Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 10, motion re membership of committees; No. 20, Dublin Transport Authority Bill 2008 [Seanad] — Second Stage (resumed), to adjourn at 6 p.m., if not previously concluded; and No. 21, motion re proposed approval by Dáil Éireann of the development of a prison in the district electoral division of Kilsallaghan in the County of Fingal (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; No. 10 shall be decided without debate; and the proceedings on the resumed debate No. 21 shall, if not previously concluded, be brought to a conclusion at 10 p.m. The following arrangements shall apply to No. 21: the speeches of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case; the speeches of each other Member called upon shall not exceed ten minutes in each case; Members may share time; a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed ten minutes; and Standing Order 47 shall not apply to Members who have spoken previously in the debate. Private Members' business shall be No. 45, motion re increase in the number of sitting days.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There are three proposals to put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed?

Enda Kenny (Mayo, Fine Gael)
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Every other parliament in Europe is debating last Thursday's decision of the Irish people. I find it absolutely inexplicable and astonishing that an issue of this importance should not be deemed suitable for the suspension of Standing Orders and a debate be held on the important issue of the Lisbon campaign and its future. I propose that the Government sets aside Standing Orders and makes available Government time for a debate for the rest of the day, be it statements or whatever other process, on the Lisbon treaty, its future and where we are headed in our participation in the European Union, with the opportunity for Members on all sides of the House to give their views. The Taoiseach should set aside the business of the House to debate until 10 p.m. the most important and critical decision taken by the Irish people in a very long time.

Deputies:

Hear, hear.

Eamon Gilmore (Dún Laoghaire, Labour)
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I agree with Deputy Kenny that there is an air of unreality about this. Last Thursday saw one of the most significant decisions made by the country. Now we have an Order of Business in front of us and a schedule for the week that proposes to blithely carry on regardless, with no debate on that decision. This issue, as Deputy Kenny said, is being discussed in every capital in Europe. If it is not formally on the agenda of parliaments throughout Europe, it certainly is being discussed by parliamentarians. It is unreal and unbelievable that the Government has no proposal to discuss the consequences and aftermath of last week's referendum decision.

Are there plans to have a debate on the issue this week? A proposal to have a debate tomorrow would at least be welcome. The Taoiseach needs to hear the views and assessments, which may differ, of Members before he attends the European Council summit meeting later this week. Earlier, there was only an exchange of questions and answers on the referendum decision. The Taoiseach needs to hear some initial considerations on the issue and Members need to give their assessments.

With the greatest respect, the Taoiseach appears to be in denial. We have had an exchange about the economy but there is an air of denial about last Thursday's decision. The Taoiseach must hear the views of Members who have got feedback from the people before he attends the summit meeting later this week. If he will not do so this evening, I suggest he sets aside tomorrow for a debate on the post-referendum situation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On behalf of the Sinn Féin Deputies and, I expect, on behalf of the other Independent Deputies who supported the "No" view in this debate, I support the proposition to have a substantive address on the Lisbon treaty, either by statements or whatever mechanism, today or tomorrow. It is an important step, however, it must be contextualised to reflect respect and acceptance of the democratically expressed will of the Irish electorate. It cannot be a rehash of the debate or seek to lecture those who took a considered and specific stand on what the Lisbon treaty contained. We would happily participate in such a debate. I join Deputies Gilmore and Kenny in urging the Taoiseach and the Government parties to accommodate such a debate. I hope when he attends his first Council of Ministers meeting as Taoiseach that the most important information he will heed is the decision of the Irish electorate.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I assure Deputy Gilmore there is no question of being in denial about the result of the referendum. We all know what the result is. The question arose in terms of the European Council meeting, which will be held this week, coincidentally the week after the referendum. Normally there would be statements in the House after a Council meeting. If we held a debate then, we would have the benefit of the full gamut of discussion of what had developed. It would inform a debate in the House.

