Mary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. 13, motion on the proposed approval by Dáil Éireann of the Planning and Development (Amendment) Regulations 2008 — back from committee; No. 2, Legal Practitioners (Irish Language) Bill 2007 — amendments from the Seanad; and No. 23, statements on climate change. It is proposed, notwithstanding anything in Standing Orders, that No. 13 shall be decided without debate.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal for dealing with No. 13 agreed to?

Mary Coughlan (Donegal South West, Fianna Fail)
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I am aware that briefings were given to Opposition Members prior to the debate and a full and frank discussion was held with the Minister. He offered to remain with the committee for as long as necessary. All the issues have been dealt with and there has been absolute clarity regarding the matters raised here last Thursday. As it was agreed by the committee that it would revert to the House with a recommendation, I do not see the necessity for further discussion on the matter.

Enda Kenny (Mayo, Fine Gael)
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I will start with a two mark question for the Tánaiste.

Billy Kelleher (Cork North Central, Fianna Fail)
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Magnus Magnusson.

Enda Kenny (Mayo, Fine Gael)
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Thank you. Does the Tánaiste agree with the statement by the Minister for Finance that the construction industry in this country has come to a shuddering halt?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That question is not on the curriculum.

Richard Bruton (Dublin North Central, Fine Gael)
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It is definitely on the agenda.

Noel Dempsey (Meath West, Fianna Fail)
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It is one thing not to get the answer right but there is a problem if the question is wrong.

Finian McGrath (Dublin North Central, Independent)
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Give him 100 lines.

Enda Kenny (Mayo, Fine Gael)
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Tá an fheadóg séidte ag an réiteoir.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Tá.

Enda Kenny (Mayo, Fine Gael)
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Can I ask under the relevant financial motions whether the Tánaiste agrees with the Minister that the construction industry has come to a shuddering halt? It is a Lisbon type question — "Yes" or "No".

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny knows as well as I that——

Enda Kenny (Mayo, Fine Gael)
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Tá a fhios agam go bhfuil an réiteoir ag caint anois.

John O'Donoghue (Kerry South, Ceann Comhairle)
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If we want to have to have Leaders' Question on Thursday mornings, the Chair has no difficulty with that. I would be absolutely delighted but Members would have to change Standing Orders.

Enda Kenny (Mayo, Fine Gael)
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We cannot have Leaders' Questions on Thursday mornings because the Taoiseach will not come here.

Deputies:

Hear, hear.

Seán Power (Kildare South, Fianna Fail)
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It is the only relief Deputy Kenny gets all week.

Enda Kenny (Mayo, Fine Gael)
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He refuses to come here. He is afraid to come here.

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not an issue.

Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle cannot do anything about that.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is not an issue for the Chair either. I ask the Deputy to stay in order.

Enda Kenny (Mayo, Fine Gael)
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I am left to put questions to his deputy, the Tánaiste. I wanted to ask whether she agreed with the Minister——

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

Enda Kenny (Mayo, Fine Gael)
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——who is in the unfortunate position of coming in to clean up the mess created by his predecessor, that the construction industry has come to a shuddering halt.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I did not say that.

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order. We have had two days of that.

Enda Kenny (Mayo, Fine Gael)
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We will try again. Céard iad na moltaí atá tagtha ón Seanad i leith Bille na nDlí-Chleachtóirí (An Ghaeilge) 2007? Tá sé ar an chlár inniu. Níl a fhios agam céard iad na moltaí atá i gceist. Ní bhfuair mé iad. Níl soiléiriú tugtha dom. Tá an t-Aire Stáit ag caint leis an Tánaiste mar gheall ar na moltaí faoi láthair. Céard iad féin?

I respectfully ask the Tánaiste whether the Government proposes to introduce a series of Supplementary Estimates later this year.

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

Enda Kenny (Mayo, Fine Gael)
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If so, in the context of a report that the Government intends borrowing three times more than planned——

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

Enda Kenny (Mayo, Fine Gael)
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——can I have advice from the Tánaiste so we can have clarity? For which Departments will Supplementary Estimates be introduced?

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

Enda Kenny (Mayo, Fine Gael)
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Will these be subject to scrutiny and will they be referred to committees? The only one we know of for certain is the Department of Social and Family Affairs——

John O'Donoghue (Kerry South, Ceann Comhairle)
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That issue is being debated next week. Deputy Kenny is not in order.

Enda Kenny (Mayo, Fine Gael)
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——where there is a huge increase expected and no cutbacks unlike the Departments of the unfortunate Ministers sitting on either side of the Minister for Social and Family Affairs.

Will the Tánaiste clarify the situation in regard to the Supplementary Estimates?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The House will debate that issue next week.

Enda Kenny (Mayo, Fine Gael)
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A report in today's The Irish Times states that the Health Service Executive will propose to Government a change in the legislation on health. The Tánaiste will recall that in November 2004, the Minister for Health and Children stated during discussions on the Health Bill that the change being proposed to amalgamate 11 health boards was a once in a generation move that would bring about an efficient, professional best practice health service. As Deputy Reilly and others on this side of the House have pointed out this is not the case.

