Dáil debates

Thursday, 29 May 2008

10:30 am

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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It is proposed to take No.16e, motion re referral to joint committee of proposed approval by Dáil Éireann of a Council decision on the improvement of co-operation between the special intervention units of the member states of the European Union, Council framework decision on taking account of convictions in the member states of the European Union, draft Council decision on the stepping up of cross-border co-operation and Council framework decision on the protection of personal data; No. 16f, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the agreement establishing a maritime analysis and operations centre-narcotics between Ireland, the Kingdom of the Netherlands, the Kingdom of Spain, the Italian Republic, the Portuguese Republic, the French Republic and the United Kingdom of Great Britain and Northern Ireland; No.18 — statements on the prevention of cervical cancer; and No. 2, Legal Services Ombudsman Bill 2008 — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that (1) Nos. 16e and 16f shall be decided without debate; (2) the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion at 1 p.m. today and the following arrangements shall apply: the statements of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party, the Labour Party and Sinn Féin, who shall be called upon in that order, shall not exceed 15 minutes in each case, the statements 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 statement in reply which shall not exceed five minutes; and (3) the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 4 June 2008.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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There are three proposals to put before the House. Is the proposal for dealing with Nos 16e and 16f agreed?

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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It is not agreed. I do not agree that some of the decisions contained in 16e should be referred to a committee without debate, namely, the Council framework decision on the protection of personal data, the framework decision on police and judicial co-operation on criminal matters or the Council decision on the stepping up of cross-border co-operation, particularly in combating terrorism and cross-border crime.

The data protection decision is not good enough either in terms of its content or the mechanism by which the Government is attempting to rush it through. Over the past number of years, countless EU measures mandating that sensitive personal data be made available to various agencies have been pushed through the Dáil with minimal scrutiny and in the absence of sufficient data protection in this State. The Data Protection Commissioner has already acknowledged that our domestic protections are insufficient and has called on the Oireachtas to deal with that issue. A full debate on that proposal is warranted and I oppose its referral to committee without debate on that basis.

In the context of the framework decision on the protection of personal data, the fourth motion states that we should maintain and share a national DNA database. Again, I am not opposed to the setting up of a DNA database but, as legislators, we have not had a proper debate on the issue and the fundamental concepts behind it have not been teased out in the Chamber. The standards are being set for us by EU pressure and that is why the proposal should be rejected until such time as there is a proper debate in the House.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I have no objection to the referral of No. 16e to the joint committee but I ask that time be given, when the committee reports, for the issue to be discussed in the Chamber with whatever recommendations the committee makes. The issues concerned are extremely important and deal with the stepping up of cross-border co-operation, which is something we have all called for in this House on many occasions and which is, incidentally, provided for in the Lisbon treaty. I am surprised that Deputy Ó Snodaigh did not refer to the strengthening of cross-border co-operation in his remarks in the context of this treaty. The other important issue that is being dealt with is the protection of personal data. Again, the Charter of Fundamental Rights is extremely strong on the protection of personal data. In fact, the Lisbon treaty will be engaging with these issues and making them stronger, more robust and more effective.

It would be ideal if, in the run-up to the vote on the treaty, once the joint committee makes its report and recommendations, that the issues would come back to the House where we could have a decent debate on them.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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As Deputies are aware, the purpose of these motions is to strengthen Ireland's hand and that of its EU partners in the area of cross-border crime. Countries that have parliamentary reservations have been urged to deal with the issues as a matter of urgency, which the Minister for Justice, Equality and Law Reform and the Government are anxious to do.

I can agree to the suggestion of Deputy Costello that, following the debate in the committee, we can, if necessary, have a debate in the Chamber when the matter is referred back. I cannot agree to the request of Deputy Ó Snodaigh, unfortunately.

