Dáil debates
Thursday, 23 October 2008
Order of Business
10:30 am
Mary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. 15, Financial Motions by the Minister for Finance [2008] (motion 15, resumed). It is proposed, notwithstanding anything in Standing Orders, that parliamentary questions next for answer by the Taoiseach on EU matters shall be taken on the same day as the statements on EU Council meeting, Brussels, scheduled to be taken on Wednesday, 29 October 2008, and shall be moved to be taken first as ordinary oral questions to the Taoiseach on that day. The Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 29 October 2008.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal for dealing with parliamentary questions next for answer by the Taoiseach on EU matters agreed to? Agreed. Is the proposal that the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 29 October agreed to?
Eamon Gilmore (Dún Laoghaire, Labour)
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It is not agreed. Proposal No. 2 proposes the Dáil shall adjourn until 2.30 p.m. on Wednesday next, 29 October. We have a bank holiday on Monday, but that is fine because we would not expect to sit on Monday anyway. However, I see no justification for us not sitting on Tuesday. Whatever about not sitting on Tuesday, there is even less justification for not sitting until 2.30 p.m. on Wednesday.
I am aware it has been the tradition and practice down the years that when we have a bank holiday, the House does not sit the day after, but these are not normal times. Financial markets are still in a state of flux and people are still very concerned about what is happening with the economy. We had 15,000 pensioners outside the House yesterday who remain unhappy, as do the thousands of others who were not there, with the position regarding the medical card. We also had 15,000 students outside who are unhappy about the Government planning to reintroduce tuition fees.
In my reading of the schedule for next week's truncated business in the House, I see no provision made for the continuation of the debate on the budget. When one takes out the statements on the European summit that are proposed for Wednesday and the arrangements for Private Members' Business, there are only two hours for other business planned for next week. This is in exceptional times. Many issues arise from the budget and only five of the Labour Party Members have had the opportunity to speak so far. There are 20 Members of the Labour Party in the House, all of whom would like to speak on the budget and raise issues such as cuts in disability payments and in education. I heard Deputy Gogarty's letter to the Minister for Education and Science, Deputy Batt O'Keeffe, yesterday, in which he tells us that class sizes are the biggest issue. We will debate that next week.
John O'Donoghue (Kerry South, Ceann Comhairle)
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A brief statement is all that is allowed. I must move on to Deputy Bruton. The Deputy has made his point.
Eamon Gilmore (Dún Laoghaire, Labour)
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I am reminded of something Patrick Pearse once said and would like to draw this to the attention of the Government:
Beware,
Beware of the thing that is coming, beware of the risen people, Who shall take what ye would not give.
The Labour Party opposes the proposal that the House should not meet until 2.30 p.m. next Wednesday. That is a daft proposal in these times and circumstances. I ask the Government to have the House back here at 2.30 p.m. on Tuesday, the normal meeting time.
Richard Bruton (Dublin North Central, Fine Gael)
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We had a timely reminder yesterday that power in the State derives from the people and we must respect their views. As Deputy Gilmore said, people expect that we would not take an extra day's holiday next week at a time of such convulsion within——
Noel Dempsey (Meath West, Fianna Fail)
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The Opposition agreed to it.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Allow Deputy Bruton to finish.
Richard Bruton (Dublin North Central, Fine Gael)
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There is an expectation that the Dáil would sit next week to deal with many issues that have been thrown up not only by the budget. They are not only the issues in the public domain. A significant legislative programme derives from the budget, including legislation to rationalise many agencies. The House will want to participate in that legislation.
Michael Kennedy (Dublin North, Fianna Fail)
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We will be here at 9.30 a.m. on Tuesday.
Richard Bruton (Dublin North Central, Fine Gael)
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Excellent. I agree with the Deputy's proposal.
James Reilly (Dublin North, Fine Gael)
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Does Deputy Kennedy speak for the Government?
Michael Kennedy (Dublin North, Fianna Fail)
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Surely Deputy Reilly will be able to get back from his holidays.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Allow Deputy Bruton to finish and then we can move on.
