Dáil debates
Thursday, 26 June 2008
Order of Business
10:30 am
Mary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. a11, motion re membership of committees; No. b11, motion re referral to joint committee of proposed approval by Dáil Ãireann of the Planning and Development Regulations (Amendment) 2008; No. 11, motion re proposed approval by Dáil Ãireann of the Employment Equality Act 1998 (section 12) (Church of Ireland College of Education) Order 2008; No. 12, motion re proposed approval by Dáil Ãireann of the Risk Equalisation (Amendment) Scheme 2008; No. 13, motion re proposed approval by Dáil Ãireann of the Planning and Development Regulations 2008; and No. 4, Intoxicating Liquor Bill 2008 â Second Stage (resumed).
It is proposed, notwithstanding anything in Standing Order, that Nos. a11, b11 and 11 to 13, inclusive, shall be decided without debate.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is one proposal to be put to the House. Is the proposal for dealing with Nos. a11, b11 and 11 to 13, inclusive, without debate agreed to?
Richard Bruton (Dublin North Central, Fine Gael)
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Before this House agrees to co-operate with any motion being taken without debate, we need some clarity on important issues that have arisen and have been raised here day after day on the Order of Business. What is happening regarding the â¬110 million assigned for the support of elderly people in nursing homes and the â¬50 million assigned for the support of people with a disability? Last night, we heard the Taoiseach say he was aiming to protect the most vulnerable in our community, yet despite Deputies on all sides asking what is happening regarding patients in nursing homes who are facing chronic bills and whose families are stretched beyond the limit in trying to cope, there has been a deafening silence from the Government.
Equally, there are serious concerns in regard to disability services, with one of the main service providers announcing last week that it must close its doors to young people born with Down's syndrome and other disabilities and that it will be unable to offer their parents any service forthwith. Some â¬50 million was committed to the development of day care centres, respite centres and residential care centres â which, in many cases, are offering care to people whose principal carers have died â but we are now told that the Health Service Executive has issued an instruction to these agencies that they cannot accept any more clients, not even an emergency client, without the written sanction of the national director of care. We voted through this money for the purpose of assisting the most vulnerable in the community and we are entitled to know what is happening to it. Is it being raided to finance other activities for which it was not assigned? Will it be assigned for the purpose we intended and which the Taoiseach seems to support, namely, helping vulnerable people?
This is the second time in less than a fortnight that a planning regulation which proposes substantive change in legislation has been put before us with no opportunity for Second Stage debate. It is little wonder that people think the Dáil is out of touch when we have the Government putting forward proposals on important principles and expecting them to go through without debate. The Government cannot expect the co-operation of the House if, day after day, Deputies are obliged to ask what is happening in regard to clear commitments on the allocation of moneys and where decisions that ought to have been implemented are not happening.
Joan Burton (Dublin West, Labour)
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I have questions on two matters on today's Order of Business. The first, No. 13, is a proposal by the Minister for the Environment, Heritage and Local Government to provide exemptions from planning regulations for significant extensions to schools and in the case of, for example, wind turbines of 8 m in width and 20 m in height. These are not small turbines in people's back gardens but large turbines of some 60 ft. in height. The proposals also encompass combined heat and power systems, 300 sq. m in size and 8 m in height, and with flues of 20 m in height. Under this proposal, therefore, biomass, heat recovery or composting developments of some 1,000 sq. m, which is the size of a small housing estate, will be entirely exempt from planning regulations
This proposal has serious implications for local residents. Wind energy and biomass developments half of the size or even the same size as an adjacent housing estate will be totally exempt from the planning process and there will be no requirement to provide an environmental impact statement. This is not the way to provide transparency in planning matters, which I understood was a hallmark of the Green Party. We are opposed to this provision.
The second item I wish to raise is No. b11, a proposal by the Minister, Deputy Gormley, for a referral to the Joint Committee on the Environment, Heritage and Local Government of further exemptions from planning regulations. The Labour Party spokesman on the environment, Deputy Ciarán Lynch, has spent the past several days trying to find out what is encompassed in these additional exemptions, but nobody can tell him. We will not accept this proposal.
