Bernard Durkan (Kildare North, Fine Gael)
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I wish to bring to the attention of the Tánaiste an issue of which we are constantly reminded——

Brendan Howlin (Wexford, Labour)
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Please speak about promised legislation. A number of Deputies wish to speak and I want to accommodate them all.

Bernard Durkan (Kildare North, Fine Gael)
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I do not want to read out a list of Bills, with the exception of those Bills that relate to the escalating levels of crime. There is an urgent need to move one of the Bills that is promised on either the pink sheet or the white sheet, if only to give an indication that this House is conscious of the increased levels of crime and the need to do something urgent about it.

Brendan Howlin (Wexford, Labour)
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Is there a particular Bill?

Bernard Durkan (Kildare North, Fine Gael)
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One example is the criminal justice miscellaneous provisions Bill. It is on the pink sheet. I also have another example of such Bills and I implore the Taoiseach-designate to bring that forward as quickly as possible.

I am sure the Leas-Cheann Comhairle and others have received constant reminders from pharmacists all over the country with regard to——

Brendan Howlin (Wexford, Labour)
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That has already been asked.

Bernard Durkan (Kildare North, Fine Gael)
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It has not been dealt with in the context of the ongoing problem whereby people who are in need of services from pharmacies fear that the service they enjoy will be phased out.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Both Bills will be taken in this session.

Bernard Durkan (Kildare North, Fine Gael)
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I know that they will be taken in this session, but that is no longer good enough.

Brendan Howlin (Wexford, Labour)
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I ask the Deputy to give way to his party leader.

Bernard Durkan (Kildare North, Fine Gael)
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At what stage in this session will the pharmacy (No. 2) Bill come before the Houses so that we can have a debate on the issue in general?

Brendan Howlin (Wexford, Labour)
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It is promised during this session. I call Deputy Kenny.

Bernard Durkan (Kildare North, Fine Gael)
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When will it be taken during this session? We must be more precise than that.

Brendan Howlin (Wexford, Labour)
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This session is a normal answer.

Bernard Durkan (Kildare North, Fine Gael)
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This session lasts until Christmas.

Enda Kenny (Mayo, Fine Gael)
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It would be appropriate for the House to note that the funeral mass takes place this morning of a former political reporter who graced these benches for many years, Mr. Michael Mills, who was the first Ombudsman in the State. He was a person of absolute integrity. He had the highest commitment to public service and was a role model for any good journalist to follow. He did a wonderful job as the first Ombudsman and made sure that every citizen was entitled to due process of the law. He fought very hard to get the resources to ensure that the office worked properly. The House should note his passing and the quality of his public service.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I join in that message of sympathy to the Mills family. Michael Mills was a doyen of political journalism in Irish parliamentary politics for many years. He was very distinguished and went on to be the first Ombudsman, a position he discharged with a great sense of fairness and justice and with great effectiveness. He was a fellow constituency man of mine as a native of County Laois. We convey our sincere sympathy to his wife and his eight children, his many relatives and his friends. It is a sad coincidence that we buried a former President yesterday and Michael Mills will be buried this morning. They were two people who met frequently and informally in their retirement. They were close friends who shot the breeze on many occasions and I am sure many of us would like to have been a fly on the wall to listen to their conversations.

Eamon Gilmore (Dún Laoghaire, Labour)
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I join Deputy Kenny and the Tánaiste in expressing sympathy to the Mills family on the death of Michael Mills. He had a long record as a political journalist and a political commentator. His views and opinions were taken very seriously because he took politics very seriously and examined what the Dáil and political parties were doing. As a journalist, he examined policy issues in a very deep way over a long time. As has been said, he was also the first Ombudsman. He established the Office of the Ombudsman and the reputation of that office. Indeed, he had to defend that office when an attempt was made to close it down at the end of his first term.

He will be missed very much by his family and his many friends, and I add to the words of sympathy that have been expressed this morning.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I join colleagues in extending sympathy to the wife and family of the late Michael Mills. Over many years he was an important commentator on political matters on this island and beyond. In being appointed the first Ombudsman, he set a very high standard. It was a difficult task but one that he approached with a seriousness and earnestness that was reflective of the man. The Irish for ombudsman is fear an phobail and we could not have got a more decent man to take on the role as the first Fear an Phobail, which he certainly conducted with distinction. Ar dheis Dé go raibh a anam dílis.

Eamon Ryan (Dublin South, Green Party)
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On behalf of the Green Party, I offer my condolences and sympathy to the family of Michael Mills. We recognise the work he did with the fourth estate in curbing what we do in the political scene. He moved out of that estate into the Office of the Ombudsman, which is an estate that looks over all of us and checks what we do. For the honourable manner in which he carried out his duties in that office, we owe him many thanks.

Brendan Howlin (Wexford, Labour)
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I would like to be associated with the expressions that every Member feels when thinking of the Mills family now. We will proceed with the Order of Business and I call Deputy Sheehan.