Question, "That the proposal for dealing with Nos. 16e and 16f be agreed to", put and declared carried.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal for dealing with No. 18 agreed? Agreed. Is the proposal that, on its rising today, the Dáil shall adjourn until 2.30 p.m. on Wednesday, 4 June 2008 agreed? Agreed.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I welcome the Minister for Health and Children to the Dáil and hope she will take time today to provide us with clarity on the precise Government intentions on the national development plan, in particular its educational element with regard to bringing ICT into schools. The Minister stated it was an aspiration, the Taoiseach stated it was under review and, today, the Minister for Finance stated that the Department of Education and Science has the money.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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And now you have me stating it is not in order.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Will the Minister for Health and Children make time available in the Dáil to make a statement on it? I have heard the Ceann Comhairle allow this previously from many a spokesperson other than myself.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is all right. I assure Deputy Bruton there is no bias.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I know that — I would never accuse the Ceann Comhairle of bias.

On the Government's legislative programme with regard to the Department of Justice, Equality and Law Reform, Deputy Charles Flanagan informs me the programme has 49 elements so the Department cannot be accused of lack of activity. Will the Minister for Health and Children indicate where the priorities lie in the wake of yesterday's figures which show gangland crime is getting the upper hand? Murders have increased by 28%, murder threats by 73% and drug offences by 31%. We need to see where are the priorities. Several times we were told we had a watershed. If I had a penny for every time we were told a watershed killing had occurred and that things would utterly change——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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On legislation.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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While I am on my feet, I have a final question. This week, we had meetings with consumer agencies and various representatives. Will the Government publish a list of prices in stores in the UK and in Ireland——

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

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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——so that prior to this weekend shoppers can see a proper comparison of prices and make the decisions the Minister is always telling them to make.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Bruton knows that is not in order. The Minister on the justice legislative programme and the question of a debate.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The issue of a debate on crime is a matter to be discussed with the Whips. The Government is always happy to facilitate debates on important matters.

The legislative programme has been published by the Government and I will not go through the 49 Bills to which the Deputy referred. The Department of Justice, Equality and Law Reform is a major law-making Department and we have enacted several items of legislation in recent years. It is not only about legislation, although legislation has an important part to play. It has many other aspects, including strengthening the Garda Síochána, which we have been doing.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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We appear to be losing ground.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I do not accept that.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The figures show it.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The matter of a debate should be discussed with the Whips.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise two matters. The first relates to the promised legislation on agency workers and refers to the Bill published by the Labour Party on this matter. The British Government has reached agreement with the British Trades Union Congress and with the Confederation of British Industry on a regime governing agency workers in the United Kingdom. The terms of this agreement appear to be close to the provisions contained in the Labour Party Bill placed before this House.

As a result of this agreement, the British Government is withdrawing its objection to the proposed European Union directive on temporary agency workers. This means only Ireland and Hungary continue to oppose the introduction of this directive at European Union level, which will provide protection for temporary agency workers. I understand a meeting of the employment Council will take place on 9 June. Given the agreement reached by the British Government and the withdrawal of its objection, will the Irish Government withdraw its objection to the directive so that it can proceed? It is an important directive which will provide protection and rights to temporary agency workers.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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A question must be asked on legislation.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The second matter is the report of the Morris tribunal. Previously, I asked for a debate in the House on this report. We were told the Government wanted to await the publication of the two further reports from the tribunal which the Tánaiste stated were imminent when I asked her on 8 May and which I now understand will be published in the middle of June. I am concerned that the debate in the House on the report of the Morris tribunal should take place prior to the Dáil going into recess for the summer. I seek an assurance from the Minister that time will be provided prior to the summer recess for a debate on the Morris tribunal. It is immaterial whether this debate is on the report already published or on the collection of reports when they are published.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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On the second matter, it was the Government's intention to wait to have a debate until publication of all of the reports which we expect by the middle of June. Deputy Gilmore makes a reasonable request. Even if we did not have these reports, I believe the Government would facilitate a debate prior to the summer recess.