Is that report, which states there will be a change in the legislation to provide for a return to devolved managers on a regional basis, correct? When are we likely to see this legislation which is not included on the list of proposed legislation for this session?

I draw the Tánaiste's attention to a letter given to me by Deputy Seán Barrett in respect of funding for persons with disabilities.

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

Enda Kenny (Mayo, Fine Gael)
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It is not. I will explain to the Ceann Comhairle the reason it is not out of order.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is completely out of order.

Enda Kenny (Mayo, Fine Gael)
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Deputy Barrett was informed that the Department of Health and Children approved an allocation of €50 million for disability residential, respite and day services for 2008.

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

Enda Kenny (Mayo, Fine Gael)
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Deputy Barrett has also been informed by the HSE that approval has not yet been received for the commencement of these developments.

John O'Donoghue (Kerry South, Ceann Comhairle)
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If Deputies want to change Standing Orders they are quite entitled to do so. I must implement Standing Orders as they stand. Deputy Kenny is not in order.

Finian McGrath (Dublin North Central, Independent)
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That matter was sorted yesterday.

Enda Kenny (Mayo, Fine Gael)
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This affects not alone Deputy Barrett and his constituents but services throughout the country. I want to know if this €50 million is guaranteed and has been ringfenced for the provision of services for the people whom Deputy Barrett and others have mentioned.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is not in order. I call the Tánaiste to respond to the question relating to the legislation on health.

Enda Kenny (Mayo, Fine Gael)
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Will the Tánaiste confirm this is the case?

Mary Coughlan (Donegal South West, Fianna Fail)
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I dtaobh na moltaí ón Seanad ar Bille na nDlí-Chleachtóirí (An Ghaeilge) 2007, níl ach dhá moltaí teicniúla ag éirí as an Acht a bhí againn cheana agus molfaidh an tAire Gnóthaí Pobail, Tuaithe agus Gaeltachta, An Teachta Éamon Ó Cuív, na moltaí sin don Dáil. Athruithe teicniúla atá iontu a cuideoidh go mór le dlíodóirí.

Enda Kenny (Mayo, Fine Gael)
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Céard iad féin mar sin?

Mary Coughlan (Donegal South West, Fianna Fail)
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Ar dtús báire, tá sé i gceist go mbeidh deis ag aon duine a rinne cúrsa céime abhcóide dlí faoi an Acht Lucht Cleachtaithe Dlí (Cáilíocht) 1929 agus nach raibh Alt 3 den Acht sin comhlíonta aige nó aici, an coinníoll sin a chomlíonadh faoin Acht nua.

Brendan Howlin (Wexford, Labour)
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That is clear.

Mary Coughlan (Donegal South West, Fianna Fail)
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Táthar ag caint anseo faoi duine ar bith a chríochnaigh a chúrsa oideachais faoi Acht 1929, agus clúdaítear sin san Acht úr. Ní chuireann seo isteach go mór ar éinne. Is é an fáth go bhfuil seo os comhair na Dála ag an mbomaite seo ná chun a bheith cúramach agus ceart.

Enda Kenny (Mayo, Fine Gael)
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Ba chóir go mbeadh an t-eolas sin agus an clár oibre tugtha don bhFreasúra roimh teacht os comhair an Tí do na moltaí.

Mary Coughlan (Donegal South West, Fianna Fail)
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On the health legislation, Deputies will be aware there is no need for further legislation on the basis of proposals received from the HSE.

Enda Kenny (Mayo, Fine Gael)
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Is it proposed to change back to devolved regional managers?

Mary Coughlan (Donegal South West, Fianna Fail)
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On the final issue raised, Deputy Kenny is aware the matter of investment in disabilities was clarified yesterday. That matter has been dealt with.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Gilmore.

Richard Bruton (Dublin North Central, Fine Gael)
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On a point of order, the Ceann Comhairle has disallowed a question on how the Government will next week obtain authority for proposed cutbacks of €500 million. My understanding is——

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

Deputies:

It is a point of order.

Richard Bruton (Dublin North Central, Fine Gael)
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The point of order is on what basis is the Ceann Comhairle stating it is not in order to find out the basis of that authority. The Government must produce an order or a Supplementary Estimate——

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is a longstanding precedent of the House that if the Chair disallows questions, they stand disallowed. The Deputy is entitled to come and see me in my office on the matter. I call Deputy Gilmore on the Order of Business.

Richard Bruton (Dublin North Central, Fine Gael)
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I am just asking——

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

Richard Bruton (Dublin North Central, Fine Gael)
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It is a point of order. We are entitled to know how these cutbacks will be imposed.

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

Richard Bruton (Dublin North Central, Fine Gael)
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Will we have a chance to examine them? The Ceann Comhairle is blocking the opportunity to find out how the business will be done.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I certainly am not. The Deputy well knows there will be a debate on that matter next week.

Richard Bruton (Dublin North Central, Fine Gael)
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The point is a debate does not give them authority.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The matter will be debated next week. I call Deputy Gilmore.

Richard Bruton (Dublin North Central, Fine Gael)
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I do not understand the Chair's ruling.

Eamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise three matters. I am sure the Tánaiste will join with me in welcoming the rescue of Ingrid Betancourt——

Deputies:

Hear, hear.

Eamon Gilmore (Dún Laoghaire, Labour)
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——who suffered a terrible ordeal over six years at the hands of FARC, a gang of narco-terrorists with an apparent interest in eco-tourism.

I understand the Government is to table a motion in respect of next week's debate on the economy. When will that motion be issued to the Opposition and will it set out in detail the measures the Government intends to take arising from yesterday's Exchequer figures?

I am surprised at the Tánaiste's response to Deputy Kenny in respect of the report in today's The Irish Times that it is intended the HSE will devolve into a regional arrangement. This is a complete reversal of the Government's strategy in relation to the organisation——

Bernard Durkan (Kildare North, Fine Gael)
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Absolutely.

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

Eamon Gilmore (Dún Laoghaire, Labour)
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This is about legislation.

Joan Burton (Dublin West, Labour)
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Legislation is required.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste said there is no legislation promised.

Brendan Howlin (Wexford, Labour)
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It requires legislation.

Eamon Gilmore (Dún Laoghaire, Labour)
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We have a set of circumstances——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I will ask the Tánaiste, who has already stated there is no legislation promised, to respond on the matter again.

Eamon Gilmore (Dún Laoghaire, Labour)
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The HSE is responsible for every single euro of income tax collected in this country.

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

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

Eamon Gilmore (Dún Laoghaire, Labour)
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That is what we are talking about. That is the size of the HSE budget. A newspaper article in today's The Irish Times states the HSE is to be regionalised.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I will ask the Tánaiste to clarify the matter again.

Eamon Gilmore (Dún Laoghaire, Labour)
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RTE is confused about this. It thinks this is a bad idea on a bad day and that the Government has left it to Deputy Charlie O'Connor to explain it.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot debate the scheduling of RTE programmes in this House.

Dermot Ahern (Louth, Fianna Fail)
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Deputy O'Connor did very well and he even mentioned Tallaght.

Eamon Gilmore (Dún Laoghaire, Labour)
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There has been no ministerial announcement about this.

Michael Ring (Mayo, Fine Gael)
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We have no Minister.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I will ask the Tánaiste to respond on the matter again and we must then move on. Is legislation on health promised and what is the position in respect of the debate next week?

Mary Coughlan (Donegal South West, Fianna Fail)
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We all echo and share Deputy Gilmore's sentiments in regard to the rescue of Ingrid Betancourt. I am delighted she and many others have been freed from incarceration.

The House will debate the issue of the economy for nine and a half hours next week. Following agreement by Cabinet next Tuesday of the motion, it will be made available to everyone in the House.

Seán Barrett (Dún Laoghaire, Fine Gael)
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Will there be a vote of confidence in the Government?

Mary Coughlan (Donegal South West, Fianna Fail)
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On the HSE, Deputy Gilmore, as leader of the Labour Party, will be aware this is what was sought in his party's document. I do not understand his concern in this regard.

Jan O'Sullivan (Limerick East, Labour)
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No, it is not.

Emmet Stagg (Kildare North, Labour)
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It was not.

Paul Connaughton Snr (Galway East, Fine Gael)
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It is something the Government did not want.

Emmet Stagg (Kildare North, Labour)
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The Tánaiste is wrong. The local tsar is not local.

Mary Coughlan (Donegal South West, Fianna Fail)
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I am advised by the Department of Health and Children there is no necessity for new legislation. This matter is being dealt with by the HSE which will discuss it with the unions. At the end of the day, it is right and proper to move ahead with proposals which ensure the consumer is best served and supported.

Joan Burton (Dublin West, Labour)
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What about patients?

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Burton.

Eamon Gilmore (Dún Laoghaire, Labour)
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Am I correct that the motion on the economy will not be available until after the Cabinet meeting on Tuesday?

Mary Coughlan (Donegal South West, Fianna Fail)
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Yes.

Eamon Gilmore (Dún Laoghaire, Labour)
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What is the status of the HSE announcement? Is this Government policy or an internal HSE idea? If it is Government policy, why has no ministerial statement issued in this regard?

Brendan Howlin (Wexford, Labour)
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Hear, hear.

Eamon Gilmore (Dún Laoghaire, Labour)
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This is a pretty significant announcement. The Government rushed through legislation to centralise operations in the HSE.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Gilmore there are other ways of finding out the position in that regard. The standard procedure is to table a parliamentary question on the issue.

Eamon Gilmore (Dún Laoghaire, Labour)
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We are now to return to regional structures and there has been no ministerial announcement in this regard. What is the status of this announcement? Is this a Government plan to regionalise the HSE?

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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There is no legislation promised. This is a reorganisation——

Mary Coughlan (Donegal South West, Fianna Fail)
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——of the management lines within the HSE. It is an internal issue that was——

Bernard Durkan (Kildare North, Fine Gael)
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Deputy Charlie O'Connor is reorganising it. Well done Charlie.