Tom Sheahan (Kerry South, Fine Gael)
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Following statements made by the Tánaiste about the issue raised by my party leader earlier——

Brendan Howlin (Wexford, Labour)
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The Deputy should ask a brief question on legislation.

Tom Sheahan (Kerry South, Fine Gael)
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The responsibility for delivery of services in hospitals is with the HSE management. What happens to the management that does not deliver the service?

Brendan Howlin (Wexford, Labour)
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I must move on. I call Deputy Burton.

Tom Sheahan (Kerry South, Fine Gael)
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The Tánaiste spoke about reform of the health service. Will he confirm that part of that reform is to——

Brendan Howlin (Wexford, Labour)
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We must allow the Order of Business to proceed.

Tom Sheahan (Kerry South, Fine Gael)
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——divide the HSE into four parts, each with its own separate CEO. Is that part of the reform?

Joan Burton (Dublin West, Labour)
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Does the Tánaiste anticipate that the Government will have recourse to a supplementary budget after the Lisbon treaty, given the rapidly declining fortunes in public expenditure and revenue?

Brendan Howlin (Wexford, Labour)
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Something relevant to the Order of Business would be a help.

Joan Burton (Dublin West, Labour)
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Has he had an opportunity to look at the OECD report which states that there is a risk——

Brendan Howlin (Wexford, Labour)
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That is not relevant to the Order of Business.

Joan Burton (Dublin West, Labour)
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——on housing? Prices could fall below their long-term level.

Brendan Howlin (Wexford, Labour)
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The Deputy cannot ignore the Chair.

Joan Burton (Dublin West, Labour)
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It anticipates further falls. We have had no detailed debate on the economy in this House since the budget.

Brendan Howlin (Wexford, Labour)
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I call Deputy Ciarán Lynch.

Joan Burton (Dublin West, Labour)
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Will the Government provide time before or after the Lisbon treaty for a detailed debate on the economy in the context of the OECD report?

Brendan Howlin (Wexford, Labour)
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Is a debate on the economy promised?

Joan Burton (Dublin West, Labour)
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Does the Government plan a supplementary budget? Judging from the OECD report, one will be necessary. The same is true with regard to the health services.

Brendan Howlin (Wexford, Labour)
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The Deputy has asked her questions. The Tánaiste to reply.

Brian Cowen (Laois-Offaly, Fianna Fail)
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With regard to the OECD report, can I say——

Brendan Howlin (Wexford, Labour)
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I would rather the Tánaiste did not.

Brian Cowen (Laois-Offaly, Fianna Fail)
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May I not say, therefore, on the OECD report——

Brendan Howlin (Wexford, Labour)
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Is a debate promised?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I have no problem with the Whips considering a debate on the OECD report as that would give people the opportunity to discuss it. Both Deputy Burton and I would obviously need more time to deal with it, based on our interpretation of the report this morning. I regard it as far more positive than that.

Brendan Howlin (Wexford, Labour)
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I call Deputy Ciarán Lynch.

Joan Burton (Dublin West, Labour)
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I have a further question.

Brendan Howlin (Wexford, Labour)
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I hope it is a relevant question.

Joan Burton (Dublin West, Labour)
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The Tánaiste is aware that many Irish construction workers are being made redundant in favour of foreign workers operating on CT certificates. What is the position of the agency Bill. The Labour Party moved a Bill in Private Members' time and the response from Government was that it had its own proposals to protect the legitimate requirements of Irish workers to defend their jobs and reasonable terms and conditions of work.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand the employment agency regulation Bill is due this session.

Ciarán Lynch (Cork South Central, Labour)
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The housing miscellaneous provisions Bill was due in the House before Christmas, then before Easter, and now it is due before the summer. I am concerned in particular with the section of the Bill which allows tenants to purchase local authority flats. When will that Bill come before the House? Has a date been set in the Minister's office for it and will the Tánaiste guarantee it will come before the House before the summer recess?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand the Social Housing (Miscellaneous Provisions) Bill is due this session. However, with regard to the specific point raised by the Deputy, I will ask that the line Minister communicate with his office.

Michael D Higgins (Galway West, Labour)
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In May, an international conference will take place in Croke Park on the banning of cluster munitions, an issue we discussed last week in a Private Members' motion on the Fine Gael Party private Bill. Legislation is promised on the issue in the Government programme, but if we are to influence the conference, as we did in the case of the landmines legislation in 1996, it would be useful if the Government published heads of legislation before the conference. This would be preferable to chairing the conference and then publishing the legislation when a weak text may emerge.

It has been pointed out to me that it is not even necessary to legislate but that the Government could, by statutory instrument, extend the landmine legislation and, through that, quickly lay down a template that would lead to the best possible outcome on the banning of cluster munitions. Will the Government consider taking such a measure between now and the conference in May?

Brendan Howlin (Wexford, Labour)
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This matter was dealt with extensively in Private Members' business last week.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It was and my understanding is that the Minister suggested he would bring forward legislation later this year and, therefore, would not take up or agree with the view the Deputy has just expressed. All I can do is refer the matter to his office for further consideration. The possibility of a statutory instrument extending or expanding the existing landmines legislation as a method of trying to deal with the matter is a question I will have to ask the Minister's office to consider. I am not aware of the possibilities in that regard.