The employment agency regulations Bill is due to be published this session. In everything the Government does, it seeks to enhance the creation and protection of employment in Ireland and this will be the approach we will adopt on this matter.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Briefly——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Jan O'Sullivan.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Minister replied that the legislation will be published this session. What is the status of the Government's objection to the European Union directive? The Governments of Ireland and Hungary are holding up this directive. The British Government has reached agreement with trade unions and industry and is withdrawing its objection. As I understand it, a meeting of the employment Council will take place on 9 June at which this matter could be progressed. It is not reasonable that European Union legislation which would provide rights to workers is being held up by this country. I want this objection withdrawn, particularly if, as the Minister stated, the Government is ready to proceed with the publication of domestic legislation. I do not see any reason to continue to block the progress of European legislation on the matter.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Hear, hear.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The difficulty is, as Deputy Gilmore well knows, that Standing Orders provide quite specifically that we deal with promised legislation on the Order of Business and not with legislation that is not promised.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It is promised.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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In any event, I ask the Minister whether this legislation is promised.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I already stated the employment regulations legislation will be published this session. Ireland must make its own decisions on these matters. We have a unique system of social partnership which is different from the social partnership model which exists in many other countries. The Deputy's question is more relevant to the line Minister than it is to me this morning.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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We have only 11 Dáil working days before the summer recess. Will the fair deal legislation be published and does the Minister still believe the Government will be able to bring it through both Houses of the Oireachtas before the summer? Families have been waiting for this and are paying large amounts of money to nursing homes. Will the Minister provide the House with a clear answer on this matter?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I cannot tell the Deputy the exact day of publication but I am optimistic it will be published shortly. We had a good meeting with the Attorney General and his team approximately three weeks ago and we finalised this complex legislation. I expect to bring the final draft of the legislation to Government shortly. Fast-tracking it through the Oireachtas might be too ambitious. This would be a matter not only for me, but for other Members also. I was asked by Deputies, including by Labour Party Deputies, not to rush it when it is published.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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If it was published on time we would not have to rush it.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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Nobody is more conscious than I am of the hardship endured by families. The purpose of the legislation is to bring greater equity and fairness to the funding of long-term care for older people and their families. However, it has proved to be extremely complex from a legal point of view.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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That is because the family home is stuck to the debt collector.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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It is not just because of that aspect.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Will the Minister undertake that the €110 million allocated to implement the legislation will be used on services for older people?

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

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Taoiseach's statement yesterday on the national development plan is adrift of the commitments he gave during the past 18 months that it would be implemented to the letter.

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

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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We are only two weeks shy of finishing the summer session. When we come back, we will have the budget preparations.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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To what legislation is the Deputy referring?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Is it possible to have a debate on the national development plan because the Minister for Finance said on radio earlier that line Ministers would be free to determine capital spending for their Departments under the plan?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is completely out of order. I assume the debate is a matter for the Whips.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Minister for Finance on RTE radio earlier said line Ministers would be free to call the capital spending commitments in the NDP by their Departments.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is out of order. She cannot discuss the issue now. If everybody behaved like that, we would be here until tomorrow morning.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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This is a disaster for the plans for the metro, Dublin North and Dublin West.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into this. I call Deputy Ciarán Lynch.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Can we have a debate on this?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is completely out of order.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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The Ceann Comhairle should give the Deputy an opportunity to speak.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is a huge change in the economic policy of this country as we head into the next budget.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The matter is out of order.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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What the Taoiseach said is consistent with the statement on page 16 of the NDP, which is that the plan and the programme for Government are predicated on prudent budgetary policy and they are in line with the EU Stability and Growth Pact. All plans, including the programme for Government and the NDP, must be predicated on that. There is no change in that.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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That will mean huge cuts.