Richard Bruton (Dublin North Central, Fine Gael)
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We are in serious times and people expect a standard of attention to the business of the country that shows the elected representatives of this House are knuckling down to issues of real concern to the public and are not missing when that business is to be done.
Paul Connaughton Snr (Galway East, Fine Gael)
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The people have spoken. They have got their voice back.
James Reilly (Dublin North, Fine Gael)
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I hope they will smile at Deputy Kennedy in Swords now.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Government Deputies will need some Hallowe'en masks in their constituencies.
Joan Burton (Dublin West, Labour)
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They will be Freddie Krueger masks.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I understand the thinking behind allowing an extra day in our constituencies on the day following a public holiday. We have limited opportunity to address issues within the constituency and on a public holiday local authorities and public sector employees are not at work. However, Deputy Gilmore has put a compelling case, which is the critical point we must take on board. I wish to explain it is not Deputies taking an extra day, which is an unfair representation. Deputies of all parties work exceptionally hard and have responsibilities in their constituencies. We should not be afraid to make that point.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have no idea who on the Government side is badgering away. If he has nothing else to say he has very little to contribute. I am trying to reflect on a factual situation. I again make the point that Deputy Gilmore's remarks make a compelling case. In the circumstances he has rightly highlighted we should at the very least schedule our sitting for next week at the normal commencement time for a Wednesday morning. That is the very least that should be expected of us. My party and I personally would have no objection if we were to set aside the normal practice for a day following a public holiday and to schedule business for Tuesday.
Jim O'Keeffe (Cork South West, Fine Gael)
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The Government should show a bit of example.
Mary Coughlan (Donegal South West, Fianna Fail)
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The matter has been agreed by the Whips.
Mary Coughlan (Donegal South West, Fianna Fail)
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We are proposing the motion——
Paul Kehoe (Wexford, Fine Gael)
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It was not agreed. We were informed.
The Dail Divided:
For the motion: 67 (Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, Bobby Aylward, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Margaret Conlon, Seán Connick, Mary Coughlan, John Cregan, Ciarán Cuffe, Martin Cullen, John Curran, Noel Dempsey, Timmy Dooley, Frank Fahey, Michael Finneran, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Noel Grealish, Jackie Healy-Rae, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Séamus Kirk, Michael Kitt, Brian Lenihan Jnr, Conor Lenihan, Tom McEllistrim, Mattie McGrath, Michael McGrath, Martin Mansergh, Micheál Martin, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Charlie O'Connor, Willie O'Dea, Noel O'Flynn, Rory O'Hanlon, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Seán Power, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Noel Treacy, Mary Wallace, Mary White, Michael Woods)
Against the motion: 59 (Pat Breen, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Paul Connaughton, Noel Coonan, Joe Costello, Simon Coveney, Seymour Crawford, Lucinda Creighton, Michael D'Arcy, John Deasy, Jimmy Deenihan, Bernard Durkan, Damien English, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Dinny McGinley, Joe McHugh, Liz McManus, Olivia Mitchell, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Kieran O'Donnell, Fergus O'Dowd, Jim O'Keeffe, Brian O'Shea, Jan O'Sullivan, Willie Penrose, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton)
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.
11:00 am
Richard Bruton (Dublin North Central, Fine Gael)
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How does the Government intend to give legislative effect to two commitments it made yesterday? The first is to index the income limits for medical cards, which was not the practice in recent years, but I understand that is now Government policy. The second is to provide that no more than 5% of those aged over 70 will lose their medical cards. What legislative vehicle will be used for this? Will it be provided for in the Social Welfare Bill?
I refer to competition and consumer legislation. The Government did not increase tax credits for next year, a levy will be imposed on the low paid and it has piled on many charges on the lower paid. At the same time, there is strong evidence of rip offs in consumer markets. We have been told to expect the merger of the Competition Authority with the National Consumer Agency. Against a background, for example, where the price of diesel pre-tax has increased by 18% in Ireland with no corresponding increase in Europe over the same six-month period, when will the legislation be introduced to give effect to a stronger consumer-competition agency in order that we can have confidence these rip offs will be tackled by Government? Another rip off mooted in today's newspapers is an increase in the cost of motor insurance.