Michael D Higgins (Galway West, Labour)
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I appreciate the Tánaiste's effort to be constructive. It is in the interest of all of us to achieve the best possible outcome. The strategy I suggest is one that was adopted successfully in 1996 in the case of the landmines. I appreciate the Tánaiste is willing to consider it as a strategy for the Government. It would have the support of all.

James Bannon (Longford-Westmeath, Fine Gael)
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Considering the rise in under-age drinking, the pressure being brought to bear by teenagers for a reduction in the drinking age from 18 to 16 and a number of reports commissioned by the Government, when can we expect the sale of alcohol Bill to come before the House?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand it will come before the House late this year.

Eamon Gilmore (Dún Laoghaire, Labour)
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I take this opportunity to congratulate Senator Ciarán Cannon on his election as leader of the Progressive Democrats and to commiserate with my former constituency colleague, Senator Fiona O'Malley. It is great to see that the Progressive Democrats will still be led by somebody from Galway. I welcome that. The Constitution provides that the only Cabinet position that a Senator may not hold is the Ministry of Finance. Are there any plans to bring a motion to the House to change the membership of the Cabinet arising from the election of a new leader of the Progressive Democrats?

Brendan Howlin (Wexford, Labour)
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That is not in order. The question would be just as ineffective if the Deputy wrote to me on the matter.

Eamon Gilmore (Dún Laoghaire, Labour)
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Which Deputy does the Tánaiste suggest should write to him, is it the Minister for Health and Children, Deputy Harney, or Deputy Grealish?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am suggesting the Deputy is trying to breach a wall which will not be breached before 7 May.

Eamon Gilmore (Dún Laoghaire, Labour)
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I would not like a dangerous precedent to be set that leaders of parties would not be in Cabinet.

Michael D Higgins (Galway West, Labour)
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It is the foundations that are important.

Enda Kenny (Mayo, Fine Gael)
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They are all hanging on every word the Tánaiste speaks.

Kathleen Lynch (Cork North Central, Labour)
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I do not need to explain to the Tánaiste why the mental capacity Bill is important, but I would like to know when it will be introduced.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand it will be introduced later this year.

Joanna Tuffy (Dublin Mid West, Labour)
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Does the Tánaiste intend to suspend plans for legislation to oblige the use of bio-fuels? That legislation was promised in the programme for Government. In light of the growing evidence that bio-fuels contribute to rising food prices, famine in areas around the world and, possibly, global warming as a result of the clearing of forests, is the legislation still planned?

Brendan Howlin (Wexford, Labour)
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Is there promised legislation in that area?

Brian Cowen (Laois-Offaly, Fianna Fail)
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We have not promised legislation in the House on that.

Joanna Tuffy (Dublin Mid West, Labour)
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I wish to raise another issue on legislation. With regard to the petitions committee visiting us from the Czech Republic, the Leas-Cheann Comhairle may not be aware that, as Senators, Deputy Mary O'Rourke and I had the Standing Orders of the Seanad changed to provide for a Seanad petitions committee in the last session. Senator Donie Cassidy has not implemented that decision and I request the Tánaiste to have a word with him.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am very surprised to hear he has not——

Brendan Howlin (Wexford, Labour)
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Before the Tánaiste comments, I wish to point out it is not appropriate for this House to make a comment on the activities of Members of the other House.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I would have thought there would be the most intense co-operation between those two parties.

Billy Timmins (Wicklow, Fine Gael)
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I wish to raise two issues. The Tánaiste will be aware that elections took place in Zimbabwe on 29 March but, to date, we do not have the result. Will he inform us whether the Government has used any diplomatic channel to try to get election observers into Zimbabwe for a run-off, if one takes place?

Reports today indicate that Mr. Semple was paid money from Irish Aid, but it is not clear in what capacity he operated in Afghanistan.

Brendan Howlin (Wexford, Labour)
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That issue is more appropriate to Question Time.

Billy Timmins (Wicklow, Fine Gael)
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I would like the Tánaiste to arrange for the Minister for Foreign Affairs to come to the House some day and outline how Irish Aid funding is disbursed.

On the issue raised by Deputy Higgins, in coming to a conclusion on the procedure he would follow with respect to the legislation, the Minister stated last week that he had discussions with NGOs and that these discussions were an influential factor in making his decision. I have not been able to establish that any NGO advised him to take the route he is taking.

Brendan Howlin (Wexford, Labour)
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That is another matter that would be more appropriately put in a question to the relevant Minister.

Billy Timmins (Wicklow, Fine Gael)
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Will the Tánaiste arrange for the Minister to come in and outline what NGOs told him to take the path he has taken?

Brendan Howlin (Wexford, Labour)
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We will move on. Those questions are appropriate questions for the Minister for Foreign Affairs.