spirit of the Agreement as well as the letter. In fact, the quality of its implementation is dependent upon the spirit of the Agreement being embraced by all.

In particular, it is our role in this House, quite apart from our various responsibilities under the Agreement, to work hard to find ways of dealing with the real problem that exists in Northern Ireland, which is the divisiveness and unfortunate sectarianism which is still a part of how business proceeds. I will add quickly that the politicians are committed to the implementation of the Agreement, but it is for society in Northern Ireland generally, and indeed for us in the Republic, to reassess our views on how we can be more open and tolerant so that others may not be so defensive towards us. This is in the interests of political progress in line with the Agreement and on the basis of consent and peaceful progress. Addressing these issues in all areas of Ireland — we must not exempt ourselves from succumbing to that sort of thinking from time to time — is the best tribute we can pay to all of those who, ten years ago, had the courage of their convictions and signed up to the Agreement.

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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The Tánaiste stated a few weeks ago that the fair deal legislation was the subject of constitutional issues. The last time the Minister for Health and Children introduced legislation on nursing homes which interfered with the property rights of older people, a couple of years ago, I stated in the Seanad that it was an attack on constitutional property rights and therefore unconstitutional. The Minister said it was not. It was then referred by the President to the Supreme Court and was found to be unconstitutional. If it happens again with this legislation, where will be the credibility of the Minister for Health and Children? This is an issue that needs to be considered closely.

I also wish to raise the issue of the property services regulatory authority Bill. It is stated in the list provided by the Government that the Bill will be published this session. Can the Tánaiste give a commitment that it will be passed this session? It cannot be that difficult to establish legislation whose main purpose is to give legal standing to the National Property Services Regulatory Authority. That authority is already open and has been staffed but it cannot do the work it was set up to do because the legislation is not in place. In the meantime, people who live in buildings managed by managing agents, in the event of a dispute with the managing agent, have nowhere to go for advice——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into the deeper issue now. The Tánaiste on the legislation.

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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——or help or mediation. People are being brought to court over bills they are refusing to pay because they are not getting the services for which they are being charged.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The second Bill mentioned by the Deputy is expected to be published this session. I cannot give a commitment that it will be enacted this session because that will depend on the course of the debate in the House. I am sure many positive contributions will be made on all sides of the House and there is the possibility of amendments being accepted from any side depending on the merit of the argument. We cannot make a commitment that it will be enacted, but we are making a commitment that we will seek to publish it this session and how it proceeds at that stage is a matter for the House and its procedures.

With regard to the fair deal legislation, I do not recall saying there were constitutional problems with it. My understanding is that there are not constitutional issues but legal issues. As I said, I am basing that on what I have heard the Taoiseach say before the House. I am not acquainted with the details as yet. I will deal with this matter in the coming weeks and acquaint myself more fully with it.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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Ar an lá seo, ba mhaith liomsa freisin comhghairdeas a dhéanamh leis an Tánaiste. Tá ceist amháin le cur agam on the Order of Business. In the last Dáil I was told by the previous Tánaiste that the social housing miscellaneous provisions Bill would be introduced in this session, but when I inquired further I was told that it was in fact the next session. When will this Bill come before the Dáil? Will it enable tenants of local authorities who are living in apartments to buy out the local authority?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I did not hear the last part of the Deputy's question.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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Will the social housing miscellaneous provisions Bill enable tenants living in local authority apartments to buy their apartments?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not have the details on that, but I will ask that somebody communicate with the Deputy as to what is envisaged in that respect. The Bill itself is due this session.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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When?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is due this session.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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By "this session", does the Tánaiste mean this session or the next session?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I think it is this session.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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It was not due until October the last time. The interpretation of the last Dáil was different.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I am nearly sure I said this session.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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It is early for the Tánaiste to be getting confused.