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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The Taoiseach is a man with no power.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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I refer to two matters. When is it intended to implement the new energy rating system provisions for houses? This is covered by an EU directive on energy performance of buildings, which Ireland is required to implement. Will such a directive, when implemented, also apply to local authority housing under the legislation that will be required?

What progress has been made on the commitment in the programme for Government to ensure noise insulation levels protecting the quality of life of homeowners? This is necessary legislation. When is it expected to be introduced? Will it be made retrospective to ensure houses built prior to the introduction of the legislation are brought up to standard? Will an incentive be provided through a grant or funding to allow this to happen?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The directive is a matter for secondary legislation and I will ask the Minister for Communications, Energy and Natural Resources to communicate with the Deputy. A noise Bill will be introduced later this year, which may deal with the second issue raised by the Deputy.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Will the Minister provide time later or during the final 11 days of the session to discuss the disgraceful refusal of the Minister and others to listen to the patients, families and care providers——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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For the information of all Members, if the debate is not promised, it is not in order to ask a question.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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It might be promised if the Ceann Comhairle allows me to finish the sentence.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot use it as a pretext to make a Second Stage speech.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I am not making a Second Stage speech. If the Ceann Comhairle would like, I will do so. That is not what I intended. I would like to ask in the context of the ill-considered move of the Central Mental Hospital from Dundrum——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is completely out of order.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Is there promised legislation relating to the move——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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To what legislation is the Deputy referring?

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Does the proposed move involving the Central Mental Hospital require legislation or will it be contained——

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

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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No.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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If the Ceann Comhairle waited and allowed me to finish the sentence, it would be helpful. Will the Minister bring forward the mental health amendment Bill? Will it address the decision required for the ill-considered move of the Cental Mental Hospital to Thornton Hall and the association of mental patients with criminals in that jail?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The mental health amendment Bill will be introduced next year.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Considering the loss of 100 staff at Crumlin children's hospital and the antiquated conditions in Temple Street children's hospital, why has there been no development, good, bad or indifferent, on the new national children's hospital?

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

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Is legislation required to address the matter?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Will the Deputy specify the legislation promised? Is legislation promised?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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There will be legislation to establish the new hospital. Significant work has been done. The board is incredibly active in progressing that project and capital funding has been prioritised for it. I recently met the board, which is recruiting a CEO for the project.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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When?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The legislation will be prepared. It will not be needed until we are about to commission the hospital but we will have legislation.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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No planning has taken place.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The board cannot apply for planning permission until it knows what it is applying for.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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No tenders have been sought to even draw up a master plan.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The board was established less than a year ago.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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More than a year ago.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The development board was established less than a year ago. It is recruiting a chief executive officer for the project. The board members are involved in significant work. The board is comprised of incredibly dedicated people with enormous experience in handling major projects, together with a number of clinicians from the children's hospital and paediatricians generally. I am satisfied the board is doing everything to advance the project with a view to it being completed by 2012.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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All this work was done previously at a cost of——

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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The Minister has no money.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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We have received conflicting information on a Bill that has been around for a considerable time and with which the Minister will be familiar. Have all the necessary discussions taken place to enable the pharmacy (No. 2) Bill to be introduced in order that we can at long last have a debate on the impasse that has existed for some time?

To reduce the long list of legislative proposals from the Department of Justice, Equality and Law Reform, would it be possible to introduce the extradition Bill? The date for its likely introduction is vague. The issue needs to be addressed.

The proposal for legislation to update the regulatory framework for dentists has been around for a long time. The date for this is also vague and unless the root canals of the people are to remain untended forever, it would be great if the Minister could seize the opportunity presented to her with both hands, extract the Bill from its present location and bring it before the House.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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We enacted a Bill in the past year to regulate the pharmacy profession, which was the first to be introduced in 150 years. The second Bill to which the Deputy refers relates to technical issues and it has nothing whatsoever to do with contractual issues, which are currently the subject of a review by Sean Dorgan and his group, which is due to complete its work shortly.