Will the Tánaiste ask the Minister to come to the House for a debate on provisions that will affect the residents of every housing estate in the State? Anybody could wake up in the morning to discover a biomass development the same size as their housing estate right alongside it. These developments will be governed by the same planning regulations as pertain to kitchen extensions, conservatories or porches. We all welcome the exemptions that exist in those cases but we do not welcome this proposal. Nor will the constituents of Members on the Government benches when they find such developments taking place beside their own housing estates.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to highlight another aspect of the Tánaiste's proposition this morning. Three of the matters to be decided upon without debate are back from committee. These are No. 11, motion re section 12 of the Employment Equality Act 1998; No. 12, motion re the Risk Equalisation (Amendment) Scheme 2008; and No. 13, motion re the Planning and Development Regulations 2008, as referred to by Deputy Burton.
The critical point is that a request is being put to us to endorse these proposals without debate and with only the simple notation "back from committee". There is no briefing note or even a short memo to tell us how these matters were addressed in committee. While committee meetings are open to all members, it is not physically possible to attend them all. I am sure this is a difficulty not confined to parties of small numbers such as Sinn Féin. Few Members will have any idea of the detail of how these matters were addressed in committee, whether they were discussed or merely noted on the nod. We do not know whether opposition was expressed to the proposals and whether divisions were called. This is bad practice.
Matters coming back from committee and before the House for approval without debate should include an appended notation from the relevant secretariat indicating exactly what happened at committee. It is too late for this raft of proposals but I hope the Tánaiste, Chief Whip and others will accept the common sense of my suggestion and that it is in all our interests to do our business properly. I strongly urge that the practice I have proposed becomes the norm into the future.
Mary Coughlan (Donegal South West, Fianna Fail)
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I will respond first to the points made about today's Order of Business. I was of the opinion that the party leaders at least would be familiar with or have been given a background note on these proposals. I am asked the same question every Thursday on these types of motions. I propose that in future, in respect of all motions coming back from committee, a short briefing be made available to all the Whips and to those who wish to be familiarised with the proposals. Such an approach would provide clarity.
Mary Coughlan (Donegal South West, Fianna Fail)
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Committee meetings sometimes finish late but we will ask that each clerk make a note available to all the relevant parties. That will address the issue.
Deputy Burton asked specifically about the motion being referred to committee, No. b11. This refers to the fact that there is duplication of consent procedures. Where, for example, permissions are given under ecological perspectives, comprehensive assessments have been made and it has been concluded that there is a duplication issue. This will be discussed in committee and, if needs be, following on from committeeââ
Joan Burton (Dublin West, Labour)
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With respect, and the Tánaiste is being very helpfulââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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Under Standing Orders, there can be no further intervention on this issue.
Joan Burton (Dublin West, Labour)
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Will the Tánaiste outline the technical issues involved?
Mary Coughlan (Donegal South West, Fianna Fail)
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I am not familiar with them.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Burton may not intervene again.
11:00 am
Mary Coughlan (Donegal South West, Fianna Fail)
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I wish to be helpful. I will ask the Minister for the Environment, Heritage and Local Government or somebody in his Department to brief the Deputy on this prior to the committee meeting, which I assume will be next week. If Members are not satisfied with the outcome of the discussions in committee, this can be brought to the Whips' attention and we can deal with it in the full forum of this Chamber.
Deputy Bruton raised a matter which is not necessarily relevant to the Order of Business, but I will address it so that we can progress the business of the House. The issue of nursing homes subvention funding has been raised on numerous occasions. Unfortunately, the fair deal legislation has been subject to unavoidable and unforeseen delays. We expect the legislation in July. That being said, an allocation has been made available through the fair deal. The Minister for Health and Children has carefully considered the question of allowing some of the funding allocated for the fair deal to be used for nursing homes subvention. Officials from her Department are in discussions with the Minister for Finance and we would hope to have a decision fairly quickly. We are addressing the issues of concern that we all have in regard to the fair deal.
Richard Bruton (Dublin North Central, Fine Gael)
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What about disability?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Can I ask againââ
Mary Coughlan (Donegal South West, Fianna Fail)
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It would be appropriate that if needs be the Minister for Health and Children can give the Deputy a note on that issue when the matter has been finalised in discussions.
Richard Bruton (Dublin North Central, Fine Gael)
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I raised it on the Adjournment and I got no response.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a discussion on that matter now.
Joan Burton (Dublin West, Labour)
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The Tánaiste did not address item No. 13.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal agreed to?