I am very glad to accommodate debates on the European issue and the economy during the course of this session. The House should debate those issues comprehensively. If Members want a debate on the Lisbon treaty prior to my attendance at the Council meeting I have no problem with that and it can be fitted into tomorrow's business for two or three hours. Since there will be no solutions or decisions at Thursday's Council meeting, I would have thought the normal procedures of a debate after a European Council meeting would have been more beneficial to the House.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Standing Orders make it very clear that there can only be one intervention.

Enda Kenny (Mayo, Fine Gael)
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Is the Taoiseach proposing statements and what time does he propose the House takes them tomorrow? Earlier, the Taoiseach said we are now in a process of discussion and negotiation on the EU. Obviously no decision will emerge this week or in the near future, but before the Taoiseach briefs other Heads of Government, it is important he understands that Members on all sides of the House have picked up the vibrations from around the country as to the causes of concern, anxiety and blockages in the democratic deficit, as it is called, between Ireland and Europe and between the Government and the Irish citizen. It is in the interest of both the Taoiseach and the Government to have that discussion before the Taoiseach goes to Brussels so that he is exposed to the full range of people's views from all sides of the House, including his own. Are we talking about statements tomorrow?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Under Standing Orders I must ask the question again. Is the proposal that the Dáil should sit later than 8.30 p.m. tonight, agreed to?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I can answer if the Ceann Comhairle wishes.

The Whips can discuss the formula——

John O'Donoghue (Kerry South, Ceann Comhairle)
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Strictly speaking, there can only be one intervention.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy can be assured that I am well aware of many of the issues raised. All members of my parliamentary party were out canvassing.

Emmet Stagg (Kildare North, Labour)
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They were not seen during the campaign.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am well aware there were a number of issues raised, some of which were not germane while others were. I assure the House that all members of my parliamentary party are aware of the issues. I do not have any issue with the result; the issue is where we go from here. I do not have a problem with having statements or a debate tomorrow before I go to Brussels. I would have thought it better to have a debate after the meeting of the European Council as it would be a means of having the full range of comprehensive issues available to the House. There will not be a solution on Thursday but that is not to suggest that we do not have serious business to conduct on Thursday and I intend discharging that responsibility to the best of my ability. I have no problem with a debate tomorrow and I will ask the Whips to discuss it.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I must put the question again. Is the proposal that the Dáil should sit later than 8.30 p.m. tonight, agreed to? Agreed.

Is the proposal for dealing with No. 10, motion re membership of committees, without debate, agreed to? Agreed.

Is the proposal for dealing with No. 21, motion re proposed approval by Dáil Éireann of the development of a prison in the County of Fingal, agreed to?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed.

What is proposed here is the taking of a motion on the development of a prison at the townland of Kilsallaghan in north County Dublin, at Thornton Hall. The full gamut of what is intended for that site includes not only a prison — although this is the focus of the motion — but also the transfer of the Central Mental Hospital to that same site. This is a very important matter. It is proposed to guillotine the debate on this motion tonight at 10 p.m. As it is tailored in motion format, it will not accommodate the full participation of all parties, as would be the case if it were the subject of statements. Accordingly there is a need for an extension of time. I ask that it should not be guillotined. With three sitting weeks to go to the proposed beginning of the summer recess on 3 July, as has been the pattern every year, will legislation such as motions be guillotined in a mad rush to run measures through this House? I oppose the imposition of a guillotine on this motion. I appeal to the Taoiseach and to the Chief Whip to remove the guillotine and to allow for an open-ended opportunity for the participation of all Deputies in such a discussion. I strongly urge acceptance of that request.

Charles Flanagan (Laois-Offaly, Fine Gael)
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In deference to the Taoiseach's position and to his colleague, the Government Whip, it is perhaps unprecedented that the matter be sent from here for consideration by the Joint Committee on Justice, Equality, Defence and Women's Rights, with much the same powers as would be vested in a planning authority.

There is a difficulty regarding the time, in so far as the joint committee has risen less than one hour ago, when forced to do so by the Chair because of a previous order of this House. I agree with Deputy Ó Caoláin that there is a difficulty regarding time. Could it be structured to allow for consideration by way of further questions to the Minister, as the debate at committee was incomplete, in so far as questions were raised that were not answered?