I am not certain who the Deputy wishes to extradite but the draft heads of the extradition Bill are being prepared. I do not have a date for its publication.

The next health professional regulatory Bill from my Department will deal with nurses and midwives and will be published later this year. The legislation relating to dentists will follow that.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Excellent. I can think of several people to extradite.

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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The Deputy should leave the list open.

11:00 am

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Earlier this year for party political, partisan reasons, the Government refused to accept a Fine Gael Private Members' Bill on cluster munitions, promising its own initiative. Having regard to the successful negotiation of the cluster munitions convention in Croke Park this week, where stands the legislation promised? Will it be published prior to the summer recess? Why was the Fine Gael Bill rejected, other than for partisan political purposes? The Government does not wish to acknowledge Opposition Members who can produce legislation.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I share the Deputy's view about the convention agreed in Dublin. It is a major step forward and everybody involved needs to be congratulated. It is a landmark decision. The Government is preparing legislation but I cannot say precisely when we will have it. It is being prepared as a matter of urgency. The matters outlined in the Fine Gael Bill will be taken into account in that legislation.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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It will be no different.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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Only 11 days remain in this session. Will the social housing miscellaneous provisions Bill be brought before the House to give local authorities powers to deal with anti-social behaviour? Good law-abiding citizens witness drug dealing and so on taking place in their housing estates.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy has asked his question.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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No. 25, the designated land (housing development) Bill is brought by the Minister for the Environment, Heritage and Local Government under the heading of "use it or lose it" in respect of lands that have been zoned. Could section 47 of the Planning and Development Act be removed from that Act and brought in as part of the Designated Land (Housing Development) Bill?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Could the Minister comment on those two Bills?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The second Bill will appear later this year. Perhaps the Deputy will raise the specific inquiry with the line Minister, the Minister for the Environment, Heritage and Local Government. The first Bill is expected this session.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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A total of 200 jobs hang in the balance in west Waterford arising from the threatened closure of Cappoquin Chickens.

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

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The substantial reason for this threatened closure, as enunciated by the management, is Government policy in respect of imported GM feedstuffs.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I would love to oblige the Deputy but I cannot do so.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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We have a new Minister for Agriculture, Fisheries and Food. We have the closure of Grove Turkeys in his constituency.

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

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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Will there be a change in policy to return to the situation that pertained before the Green Party arrived in Government where feed could be freely imported?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot talk about policy this morning. Let us move on.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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This involves €160 million as a cost factor for the industry.

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

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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It is a real issue for real people in west Waterford.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I understand that but I cannot deal with it now.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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In respect of constitutional legislation on the Lisbon treaty, does the Government intend to meet with the farming organisations shortly to give them assurances regarding the conduct of the WTO talks?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is two down anyway. It is out of order.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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It is a very relevant——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Let us stick to legislation. Deputy Creed is out of order.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Minister wants to answer.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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It does not matter. She would be out of order if she did.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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All parties in this House agree we must significantly reduce our carbon emissions to tackle climate change. The Chairman of the Committee on Climate Change and Energy Security secured agreement from the Government that we would have a debate in this House. It is long overdue but there is still no sign of it. Could I get a guarantee from the Minister that we will have this debate before the Houses rises?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is a debate promised?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I will certainly ask the Government Chief Whip to advance that with his colleagues from the Deputy's party and Fine Gael and the line Minister.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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On the day Deputy Brian Cowen became Taoiseach, he said to this House that the status quo as it pertains to the county hospital structure could no longer be retained. I am sure the Taoiseach meant to use the term "general hospital structure". Given that there are countless thousands of people——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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What is Deputy Sherlock speaking about?