11:00 am

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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If Deputy Durkan keeps quiet he will not be confused.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Bhí ceannaire Fhine Gael ag labhairt faoi patient A a chuir ráiteas amach inné. Patient A's samples were analysed in University College Hospital Galway. Tá dhá ceisteanna agam don Tánaiste. We have had a number of reports on cancer but two are still outstanding. One is the HIQA report on a review of pathology services in University College Hospital Galway, which may or may not be relevant to the case in the media today. In addition, there is the report from Cork University Hospital on the local pathologist.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Such reports are not relevant to the Order of Business.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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We have often been able to ask if reports can be published.

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

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Does the Tánaiste know when those two reports will be published? Can we have a debate on the issues arising from the various reports, particularly the 15 clear recommendations from the Rebecca O'Malley report, which were accepted by the Government? Can the request for such a debate be referred to the Whips?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I take it the debate will be a matter for the Whips.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Yes, a Cheann Comhairle, I think that is so.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Does the Tánaiste know when the two reports will be published?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is the difficulty.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Sin í an tslí is fearr.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Go raibh maith agat.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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I congratulate the Tánaiste on his elevation. My question concerns the health information Bill. In view of serious reports in the national media this morning about 15 people who died at Ennis General Hospital and who were affected by the superbug c.difficile, will extra infrastructural resources be provided in the hospital to restore patient confidence?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Will the necessary backup be given for families who are affected by this situation?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call the Tánaiste on the health information Bill.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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My question concerns the health information Bill.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Breen has made his point.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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A very serious situation has arisen in the hospital and confidence must be restored.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The health information Bill is not due until next year but I understand the Deputy's concerns. First of all, the situation needs to be dealt with sensitively with the families and then the HSE must see what it must do to resolve the problem.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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About a year ago, Ireland was one of the first countries to sign the United Nations Convention on the Rights of Persons with Disabilities. A number of pieces of legislation will have to be passed here before we can ratify that convention. One of them is the mental capacity Bill. Can the Tánaiste say what progress is being made on that legislation and where it currently stands? Does legislation need to be passed before we can ratify that UN convention? If the Tánaiste does not have the information to hand, perhaps he can let me have it at some stage.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Bill to which the Deputy refers will be published later this year. The Deputy might table a parliamentary question to the relevant Minister concerning the other legislative requirements, as I do not have those details here.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I tried and got nothing back, so that is why I am asking the Tánaiste.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Try, try and try again.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I know.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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I begin by congratulating the Tánaiste on his elevation yesterday. As has already been mentioned, legislation is pending on the fair deal scheme but can the Tánaiste provide some clarification on that? The Minister is referring to a transitionary period whereby we will move from the current subvention situation to the system that will be in place under the fair deal scheme.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss the details of the Bill now.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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I am not discussing the details of the Bill. My question covers that Bill and the financial situation as well. Up to recently, various HSE offices said they could not deal with enhanced subvention because the finances were not there. There now seems to be a change of direction coming both from the Minister and the HSE regional offices. Has an additional Estimate been put in place by the Department of Finance to cover that interim period for the fair deal scheme?