Brendan Howlin (Wexford, Labour)
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It cannot be done without legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I am sorry, Deputy Gilmore, there is no legislation. I cannot go any further with this.

Brendan Howlin (Wexford, Labour)
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It cannot stand up.

Eamon Gilmore (Dún Laoghaire, Labour)
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I do not understand it.

Brendan Howlin (Wexford, Labour)
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The accountability structure cannot be changed without legislation.

Deputies:

Deputy O'Connor should tell us what is happening.

Bernard Durkan (Kildare North, Fine Gael)
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Charlie for President.

Eamon Gilmore (Dún Laoghaire, Labour)
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I do not understand it, a Cheann Comhairle. If legislation was required to go from a regional structure to a centralised structure then it must be required to go back again.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste has answered.

Joan Burton (Dublin West, Labour)
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I wish to ask the Tánaiste about the debate next week. The Dáil voted moneys under specific headings for certain Departments, but from the announcement by the Minister for Finance yesterday it would appear there are to be changes in expenditure for a number of Departments.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There will be a debate on this next week.

Joan Burton (Dublin West, Labour)
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The question is——

John O'Donoghue (Kerry South, Ceann Comhairle)
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What is the question?

Joan Burton (Dublin West, Labour)
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Will the Government come forward with the changes in the spending proposals and specify where they vary from what was proposed in the Estimates?

John O'Donoghue (Kerry South, Ceann Comhairle)
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It has already been stated by the Tánaiste that the motion is to be introduced next week. We cannot go into it.

Joan Burton (Dublin West, Labour)
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Estimates were voted. We know from what the Minister said yesterday that there is a proposal to spend up to €500 million of additional moneys on social welfare.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now. I am moving along.

Joan Burton (Dublin West, Labour)
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Where is that money going to come from?

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a debate on that now.

Joan Burton (Dublin West, Labour)
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Will the Government raid the social insurance fund?

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

Joan Burton (Dublin West, Labour)
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Will we get information next week about the proposed changes in spending? I have other issues to ask about as well.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I told Deputy Burton yesterday that I did not want to ask her to leave the House, but she is coming very close to it. It is not my fault.

Deputies:

Sorry, wait outside.

Joan Burton (Dublin West, Labour)
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Voting Estimates of how money is spent is fundamental to the power of the Dáil. Are we going to get details of the changes?

John O'Donoghue (Kerry South, Ceann Comhairle)
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I must ask Deputy Burton to resume her seat. This is the second day I have had to ask her to do this. The Deputy is completely out of order.

John O'Donoghue (Kerry South, Ceann Comhairle)
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This is all very interesting, but we must talk about the legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Anecdotes are not allowed on the Order of Business.

Mary Coughlan (Donegal South West, Fianna Fail)
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The legislation will be made available in July.

Jan O'Sullivan (Limerick East, Labour)
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I want to correct the record because the Tánaiste has totally misled the House about the Labour Party policy on health. What we want to do is to put——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss Labour Party policy on health this morning.

Jan O'Sullivan (Limerick East, Labour)
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We want to put decision making back at the level of the patient.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows that as well as I do.

Jan O'Sullivan (Limerick East, Labour)
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It is clear that what is proposed is another layer of management.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy O'Sullivan should ask a question on the Order of Business.

Dermot Ahern (Louth, Fianna Fail)
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The Labour Party wants health to be privatised.

Jan O'Sullivan (Limerick East, Labour)
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Will the Minister for Health and Children come to the House and explain what is being proposed?

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

Jan O'Sullivan (Limerick East, Labour)
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This is decision making by stealth, by an organisation that is not elected by the people.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now. It is completely out of order.

Jan O'Sullivan (Limerick East, Labour)
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Can we have a statement from the Minister for Health and Children? If we are going to reverse what she referred to in 2004 as a great new dawn——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy has made her point, and she should not be making it at all because it is completely out of order.

Jan O'Sullivan (Limerick East, Labour)
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The Minister for Health and Children should come in here and tell us what is happening in the health services.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Ring is next. He will probably be in order. I hope so.

Jan O'Sullivan (Limerick East, Labour)
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It is Government by stealth and Government by leaking. It is a total abdication of responsibility with regard to the health service.

Michael Ring (Mayo, Fine Gael)
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Two weeks ago I asked about the charities Bill and the Minister told me it would be introduced this session. In fact, I was told we would have it in two weeks. Is the charities Bill coming before the Dáil next week?

This morning I saw a beautiful photograph of the Tánaiste in an article about innovation in Ireland. The same publication contains a beautiful photograph of Deputy Devins. Another contains a photograph of a new Minister of State, Deputy Curran. There are cutbacks in the HSE, in subvention, and in home help, but this is the nonsense the Government is sending out every morning.

Deputies:

Hear, hear.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy started well.

Michael Ring (Mayo, Fine Gael)
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The Government should cut out the waste and put money into the service, and get rid of that old nonsense.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Ring——

Michael Ring (Mayo, Fine Gael)
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The Minister has not brought in or published a bit of legislation in two years. It is no wonder the country is in the state it is in. We should get rid of the whole lot of them.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Incidentally, irrespective of how attractive the photographs are, Deputy Ring is not allowed to display them in the House.