Dermot Ahern (Louth, Fianna Fail)
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That is not true.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It is true. I would ask the Minister to allow for a further hour for questions tonight on the matter. It is wholly unsatisfactory to move from committee to plenary session on such an important issue within 55 minutes and this is the difficulty. I am not casting any aspersions on the office of the Government Whip but I would ask, in the circumstances and with a view towards reaching a form of consensus in the House, that there would be a facility for questions and answers and if the debate has to resume tomorrow, then so be it.

Emmet Stagg (Kildare North, Labour)
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I wish to put it on the record of the House that the Opposition looked for additional time and we received the agreement of the Government Whip to additional time. It was also agreed that the matter and all aspects of it had to be fully discussed before a decision was made and that there was a need for a flexibility in the matter of time. The situation has now arisen where the matter was not fully discussed at committee and may well be challenged legally as a result. We are effectively looking at a planning application and deciding on a planning permission.

Brian Cowen (Laois-Offaly, Fianna Fail)
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We may be able to facilitate some questions tonight because we wish to complete this matter this evening rather than continuing tomorrow. We are already rearranging tomorrow's business in order to facilitate another request from the Deputy, subject to the Whips organising the order.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Is that additional time being offered in order to take questions?

Brian Cowen (Laois-Offaly, Fianna Fail)
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If the Dublin Transport Authority Bill were to finish quickly we would have plenty of time. I ask the Deputy to take it in good faith that we will try to facilitate some extra time. I will undertake not to subtract any time.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I seek clarification. Is the Taoiseach proposing——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I must put the question again. Is the proposal for dealing with No. 21, motion re proposed approval by Dáil Éireann of the development of a prison in the County of Fingal agreed to?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed.

Question, "That the proposal for dealing with No. 21 be agreed to", put and declared carried.

Enda Kenny (Mayo, Fine Gael)
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This is the fifth or sixth consecutive week in which I have asked for the date of publication of the health (long-term residential care services) Bill? Will this Bill come before the House before the summer recess?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Given that discussions are still ongoing, I do not think it will be taken before the summer recess. This is my honest assessment. It may well be published during July and it must first come to Government.

James Reilly (Dublin North, Fine Gael)
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On the same issue, I have asked about this repeatedly since before Christmas and the Taoiseach has finally informed us that it probably will not be before the House before the summer recess. I respect his honesty but I would equally respectfully ask him and the Minister sitting beside him, the Minister for Health and Children, to bring in some interim measure to give people relief. They have waited on tenterhooks for the past nine months for some relief. To expect them to go through the summer on a promise of it coming through in the next session is neither reasonable nor fair. I ask that some interim measure be put in place to give people in long-stay nursing homes some relief, please.

Eamon Gilmore (Dún Laoghaire, Labour)
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I am sure it has not escaped the Taoiseach's notice that same-sex marriage is now being introduced in the State of California. Where is the proposed civil unions Bill which we were to see here before the end of March?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am unable to indicate at this point when the civil partnership Bill will be introduced. This does not relate to the entitlement to same-sex marriage as it is a civil partnership Bill. It will be introduced before the summer recess.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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When will the Bill to extend funding under the George Mitchell Bill come before House? I support Deputies Kenny and Reilly on the urgency of some action to be taken for the elderly and handicapped. I know of two handicapped young people in County Cavan——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot deal with that matter now.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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——whose brother has been sent a bill——

Brian Cowen (Laois-Offaly, Fianna Fail)
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The legislation is for later this year.

Liz McManus (Wicklow, Labour)
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I want to raise two issues. The first concerns the fact that, next Monday, Rentokil will transport seven cylinders containing dangerous gas——

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

Liz McManus (Wicklow, Labour)
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——from Dublin to County Wicklow and dispose of it in conditions that are unacceptable.