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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If the Ceann Comhairle will allow me to finish, I will come to it.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The programme is becoming a full-length feature film.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I bow to the Ceann Comhairle's superior knowledge as I am a new Deputy.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I am not suggesting that for a moment. In fact, I defer to the Deputy's knowledge of Standing Orders.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I am seeking a little bit of latitude to raise an issue which is very important for the constituents I serve.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should ask about legislation.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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The county and general hospital structure is being undermined. The Taoiseach made comments to this House that the status quo could no longer be retained. I ask that a debate be held in this House so that we can——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot do so because if the debate was not promised, as I said to Deputy Ó Snodaigh earlier and I must apply the rules fairly to everybody, we cannot ask about it under Standing Orders. There is nothing I can do about that because Standing Orders are made by the Members of the House.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I appreciate that but we are now faced with situation where the county and general hospital structure is being undermined in Roscommon, Mallow and Nenagh.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is out of order.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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We do not have a voice on this issue.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot talk about it now.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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When is it the Government's intention to ratify the Aarhus Convention and prepare necessary complying legislation? I understood that it was a deep Green commitment in the programme for Government.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The colour of the convention is not relevant.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Like the Ceann Comhairle's tie.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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It is well promised.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I do not have an answer to that. Again, it is secondary legislation. However, I will ask the Minister for the Environment, Heritage and Local Government to communicate with Deputy Higgins.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Will the Minister try to ensure this answer is produced before the summer because several summers have gone by and I have asked a similar question? It is a convention of fundamental importance to those rightly seeking and securing information on planning matters.

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

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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We are in the summer, although I accept we do not have the kind of weather we would expect for the summer all the time.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Can we blame the Government for that?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I will get the Minister for the Environment, Heritage and Local Government to contact Deputy Higgins.

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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In her capacity as Minister for Health and Children, when does the Minister expect draft legislation on the referendum to be prepared in respect of the age of consent and the protection of children, particularly in respect of eliminating the defence of mistake as to age so that children and teenagers will not have to go before the courts and defend how they looked and dressed and sexual predators will not have an easy defence for irresponsible actions?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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As the Deputy is aware, we have an all-party committee, on which her party is represented by Deputy Howlin. The Minister of State with responsibility for children, Deputy Barry Andrews, and the Minister for Justice, Equality and Law Reform are working actively to bring back, hopefully, an agreement to this House in respect of that matter.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Will No. 44, the industrial relations amendment Bill, which is promised legislation, include a provision for dealing with wildcat strikes in essential industries like transport?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I do not have a date for that at the moment.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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In respect of the Dublin Transport Authority Bill, which is currently before the Dáil, and in view of the Minister's earlier comments about the national development plan and the review which is implicit due to the shortfall in income to the State, will there be a review of all Transport 21 projects, which the Government is spending over €3 million per annum advertising? Is there is a slowdown or change in the timeline for those issues?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot deal with that on the Order of Business.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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I raised the issue of No. 92, the public transport regulation Bill, yesterday. I do not think the Minister for Transport was here at the time. The Minister for Foreign Affairs interjected yesterday during my contribution. I am seeking clarification. The Minister maintained he would be prepared to set up an inquiry for expanding rail into the north west. Was this a facetious comment? If it was genuine, is this new policy that the Government intends pursuing?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss that on the Order of Business. I told the Deputy yesterday that we cannot discuss policy. I am moving on. Sorry, my apologies, I call Deputy Naughten.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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I am not a big man but I did not think the Ceann Comhairle would ignore me like that. I wish to ask about two promised Bills. When we will see the animal health and welfare Bill which has been promised for the past five or six years? It would facilitate the Minister for Agriculture, Fisheries and Food to come in here and deal with the issue in respect of the veto regarding the WTO talks.

Will the Minister for Health and Children comment on the meeting held yesterday regarding Roscommon County Hospital?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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She cannot do that.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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When will we see the health information Bill put before the House?

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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In respect of the animal health and welfare Bill, I understand a consultation process with various stakeholders has been initiated. The health information Bill will be published next year. For the record, the meeting that took place yesterday was a regular one of the Cabinet sub-committee on health.

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