Fergus O'Dowd (Louth, Fine Gael)
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Keep them under cover.

Michael Ring (Mayo, Fine Gael)
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I thought I was being nice about the photographs.

Mary Coughlan (Donegal South West, Fianna Fail)
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We hoped to have the charities Bill in the House but unfortunately, due to time restraints, we have not been in a position to introduce it. As the Deputy knows full well, if he wants a photograph of me I will send one over to him.

Michael Ring (Mayo, Fine Gael)
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I hope it will not be as costly as this one.

Seán Barrett (Dún Laoghaire, Fine Gael)
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With regard to the nursing home Bill, will the Tánaiste communicate with the authorities to find out when exactly this matter will be dealt with? I received an official response following representations on behalf of an individual with regard to long-term care, and I was told to tell the person to wait in a public hospital for a publicly funded bed in a private nursing home.

John O'Donoghue (Kerry South, Ceann Comhairle)
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On the legislation. Deputy Barrett is a long-standing Deputy and he knows his other comment is out of order.

Seán Barrett (Dún Laoghaire, Fine Gael)
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We are talking about waste. We are asking someone to wait in a public hospital for a publicly funded bed.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste on the legislation.

Seán Barrett (Dún Laoghaire, Fine Gael)
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I ask the Ceann Comhairle to give me a chance here. In one paragraph I was asked to give consideration to lobbying our Government for a more equitable way of funding our older persons.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to find another way of raising the issue.

Seán Barrett (Dún Laoghaire, Fine Gael)
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What is going on? I have the letter.

Mary Coughlan (Donegal South West, Fianna Fail)
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As has been indicated every week in this House, it will be July before the legislation is available.

Seán Barrett (Dún Laoghaire, Fine Gael)
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We are talking about staying in a public hospital in a publicly funded bed.

Bernard Durkan (Kildare North, Fine Gael)
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In view of the imminent standing down of the head of the HSE and his replacement by Deputy Charlie O'Connor, as announced this morning——

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

Bernard Durkan (Kildare North, Fine Gael)
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There is legislation promised. It will deal with that as well. The Ceann Comhairle will be glad to know the legislation is promised. I would like to know whether we will have this legislation before Christmas, because we are obviously not going to have it now.

John O'Donoghue (Kerry South, Ceann Comhairle)
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What legislation?

Bernard Durkan (Kildare North, Fine Gael)
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This is a serious matter and it does require legislation. It entails our coming into the House and changing the current legislation. The two party leaders who spoke previously are correct. Can the Tánaiste indicate when the health and personal social services Bill will be brought into the House so that Members other than Deputy O'Connor can have some say in the issue?

Mary Coughlan (Donegal South West, Fianna Fail)
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That legislation will be available next year.

Bernard Durkan (Kildare North, Fine Gael)
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So Deputy O'Connor will have to unscramble things.

Joan Burton (Dublin West, Labour)
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He is the shadow Minister.

Bernard Durkan (Kildare North, Fine Gael)
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In these straitened times, does the Ceann Comhairle not think it would be a good idea for somebody to bring in the financial services regulation Bill? It would be an appropriate time to introduce it.

Mary Coughlan (Donegal South West, Fianna Fail)
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We do not have a date for that Bill.

Bernard Durkan (Kildare North, Fine Gael)
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No date at all.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot monopolise the Order of Business.

Bernard Durkan (Kildare North, Fine Gael)
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This is my last point and relates to the issue of photographs and so on. Given the marked reluctance of the Green Party Ministers to appear in the House on the Order of Business, I wonder whether they are being forced out, advised to stay out or threatened. In that context——

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

Bernard Durkan (Kildare North, Fine Gael)
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There is legislation promised in this area. It is the protection of persons from enforced disappearance Bill.

Michael Ring (Mayo, Fine Gael)
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We should put Deputy Harney in there too.

Bernard Durkan (Kildare North, Fine Gael)
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In view of the current emergency I ask the Tánaiste to introduce this legislation to the House as a matter of extreme urgency.

Fergus O'Dowd (Louth, Fine Gael)
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A writ of habeas corpus.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I suppose it is too much to ask of the Tánaiste.

Mary Coughlan (Donegal South West, Fianna Fail)
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I cannot indicate on what date that legislation will be available to the House.

Bernard Durkan (Kildare North, Fine Gael)
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It might be a good idea, though.

James Bannon (Longford-Westmeath, Fine Gael)
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When can we expect the publication of the animal health and welfare Bill? Will it contain provisions to save the national herd——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into what it will contain.

James Bannon (Longford-Westmeath, Fine Gael)
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——from the plans of the Minister, Deputy Gormley, to cut it?

Mary Coughlan (Donegal South West, Fianna Fail)
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That legislation is out for public consultation.