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

Liz McManus (Wicklow, Labour)
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A number of pieces of legislation arise from the Government's environmental programme, but the urgency of this case requires action now. At present, no licensing is required for this private company to take this action. Will the Taoiseach ensure that the Chemicals Bill, which is being taken in the House at present, will deal with the safe transportation and disposal of chemicals?

My second question concerns an announcement last January by the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan. Today, a report was published by Sustainable Energy Ireland shows that in 16 years energy consumption has risen by 62%. That has serious implications for us for the future. Back in January, the Minister announced that he was improving the tariff scheme for offshore wind.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to raise that matter in another way.

Liz McManus (Wicklow, Labour)
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Nothing has happened since because it requires secondary legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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No.

Liz McManus (Wicklow, Labour)
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I am completely in order.

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

Liz McManus (Wicklow, Labour)
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I ask the Taoiseach to take an interest in this matter. It is clear that the Minister for Communications, Energy and Natural Resources is making announcements but not delivering on them. This requires EU permission but we do not have that, although we are now in the middle of the summer.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call the Taoiseach on the legislation.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I cannot be specific in terms of detail of the legislation but it may well be that we are awaiting EU approval. I do not know. That is sometimes the case where an EU issue is involved. I will have the matter checked out and revert to the Deputy.

Liz McManus (Wicklow, Labour)
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I thank the Taoiseach.

Brian Cowen (Laois-Offaly, Fianna Fail)
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As regards the previous matter, I do not know whether the Chemicals Bill will incorporate the problem to which the Deputy referred. That was due to be taken on Thursday, but in view of the fact that we are talking about amending the Order of Business for tomorrow——

Liz McManus (Wicklow, Labour)
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Is the Taoiseach going to blame the Opposition?

Brian Cowen (Laois-Offaly, Fianna Fail)
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——it may well be that Rentokil will reach Wicklow before that.

Liz McManus (Wicklow, Labour)
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There is absolutely nothing to stop the matter being discussed on Thursday.

Michael Creed (Cork North West, Fine Gael)
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About three weeks ago, I raised a request on the Order of Business for Government time to debate the crisis in the fishing industry. Notwithstanding the indication at the time that this matter could be agreed with the Whips, I understand the Government is not anxious to facilitate such a debate in Government time. Will the Taoiseach agree to making Government time available for statements in the House on the crisis in the fishing industry? Will he similarly agree to have statements on the health check of the Common Agricultural Policy?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is a debate promised on these matters?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not so sure it was promised. The Deputy will be aware that we are concentrating on using Government time for the purpose of getting through legislation, to which the Opposition will want to give sufficient time as well, in the remainder of the term that is available to us. It is open to Deputies to raise matters of sufficient priority in Private Members' time.

Michael Creed (Cork North West, Fine Gael)
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The Taoiseach indicated that it would be.

Brian Cowen (Laois-Offaly, Fianna Fail)
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As the Deputy knows, there have been meetings between the federation and Ministers, which were quite lengthy and comprehensive. It is an EU-wide problem that has to be dealt with next at the EU Council of Ministers' meeting. In the aftermath of that meeting, it might be better for the Deputy to consider whether Private Members' time would be a sufficient priority.

Michael Creed (Cork North West, Fine Gael)
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Before the summer recess?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Government time is being used up.

Michael Creed (Cork North West, Fine Gael)
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This House should not be sidelined on the debate on this issue.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Of course not, and there are opportunities and mechanisms available to the Deputy to ensure that he can raise the matter.

Michael Creed (Cork North West, Fine Gael)
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Will time be made available?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am just indicating that at the moment Government time is employed in trying to proceed with the legislative programme.

Michael Creed (Cork North West, Fine Gael)
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So time will not be made available.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The matter can continue to be discussed with the Whips if possible, but I cannot move away from the legislative responsibilities.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot stay with that matter all day.

James Bannon (Longford-Westmeath, Fine Gael)
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In light of the fact that the Intoxicating Liquor Bill 2008 is scheduled for debate here tomorrow, when can we expect the sale of alcohol Bill to come before the House? That important legislation is relevant to this discussion, so when will it be published?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Later this year.