The Dail Divided:
For the motion: 54 (Dermot Ahern, Barry Andrews, Chris Andrews, Bobby Aylward, Joe Behan, Niall Blaney, Cyprian Brady, Johnny Brady, John Browne, Pat Carey, Niall Collins, Margaret Conlon, Seán Connick, Mary Coughlan, John Cregan, Martin Cullen, John Curran, Jimmy Devins, Michael Fitzpatrick, Beverley Flynn, Pat Gallagher, Paul Gogarty, Noel Grealish, Mary Hanafin, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Brendan Kenneally, Michael Kennedy, Séamus Kirk, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Martin Mansergh, Micheál Martin, Tom McEllistrim, Michael McGrath, John McGuinness, John Moloney, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, Willie O'Dea, Noel O'Flynn, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Peter Power, Dick Roche, Eamon Scanlon, Brendan Smith, Mary Wallace, Mary White)
Against the motion: 42 (James Bannon, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Simon Coveney, Michael Creed, Lucinda Creighton, Michael D'Arcy, Jimmy Deenihan, Andrew Doyle, Damien English, Charles Flanagan, Terence Flanagan, Brian Hayes, Tom Hayes, Michael D Higgins, Phil Hogan, Paul Kehoe, Ciarán Lynch, Kathleen Lynch, Dinny McGinley, Joe McHugh, Liz McManus, Olivia Mitchell, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Michael Ring, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Mary Upton)
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg
Question declared carried.
Richard Bruton (Dublin North Central, Fine Gael)
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I wish to raise two issues on the Order of Business. Yesterday we saw figures that show once again that the Government's commitment to end hospital waiting lists in two years, by 2004, has not been delivered.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now.
Richard Bruton (Dublin North Central, Fine Gael)
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I wish to inquire of the Tánaiste about the Minister for Health and Children's indication that there may be legislation in the offing on the issue. We have had no progress on the matter and we have not seen the Minister for months, and now we are told that hospitals are to blame. What is the nature of the legislation and will we see it before this session is over?
John O'Donoghue (Kerry South, Ceann Comhairle)
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What is the second issue?
Richard Bruton (Dublin North Central, Fine Gael)
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The second issue relates to the Tánaiste's own brief. I am sorry, a Cheann Comhairle but it is quite difficult to be heard.
John O'Donoghue (Kerry South, Ceann Comhairle)
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It is. We cannot have talking in the lobbies during the Order of Business.
Richard Bruton (Dublin North Central, Fine Gael)
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Especially when you are trying to say I am out of order.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I tell everybody else but they do not listen. They do not have to go home but they cannot stay here.
Richard Bruton (Dublin North Central, Fine Gael)
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I am sure the Tánaiste will have read the wholesale price index this week that shows our exporters have taken a 23% hit in the prices they are getting for their exports.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order either.
Richard Bruton (Dublin North Central, Fine Gael)
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Wait for it, a Cheann Comhairle.
Richard Bruton (Dublin North Central, Fine Gael)
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We also know that is not happening in shops where people are being ripped off. Shoppers here are paying 30% more than shoppers in the North. What are the Tánaiste's plans for a national competitiveness action plan, as has been requested by the National Competitiveness Council?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Bruton knows action plans are not in order now.
Richard Bruton (Dublin North Central, Fine Gael)
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Can I ask further what is the status of particular legislation envisaged under that plan? For example, what is the status of the Bill to introduce competition in public transport? The Dublin Transport Authority Bill is before the House but we have no public transport regulation to free upââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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On the legislation, Tánaiste.
Richard Bruton (Dublin North Central, Fine Gael)
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Can I ask also what is the status of the Electricity (Transfer of Transmission Assets) Bill that is on the Dáil Order Paper? Are we now seeing a U-turn by the Minister for Communications, Energy and Natural Resources on the separation of transmission within the electricity system, which again is legislation designed to improve the competitiveness of structures for people competing abroad? Is there an action plan to fast-track those legislative elements that would help to make up a competitiveness action plan? What is the Tánaiste's strategy to fast-track them?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste to reply on the three legislative proposals.
Mary Coughlan (Donegal South West, Fianna Fail)
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I am not aware of proposed legislation on the health issue. I think the Deputy is referring to the announcements on the National Treatment Purchase Fund and the fact that a number of hospitals are not participating in it, which is disappointing.
I do not propose to introduce any new legislation on competitiveness re prices, as it is not a competitiveness issue. Nothing has occurred that has been anti-competitive, however, there are grave concerns about the non-transfer of the benefits from sterling to euro.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste should stick to the legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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I am working tirelessly to pursue those issues on behalf of the consumer.
John O'Donoghue (Kerry South, Ceann Comhairle)
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On the Electricity (Transfer of Transmission Assets) Bill.