Michael D Higgins (Galway West, Labour)
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Is it the intention of the Government to ratify the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families? The other matter I wish to mention is one about which I have asked two parliamentary questions. Is it the Government's intention to legislate in the area of collective bargaining, given that the 1948 ILO convention establishes that right? The reply to one of my parliamentary questions was that it was a matter for social partnership, but in the other reply it was stated that the Government had in fact ratified the convention in 1955. Does the Government propose to clarify the issue of collective bargaining in terms of the ILO conventions of 1948 by way of legislation? The first question was related to the United Nations International Convention on the Protection of All Migrant Workers and Members of their Families. The Tánaiste's predecessors suggested the Government did not intend to recognise it, yet it is the only way to establish a basis that would assure all workers in the State equality and protection of their rights.

Mary Coughlan (Donegal South West, Fianna Fail)
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I will have to communicate with the Deputy on the issue of migrant workers as I do not wish to mislead him. The issue of collective bargaining is being discussed by the social partners.

Michael D Higgins (Galway West, Labour)
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I take it the ILO convention is not being implemented.

Mary Coughlan (Donegal South West, Fianna Fail)
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We must await the outcome of discussions with the social partners before a final decision is made on a number of pertinent issues. I do not wish to pre-empt the outcome.

Joanna Tuffy (Dublin Mid West, Labour)
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Speaking of Green Party Ministers, a newspaper report today suggests the Minister for the Environment, Heritage and Local Government, Deputy Gormley, may wish to shift the incinerator from his own constituency to Rathcoole in the constituency I share with his colleague, Deputy Gogarty, and the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Deputy Curran. This application got in under the Planning and Development (Strategic Infrastructure) Act which was opposed by the Labour Party. The Act is surely in breach of the public participation directive which has been promised but which has not yet been transposed.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We must discuss promised legislation.

Joanna Tuffy (Dublin Mid West, Labour)
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It is important that people have a genuine say in issues such as this. These matters should not be at the whim of a Minister.

Mary Coughlan (Donegal South West, Fianna Fail)
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I am not aware that legislation is promised but I will communicate with the Deputy if there is to be transposition.

David Stanton (Cork East, Fine Gael)
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I have a number of points to raise on legislation. When will we see the Health Information Bill? Yesterday we were promised a health study of Cork Harbour. It would be useful if the Health Information Bill was published in order that it could be discussed with the study. Given the pollution in Cork Harbour from the Irish Steel plant, it is important to bring forward the Foreshore (Amendment) Bill in order that the issue can be discussed in the context of the Bill.

I understand the environmental liability directive has not yet been signed or brought forward by the Government and that it will probably take legislation in the House to do so. There are proceedings against the State in this regard. The 1998 Aarhus Convention provides information on these issues. Therefore, when will the matter be addressed? The Minister yesterday promised reports on research at Haulbowline but we have not seen them. Will the Tánaiste please remind him to forward them to us?

Are there plans to change the position of the CEO of the HSE as Accounting Officer?

Mary Coughlan (Donegal South West, Fianna Fail)
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The Health Information Bill will come before the House next year. I indicated last week that no date had been finalised for the Foreshore (Amendment) Bill. I will have to revert to the Deputy on the other issues, directives and conventions because I do not have the full information.

Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle knows I always obey his rulings.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I do not know that.

Enda Kenny (Mayo, Fine Gael)
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I am interested in the basis for the Ceann Comhairle's ruling today that it is not in order to ask questions about matters of legitimate public interest concerning Supplementary Estimates for Departments. The nation is consumed by the mismanagement of this Fianna Fáil-led Government which must now find €500 million through savings, adjustments, cutbacks or whatever one wishes to call them. It is a matter of legitimate political interest to inquire as to which Departments will have to produce Supplementary Estimates. I am interested in the basis of the Ceann Comhairle's ruling that it is not in order to ask a question about this. To which Standing Order does he refer?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The one in question is Standing Order 26(3) which is quite specific. It states a question may be raised on promised business. This applies equally to the introduction of a Supplementary Estimate and the seeking of a debate. In other words, it must be promised. The same applies to secondary legislation.

Damien English (Meath West, Fine Gael)
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That is a sure thing.

John O'Donoghue (Kerry South, Ceann Comhairle)
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If the item is not promised, it is not in accordance with Standing Orders.

Fergus O'Dowd (Louth, Fine Gael)
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But it is promised.

John O'Donoghue (Kerry South, Ceann Comhairle)
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This is not my decision, but that of the Members of the House.

Damien English (Meath West, Fine Gael)
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I beg to differ with the honourable Member from south Kerry who now sits in a high position. The precedent during the years in the House has been that if legislation or business is promised, either inside or outside the House, it is a legitimate matter for questioning here.

I recently heard the Minister for Social and Family Affairs on "News at One" tell the nation that there would be no cutbacks in her Department and that the pinch would be felt by other Departments. I have heard promises of €500 million of cutbacks, savings, adjustments or whatever one may wish to call them from the Minister for Finance who says he is in the unfortunate position of being in that Department.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I did not say that.

Enda Kenny (Mayo, Fine Gael)
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This is a matter of business promised inside and outside the House and I beg to differ with the Ceann Comhairle's interpretation of Standing Order 26(3). We have been told that the Government must make €500 million of savings and cutbacks, which means Department after Department will have to take out the cleaver and decide on the areas for the chop and where Supplementary Estimates will have to be introduced.