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

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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It is because it concerns an amendment to the Finance Bill that is going through the House.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The content of the legislation cannot be discussed now. The Deputy may ask when the legislation will be published but he cannot go into the detail of it. The Tánaiste cannot be expected to know either.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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I will rephrase the question. Can the Tánaiste indicate when the promised legislation will be implemented? Will his Department examine legislation to cover the finances during that transition period?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Let us confine ourselves to that point. When is this legislation due?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The legislation is due this session subject to resolving problems that are currently with the Attorney General, as is the normal course of events with such legislation.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Like other speakers, I extend my good wishes to the Tánaiste in his future role. We can only offer him regular and objective intervention and support, and hope that his tenure in the House will not be boring. As regards promised legislation and arising from the issue raised earlier by Deputy Charles Flanagan, last week the Tánaiste indicated he was concerned that I had raised the subject of crime on a daily basis. Is it not true to say, however, that events of the last week have proven the urgent need to deal with the issue?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into the events of last week this morning.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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No, but I am bringing things up to date since the change to summer time.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Yes, but the Standing Orders are the same.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I do not wish to delay the House by going through the whole list of promised legislation.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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He is.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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It would appear that the proposals now on the Order Paper, and those promised, are not likely to deal with the crime issues that are arising in the country. Does the Tánaiste intend to review the situation at the earliest possible date, along with whoever the Minister for Justice, Equality and Law Reform is likely to be in future, with a view to bringing forward legislation to deal with the urgent problems that are now arising?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy's question seems to concern when the next criminal justice Bill is due.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The money laundering Bill is one of them.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There are five Bills due this session. There will be ample opportunity for Deputy Durkan, who is obviously expressing genuine concern about this matter, to put his views to the House when the legislation comes before it. Whilst I accept that he regards it as a matter or urgency, respectfully, I do not think it is necessary every morning, when we let people know when Bills are coming through, continually to ask questions the answers to which do not change. Five Bills will be before the House this session and there will be ample opportunity to discuss the whole remit of criminal justice matters concerning any of that legislation. It does not add to the business of the House continually to ask the same question when we know what the answer is all the time. A phone call to the Minister would probably clarify the issue in two minutes.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I accept all that but if it appears that the answers, to date, are inadequate to deal with the situation there must come a time——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot deal with that now. The Tánaiste has answered the Deputy's question.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Minister for Justice, Equality and Law Reform is smiling but this is not a smiling matter. There will come a time when this House must respond to public concern.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I thought for a minute the Ceann Comhairle had become like a good barman who could survey a room and never see a hand raised.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Deputy would want to give him a tip.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I never miss a hand going into the pocket.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Government was formed last June and by December every Department was supposed to have agreed a strategy statement. I was appalled to find that, as of now, ten of the 15 Departments have produced no strategy statement. That is supposed to be the intent for the Dáil against which we evaluate what Ministers are doing. No strategy statements have been agreed by the Department of Education and Science, the Department of Justice, Equality and Law Reform, the Department of Transport, the Department of Health and Children, the Department of Enterprise, Trade and Employment, the Department of Agriculture, Fisheries and Food, the Department of Foreign Affairs, the Department of Communications, Energy and Natural Resources, the Department of Community, Rural and Gaeltacht and Affairs and the Department of the Taoiseach. Will the Tánaiste end this laxity by Government Ministers who do not take seriously their obligations to produce these documents, which are supposed to guide the House in respect of what is planned? Perhaps the change in resource availability because of the decline in tax expectations has caused him, as Minister for Finance, to stall strategy statements. The resources will not be there to deliver what Ministers were hoping to achieve. The House is entitled to know what is happening to strategy statements, which are supposed to be at the core of Government for the next number of years, and why they are not being produced. Can we expect this sort of indulgence by Ministers in future?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call the Tánaiste on the strategy statements.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I cannot explain whether their publication has been affected by issues concerning the Official Languages Act. From my recollection, I know that more than that have been passed and approved by the Cabinet and have been circulated. I take the point, however, that these issues need to be addressed in a timely fashion, and they will be.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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I join with other speakers in congratulating the Tánaiste on his elevation. I hope it will not affect his membership of the grand alliance racing syndicate. We would like to see him continue as a member.

When is it proposed that the House will debate the European Commission's proposals on greenhouse gas emissions? I sincerely hope it is the Government's intention to debate these proposals. Hopefully there will be all-party agreement on including forestation as part of the allowances afforded to this country in terms of our targets.

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

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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This is a very important matter and it should be debated not on a Friday, when everyone has gone home, but on a busy day in this House. This would show that we are taking this matter seriously.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I think that is a matter for the Whips.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is a matter for the Whips but I agree with the Deputy. I know how active the committee he chairs is in this area in terms of developing all-party consensus on a critical policy issue for Ireland. This debate should be held in plenary session in this House. It is important that everyone participates so that we can hear Members' views and see what progress we are making in achieving all-party consensus.