Mary Coughlan (Donegal South West, Fianna Fail)
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As of yet, we are not in a position to say on what date the Electricity (Transfer of Transmission Assets) Bill will be before the House.
Richard Bruton (Dublin North Central, Fine Gael)
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What about the Bill to introduce competition in public transport?
Mary Coughlan (Donegal South West, Fianna Fail)
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The Bill will come to the House later this year.
Richard Bruton (Dublin North Central, Fine Gael)
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It is all mañana. Competitiveness is a challenge we need to address now, not some time in the far distant future.
Billy Kelleher (Cork North Central, Fianna Fail)
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Nirvana or mañana.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Burton.
Joan Burton (Dublin West, Labour)
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I wish to ask the Tánaiste about reports in the Irish Examiner on the serious situation regarding toxic refuse at Haulbowline.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not relevant at all now.
Joan Burton (Dublin West, Labour)
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Just bear with me, a Cheann Comhairle. Chromium 6, the most dangerous of compounds, has been found to be present and is in dust at the site.
John O'Donoghue (Kerry South, Ceann Comhairle)
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To what legislation does the Deputy refer?
Joan Burton (Dublin West, Labour)
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Why were the contractors on the site seemingly ordered to stop? Will the Minister for the Environment, Heritage and Local Government make a statement to the House?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I have to insist that the Deputy raises the matter in another way.
Joan Burton (Dublin West, Labour)
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I understand the Minister is in Cork today. Will he come back and make a statement to the House?
John O'Donoghue (Kerry South, Ceann Comhairle)
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There are several ways of raising the matter.
Joan Burton (Dublin West, Labour)
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I am sorry, a Cheann Comhairle. We want to know if people in Cork and Cobh are safe and if Naval Service personnel are safe.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I have to enforce the Standing Orders.
Billy Kelleher (Cork North Central, Fianna Fail)
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It is carcinogenic.
Joan Burton (Dublin West, Labour)
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Chromium 6 is the second most toxic, carcinogenic, cancerous substance in the world.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will need to raise the matter in another way and on another day.
Joan Burton (Dublin West, Labour)
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It is on the front page of one of our newspapers. If the Dáil is to have any relevance, it needs to discuss what the Government is doing to protect our people and preserve our safety.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can table a parliamentary question or seek to have it discussed on the Adjournment. However, she cannot raise it on the Order of Business. I am moving on unless the Deputy has something else to raise.
Joan Burton (Dublin West, Labour)
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Will the Government arrange a debate on the matter and will the Minister for the Environment, Heritage and Local Government come into the House?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is completely out of order.
Joan Burton (Dublin West, Labour)
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The Minister is looking after Green Party business when he should be looking after the health of the people in Cobh.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I must ask the Deputy to resume her seat.
Joan Burton (Dublin West, Labour)
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Will the Government make provision for a debate on this matter?
John O'Donoghue (Kerry South, Ceann Comhairle)
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When the Chair is standing, the Member must resume her seat. She is completely out of order and I cannot allow it.
Joan Burton (Dublin West, Labour)
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I am not out of order regarding the health of the people in Cork and toxic dumping.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I must make the call as to whether she is out of order.
John O'Donoghue (Kerry South, Ceann Comhairle)
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She is out of order and I am afraid I may need to ask her to leave.
Joan Burton (Dublin West, Labour)
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I am asking that the Minister come to the House for a debate.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy may ask about a debate if one is promised. Is a debate promised on this issue?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Hogan.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is it on legislation?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am required to enforce Standing Orders. I have no choice.
Joan Burton (Dublin West, Labour)
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Do not be in such bad humour, a Cheann Comhairle.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am not in bad humour at all.
Joan Burton (Dublin West, Labour)
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I am being really nice to you.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I came in in great form.
Joan Burton (Dublin West, Labour)
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Good. Some people looking in might believe we did not get on at all. In fact, we do.
John O'Donoghue (Kerry South, Ceann Comhairle)
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They have heard our secrets.
Joan Burton (Dublin West, Labour)
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For the second year in a row, the report of the Standards in Public Office Commission regarding the disclosure of donations to political parties has made clear recommendations. We do not know what contributions political parties are receiving.
John O'Donoghue (Kerry South, Ceann Comhairle)
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What is the legislation?
Joan Burton (Dublin West, Labour)
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We do not know the spend before election.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can table a parliamentary question to the line Minister.