Bernard Durkan (Kildare North, Fine Gael)
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Hear, hear. We need to know about this.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Pure speculation.

Enda Kenny (Mayo, Fine Gael)
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I want to know what scrutiny and committees the Supplementary Estimates will face. This is legitimate business that was promised outside the House and referred to inside it. I beg to differ with the Ceann Comhairle.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I do not wish to argue with the Deputy because we can discuss the matter later if he wishes but promised business must be specific, not a generalisation, for example, on the state of the economy. If we allowed general business to be discussed, we would have no parameters to guide us. I must obey Standing Order 26(3).

Enda Kenny (Mayo, Fine Gael)
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I again respectfully differ with the Ceann Comhairle as this matter is specific and refers to €500 million of savings.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There will be a debate on the issue next week. If Members wish to change Standing Orders, they are entitled to do so.

Enda Kenny (Mayo, Fine Gael)
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This comes down to the fact that people who must fork out €1,000 for home heating oil and so on or must seek home help hours will face the frontline cuts.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on. We cannot debate the matter now.

Enda Kenny (Mayo, Fine Gael)
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The Government will hide all this behind the reorganisation of the HSE.

Richard Bruton (Dublin North Central, Fine Gael)
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Who will organise all this? The Government needs the authority of the House to do it.

Enda Kenny (Mayo, Fine Gael)
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The Minister for Health and Children referred to an operational move. There will be €500 million of cutbacks and I want the Tánaiste to respond. This is specific promised business that was referred to in the House.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows well that the issue will be debated next week. Are Supplementary Estimates promised?

Mary Coughlan (Donegal South West, Fianna Fail)
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For clarity, I will point out that the process is as follows. The Government will make its decisions on Tuesday. There will be a debate on all these issues in the House on Wednesday and Thursday for nine and a half hours. There are no proposals to introduce Supplementary Estimates to the House.

Enda Kenny (Mayo, Fine Gael)
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Following the Tánaiste's clarification, may I ask her whether there is any truth in the references to the Government's need for €500 million of savings to be made?

Mary Coughlan (Donegal South West, Fianna Fail)
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That matter did not arise from Government sources. It is prudent and proper for the Cabinet to make its decisions on Tuesday. It will be fully informed of the decisions that must be made by the Minister for Finance and the outcome will be discussed in the House.

Enda Kenny (Mayo, Fine Gael)
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Do we live in the real world?

Richard Bruton (Dublin North Central, Fine Gael)
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The matter of €500 million was raised by the man sitting next to the Tánaiste, the Minister for Finance.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny is out of order. I do not want to take the unprecedented step of asking the Leader of the Opposition to leave the House but if I must, I will.

Enda Kenny (Mayo, Fine Gael)
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I am here to defend the rights of the people and will do so.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There will be a debate on the issue next week. The Tánaiste has clarified the position and I have clarified the rules but the Deputy will not accept this.

Enda Kenny (Mayo, Fine Gael)
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The Tánaiste has not clarified the position. I seek a final clarification from her. Did I hear of and read yesterday a statement from the Department of Finance? Did the Minister for Finance tell us on television that there was a €1.5 billion deficit in Government income at this point in the year? Did I hear that this would require adjustments, savings, cutbacks or whatever one may wish to call them? Will these cutbacks be due to the extent of the deficit? Will the Government deal with the deficit through adjustments, cutbacks and Supplementary Estimates?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not the issue. The issue is whether Supplementary Estimates have been promised. Have Supplementary Estimates been promised?

Mary Coughlan (Donegal South West, Fianna Fail)
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No Supplementary Estimates have been promised.

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

Richard Bruton (Dublin North Central, Fine Gael)
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On a point of order, how can there be a €500 million cut in spending without Supplementary Estimates?

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is 11.10 a.m. and there is a debate on the issue next week.

Richard Bruton (Dublin North Central, Fine Gael)
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Supplementary Estimates will be necessary to seek authority.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I must implement Standing Orders.

Joan Burton (Dublin West, Labour)
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I wish to speak briefly on the same point. The Dáil votes very specific amounts of money for Estimates. Can Ministers arbitrarily move money provided in the Estimates to other Departments or between headings in their own Departments?

John O'Donoghue (Kerry South, Ceann Comhairle)
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These issues will be covered in the debate next week.

Joan Burton (Dublin West, Labour)
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What power does the Dáil have regarding Estimates?

John O'Donoghue (Kerry South, Ceann Comhairle)
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It has already been explained. I call Deputy Varadkar. I ask him to be in order, if he can at all.

Leo Varadkar (Dublin West, Fine Gael)
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I assure you I will be in order, a Cheann Comhairle.

Noel Dempsey (Meath West, Fianna Fail)
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The Deputy will be the first person to be in order so far today, other than Deputy Michael D. Higgins.

Leo Varadkar (Dublin West, Fine Gael)
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The Tánaiste is aware that concerns about financial mismanagement and irregularities at FÁS were discussed at yesterday's meeting of the Joint Committee on Enterprise, Trade and Employment. I would like to ask two questions on foot of that meeting. Given that this information was made available by means of an anonymous letter——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss anonymous letters on the Order of Business.