Ruairi Quinn (Dublin South East, Labour)
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This afternoon, the Department of the Environment, Heritage and Local Government published the report of the re-ordering of the electoral division boundaries for the city of Dublin. Is there any intention to provide time for a debate on this report? What is the next step concerning it? I do not think primary legislation is needed to enact it.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not know if any time has been decided for this, but I do not think it has. The first thing for us to do is to study the report very carefully——

Ruairi Quinn (Dublin South East, Labour)
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It is being done.

Brian Cowen (Laois-Offaly, Fianna Fail)
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——and see what debate is required thereafter.

Joanna Tuffy (Dublin Mid West, Labour)
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Will the property services regulatory authority Bill be published before the summer recess? The Office of the National Property Services Regulatory Authority will have been open for a year this November. It will have cost approximately €600,000 for staff as well as running and rental costs, yet the authority has no powers. There is a big issue concerning apartment owners and agents in particular.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now. I call the Taoiseach on the legislation.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is hoped to publish that legislation before the end of this term.

Joe Carey (Clare, Fine Gael)
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The child care Bill is coming up fairly soon — it is No. 9 on the list of proposed legislation. I wish to ask the Taoiseach about the six crèches under the Civil Service initiative around the country. There is one in Ennis, County Clare, where 47 children are to be left on the side of the road.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss that now.

Joe Carey (Clare, Fine Gael)
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It is operated by the Department of Finance. Can adequate resources be allocated to these people?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That matter is not in order and I cannot allow it.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Does the Department of Social and Family Affairs have contingency plans in place to ensure a full level of customer service in light of the current difficulties whereby approximately 2,500 staff are not answering telephones?

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

Olwyn Enright (Laois-Offaly, Fine Gael)
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A large number of customers could not get through to the Department yesterday.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I know, but I cannot allow that question.

Olwyn Enright (Laois-Offaly, Fine Gael)
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If people cannot get answers directly, the matters will come to this House through parliamentary questions.

John O'Donoghue (Kerry South, Ceann Comhairle)
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They will have to come that way.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Thousands of them.

Fergus O'Dowd (Louth, Fine Gael)
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What is the status of the management company Bill? When will the Dáil constituency review Bill come before us? I think it has been promised before the end of this session.

Emmet Stagg (Kildare North, Labour)
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There are three of them.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is hoped to publish the electoral amendment Bill in this session. As I understand it, the only one that is promised is the property service regulatory authority Bill. I do not know if the other one has been promised. Is the Deputy talking about the management company Bill?

Fergus O'Dowd (Louth, Fine Gael)
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I am referring to the legislation to regulate management companies.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I have no dates for those Bills yet.

Emmet Stagg (Kildare North, Labour)
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Three Bills were promised but there is not a sign of them.

Bernard Durkan (Kildare North, Fine Gael)
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Is it intended to proceed with the pharmacy (No. 2) Bill? Has any progress been made concerning its publication? I also wish to inquire about the money laundering Bill, the covert surveillance Bill and the crimes Bill. What is their status? They all form part of a group of justice Bills that are very vague on the Order Paper.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call the Taoiseach on the legislation.

Bernard Durkan (Kildare North, Fine Gael)
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They have been promised repeatedly.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We know that. I call the Taoiseach.

Bernard Durkan (Kildare North, Fine Gael)
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We always like to see a promise come true.

Brian Cowen (Laois-Offaly, Fianna Fail)
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There is no date for the covert surveillance Bill. As regards the pharmacy (No. 2) Bill, the main enactment of pharmacy legislation was last year — the first in 120 years. The pharmacy (No. 2) Bill deals with other issues, which are not quite as important, although I am sure they are important in themselves. We have no date for that legislation at the moment.

Deputies:

July.

James Reilly (Dublin North, Fine Gael)
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As I have repeatedly asked, is any legislation planned to bring interim relief, given the complexities that exist around the fair deal? I would like an answer.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in that area?

Brian Cowen (Laois-Offaly, Fianna Fail)
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We need legislation. We cannot do anything without a legal basis.