Joan Burton (Dublin West, Labour)
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The members of the Government, including the Green Party members, have made statements that there would be legislationââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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I would suggest tabling a parliamentary question to the Minister for the Environment, Heritage and Local Government.
Joan Burton (Dublin West, Labour)
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ââto bring more ethical transparency and standards to this area.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in this area?
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Arising from the decision of the people to reject the Lisbon treaty, will 12 or 13 seats be contested in the 2009 European Parliament elections? Will those elections be contested under the Lisbon rules or the Nice rules?
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is another way of raising that matter, as the Deputy knows well.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The legislation for Dáil and European electoral boundaries was just passed by the Oireachtas.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Yes, but it is not promised.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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A new situation now arises.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We are ex post facto now. We cannot do that.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Will the Tánaiste indicate whether we will use the Lisbon rules or the Nice rules for the European Parliament elections? Many people would have an interest in that matter.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that.
Richard Bruton (Dublin North Central, Fine Gael)
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New legislation is required.
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Regardless of whether it is promised, new legislation is required.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in this area?
Mary Coughlan (Donegal South West, Fianna Fail)
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Not that I am aware of.
Tom Sheahan (Kerry South, Fine Gael)
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On several occasions I have tried to raise the issue of the Planning and Development Act. I believe section 47 is both illegal and unconstitutional.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will need to raise that matter in another way.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can try to have the matter discussed on the Adjournment or he could table a parliamentary question.
Tom Sheahan (Kerry South, Fine Gael)
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Section 47 whereby local authority membersââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am trying to be helpful, but the Deputy is out of order.
Tom Sheahan (Kerry South, Fine Gael)
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ââare giving section 47 forms to applicants and requesting them to sign them on the basis that if they do not apply for planning permission for the rest of their lives, the planning permission will be granted.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We seem to have gone completely beyond the bounds of Standing Orders this morning.
Tom Sheahan (Kerry South, Fine Gael)
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It is both illegal and unconstitutional. Where else can I raise the matter?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can table a parliamentary question. He could table it for discussion on the Adjournment. There are several ways to do it.
Tom Sheahan (Kerry South, Fine Gael)
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I have done so and it has not been accepted.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should do it again.
Michael Ring (Mayo, Fine Gael)
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I want to ask the Tánaiste if she has responsibility for a particular matter. This issue has been discussed on TV3 and on RTE and I want to know if we can have a debate in the Dáil on multiples like Tesco, Dunnes Stores and others robbing the people.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Ring, please.
Michael Ring (Mayo, Fine Gael)
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It used to be rip-off Ireland. It is now rip off the Irish by these multinationals.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is a debate promised on this matter?
Michael Ring (Mayo, Fine Gael)
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Can we have a debate in the House on the matter?
John O'Donoghue (Kerry South, Ceann Comhairle)
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A debate is not promised.
Michael Ring (Mayo, Fine Gael)
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It is important to have a debate.
John O'Donoghue (Kerry South, Ceann Comhairle)
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No debate is promised.
Michael Ring (Mayo, Fine Gael)
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The people are being ripped off and robbed by these multinationals.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Broughan.
Michael Ring (Mayo, Fine Gael)
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I want to know whether we will have a debate. It is being discussed on RTE and TV3. We want to discuss it in the House so that we can represent the people.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We can have a discussion if it is raised here in a different way.
Mary Coughlan (Donegal South West, Fianna Fail)
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I took questions in the House last week and the Deputy was not here.
Tommy Broughan (Dublin North East, Labour)
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I understand the Minister for Transport is meeting his Northern Ireland and UK counterparts to discuss the issue of penalty point harmonisation. Will that entail legislation or can it be done by regulation? On this day two weeks, when the plenary session will come to an end, is it intended that the Minister for Finance will make a financial statement or will he just reply to the debate?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised on penalty points?
Mary Coughlan (Donegal South West, Fianna Fail)
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I cannot say for definite on penalty points. I will ask the Minister's office to contact the Deputy. Based on discussions I have heard, it would be some time before we would come to that. There will be a full debate on the economy on the Adjournment of the House and all the issues that have been mentioned today can be encompassed in that debate.
Emmet Stagg (Kildare North, Labour)
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There is agreement on both sides of the House to have a debate on the Morris tribunal reports. We discussed it briefly at the Whips' meeting last night. On 28 May, Deputy Gilmore raised the matter and the Tánaiste indicated the last two reports were expected in mid-June. Can she confirm if they have been received? If so, when will they be published? I understand they are required to be published within 14 days. If they are available, rather than letting the matter go stale, it would be desirable that they be discussed here immediately after their publication.