Leo Varadkar (Dublin West, Fine Gael)
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Will the Tánaiste advise the House on whether legislation will be introduced to protect whistleblowers?

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

Leo Varadkar (Dublin West, Fine Gael)
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She previously told the House that the Garda investigation into the matter related to a sole contractor. The director general of FÁS told the joint committee that the investigation related to a number of contractors and may have implications for members of staff of FÁS.

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

Leo Varadkar (Dublin West, Fine Gael)
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Will time be made available to allow the Tánaiste to come to the House to correct her statement?

Mary Coughlan (Donegal South West, Fianna Fail)
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There are no proposals to introduce legislation in this area. There are no proposals for a debate on the matter.

Fergus O'Dowd (Louth, Fine Gael)
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Will the Tánaiste set out the position on metro north in the context of the proposed public transport regulation Bill?

Noel Dempsey (Meath West, Fianna Fail)
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We do not need legislation for it.

Fergus O'Dowd (Louth, Fine Gael)
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Will the metro north project proceed on time, as planned and on budget?

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

Fergus O'Dowd (Louth, Fine Gael)
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Will it be re-prioritised?

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

Fergus O'Dowd (Louth, Fine Gael)
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In other words, will there be cutbacks?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is for next week.

Noel Dempsey (Meath West, Fianna Fail)
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We do not need legislation for it.

Fergus O'Dowd (Louth, Fine Gael)
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The Minister has clearly——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Broughan.

Fergus O'Dowd (Louth, Fine Gael)
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Can I have an answer to my question?

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

Bernard Durkan (Kildare North, Fine Gael)
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It is off the rails.

Fergus O'Dowd (Louth, Fine Gael)
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It is in order.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I must move on. It is completely out of order.

Fergus O'Dowd (Louth, Fine Gael)
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It is not.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should be fair about it.

Fergus O'Dowd (Louth, Fine Gael)
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I am entitled to ask——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I have explained that the Deputy is entitled to ask about promised legislation.

Fergus O'Dowd (Louth, Fine Gael)
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What are the plans for metro north?

Noel Dempsey (Meath West, Fianna Fail)
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The Deputy should submit a parliamentary question.

Fergus O'Dowd (Louth, Fine Gael)
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Will it be delivered on time?

Noel Dempsey (Meath West, Fianna Fail)
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Did the Deputy not get the answer to the question asked yesterday?

Fergus O'Dowd (Louth, Fine Gael)
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When I asked the Minister, I was told it would not be.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There are other ways to raise the matter.

Fergus O'Dowd (Louth, Fine Gael)
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The Taoiseach says it will be.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can raise it on the Adjournment or by means of a parliamentary question.

Fergus O'Dowd (Louth, Fine Gael)
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On a point of order——

Noel Dempsey (Meath West, Fianna Fail)
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I will send yesterday's answer to the Deputy.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I promise the Deputy that we will try to assist him if he raises the matter in the proper manner.

Fergus O'Dowd (Louth, Fine Gael)
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I apologise.

Bernard Durkan (Kildare North, Fine Gael)
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It has gone off the rails.

Tommy Broughan (Dublin North East, Labour)
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Officials from the Department of Transport announced at yesterday's meeting of the Joint Committee on Transport that the Malin Head Coast Guard station, or the Valentia Island station, was to be closed.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows very well we cannot go into that matter now.

Tommy Broughan (Dublin North East, Labour)
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Will legislation be required to facilitate the closure of the Malin Head station in County Donegal?

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

Tommy Broughan (Dublin North East, Labour)
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I asked the Tánaiste last week whether a financial statement would be made in respect of the fisheries and haulage sectors. Will a package for fisheries be announced next week or the following week?

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

Tommy Broughan (Dublin North East, Labour)
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President Sarkozy has announced a €300 million package for the French fisheries sector.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I ask the Tánaiste to answer the question about legislation.

Tommy Broughan (Dublin North East, Labour)
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Will the Minister for Transport make any concessions to help hauliers?

John O'Donoghue (Kerry South, Ceann Comhairle)
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There is no chance of that question being answered.

Tommy Broughan (Dublin North East, Labour)
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I am concerned about the haulage industry.

Mary Coughlan (Donegal South West, Fianna Fail)
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No legislation is promised or necessary in any of these areas.

Ulick Burke (Galway East, Fine Gael)
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It was announced this morning that the European Court of Justice had ruled against Ireland in a case involving the manner in which environmental impact assessments were undertaken. The community of Derrybrien, near Loughrea in County Galway, brought the case at EU level. I suggest this judgment means that the Department of the Environment, Heritage and Local Government will have to introduce legislation, as a matter of urgency, to regularise the manner in which environmental impact assessments are made. How quickly can such legislation be drawn up by the Department?

Mary Coughlan (Donegal South West, Fianna Fail)
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As the House is aware, the judgment in question was announced this morning. Officials will examine it. I will advise the Minister of the Deputy's interest.