Mary Coughlan (Donegal South West, Fianna Fail)
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I have been advised by the Minister for Justice, Equality and Law Reform that the two reports have not been obtained yet. As soon as they are, the Deputy will be informed. We gave an undertaking that all the reports would be discussed here.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Can the Tánaiste assure the House that no legislation is being prepared to allow US authorities to search civilian aeroplanes at Shannon Airport and that the only appropriate and accountable organisations to search civilian or military aircraft in Shannon are the Garda and the Irish Customs Service, particularly in light of previous extraordinary renditions through Shannon?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in that area?
Mary Coughlan (Donegal South West, Fianna Fail)
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There is no legislation promised that I am aware of.
James Bannon (Longford-Westmeath, Fine Gael)
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Why is all the legislation that is outstanding still outstanding as we come to the conclusion of a virtually legislation-free year? Will the Ministers be collecting their benchmarking bonus for so little activity in this term?
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot start talking about bonuses now.
Mary Coughlan (Donegal South West, Fianna Fail)
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The problem is that yesterday, for example, it took two hours to complete the Order of Business and questions to the Taoiseach.
David Stanton (Cork East, Fine Gael)
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That is because the Government will not co-operate.
Dermot Ahern (Louth, Fianna Fail)
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Even the Opposition was giving out.
Mary Coughlan (Donegal South West, Fianna Fail)
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We are losing out on valuable time for the Deputy's contributions.
Jan O'Sullivan (Limerick East, Labour)
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Is there any progress on the nurses and midwives Bill? Have the heads been agreed?
Mary Coughlan (Donegal South West, Fianna Fail)
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It will be next year.
Michael Creed (Cork North West, Fine Gael)
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Notwithstanding the Tánaiste's reluctance in the past to commit to using the veto on the WTO talks â unfortunately the Taoiseach has indicated that is the Government positionââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will need to raise the matter in another way. We cannot discuss the WTO now.
Michael Creed (Cork North West, Fine Gael)
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ââand in light of the momentum building for a ministerial meeting in Geneva in mid-July, does it remain the Government's position following the rejection of the Lisbon treatyââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss that.
Michael Creed (Cork North West, Fine Gael)
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ââthat the veto will be usedââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will need to raise the matter in another way.
Michael Creed (Cork North West, Fine Gael)
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ââto scupper a deal that is not in the national interest?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order.
Michael Creed (Cork North West, Fine Gael)
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I appreciate the Tánaiste has not been wholehearted in her commitment to use the veto. Is the Government's position unchanged after the result of the referendum on the Lisbon treaty?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is completely out order. We could not go on with that kind of stuff.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The use of the veto was contingent on a "Yes" vote.
Simon Coveney (Cork South Central, Fine Gael)
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The Tánaiste will know of proposals to build large-scale wind-energy farms offshore in a number of locations. In order to facilitate that work, I believe there is a requirement to update the Foreshore Acts, which is promised by Government. When will that be done and which Department will take responsibility?
Mary Coughlan (Donegal South West, Fianna Fail)
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There is a promise for Foreshore Act reform. There has not been a date as yet. As the Deputy will know, a transfer of functions is taking place with some going to the Department of the Environment, Heritage and Local Government, which will be specific to those issues to which the Deputy referred.
Simon Coveney (Cork South Central, Fine Gael)
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I got the same answer a month ago. Do we still not know which Department is taking responsibility?
Mary Coughlan (Donegal South West, Fianna Fail)
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It is still with the Department of Agriculture, Fisheries and Food.
Simon Coveney (Cork South Central, Fine Gael)
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Is it to be transferred to the Department of the Environment, Heritage and Local Government?
Mary Coughlan (Donegal South West, Fianna Fail)
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Part of it will. The foreshore issues relating to wind energy and those ancillaries will move to the Department of the Environment, Heritage and Local Government. Piers and harbours will remain with the Department of Agriculture, Fisheries and Food.
Ciarán Lynch (Cork South Central, Labour)
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Can the Tánaiste give an assurance that the Housing (Miscellaneous Provisions) Bill will come before the House before the recess? Has a date been put on the calendar for it to come before the House?
Mary Coughlan (Donegal South West, Fianna Fail)
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Yes, it is intended to have it published before the House rises.