Mary Coughlan (Donegal South West, Fianna Fail)
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On the medical cards, to give effect to Government policy it will be necessary to provide in legislation for both the repeal of section 1 of the Health (Miscellaneous Provisions) Act 2001 and the withdrawal of eligibility from those currently in possession of medical cards under the Act whose income is above the threshold announced by the Government on Tuesday. This issue was raised by our colleagues in the Labour Party on the basis of the Interpretation Act, but that does not arise.
There has been an announcement to the effect that, in respect of those over 70 years of age, the thresholds will be annually reviewed to take cost of living increases into account during the Government's lifetime. A legislative measure is unnecessary.
On the Competition Authority——
Richard Bruton (Dublin North Central, Fine Gael)
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Is the Tánaiste saying that a legislative measure is unnecessary? This matter is mainly provided for by legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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Not on specific cost of living increases. One cannot legislate for those, but they can be facilitated.
Richard Bruton (Dublin North Central, Fine Gael)
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How can people trust the Government, which has not indexed thresholds in recent years?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Bruton has asked a question and the Tánaiste must be allowed to answer.
Joan Burton (Dublin West, Labour)
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Many taxes, such as capital taxes, are indexed in line with those increases.
Mary Coughlan (Donegal South West, Fianna Fail)
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We will repeal one item of legislation and introduce another.
Emmet Stagg (Kildare North, Labour)
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A double whammy for old age pensioners.
Mary Coughlan (Donegal South West, Fianna Fail)
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The Government has given an undertaking to review the thresholds annually to take cost of living increases into account during the Government's lifetime. This is the Government's comment on the matter.
Alan Shatter (Dublin South, Fine Gael)
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No one believes the Government's undertakings. Who would?
Noel Dempsey (Meath West, Fianna Fail)
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Deputy Shatter would not believe anything.
Mary Coughlan (Donegal South West, Fianna Fail)
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As I indicated, we will amalgamate the Competition Authority and the National Consumer Agency, NCA. Legislation covers the work of both. As the Deputy knows, I have requested that the NCA carry out work regarding the prices of diesel and petrol, an issue that has not only been expressed in the House, but by many consumers.
Richard Bruton (Dublin North Central, Fine Gael)
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The situation has worsened since the Government's announcement.
Mary Coughlan (Donegal South West, Fianna Fail)
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The work is ongoing and I hope to make further announcements in the near future. I am conducting work on the Competition Authority and its legislation in the context of overall competition legislation.
Bernard Durkan (Kildare North, Fine Gael)
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Not very effectively.
Mary Coughlan (Donegal South West, Fianna Fail)
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I must make a determination as to how the issue will be addressed in the amalgamation of the Competition Authority and the NCA. I also gave an undertaking to change the legislation, given the Government's decision on medical cards. I am addressing the issue and I hope to have a firm decision on the required legislative proposals shortly.
Eamon Gilmore (Dún Laoghaire, Labour)
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I would like more clarification on the legislative arrangements to withdraw medical cards from pensioners. The Tánaiste stated that two legislative measures will be required. The first will be a measure to repeal section 1 of the 2001 Act and the second will be required to withdraw the medical cards. Will these measures be made by way of separate legislation or does it remain the intention to include them in the social welfare Bill?
If the Government is introducing legislative measures to withdraw the medical cards from pensioners, why will it not legislatively underpin the commitment it supposedly gave yesterday to the effect that means test limits will be index linked? What of the arrangements for the social welfare Bill? From previous statements, I understood that the measures withdrawing the medical cards would be included in that Bill. Subsequently, we were told of some type of odd arrangement whereby the social welfare Bill would be introduced by two Ministers, one part by the Minister for Social and Family Affairs and the other part by the Minister for Health and Children. Will the issue be explained?
Noel Dempsey (Meath West, Fianna Fail)
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That is not what was stated.
Eamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise a matter with the Tánaiste that was also raised with her by my colleague, Deputy Burton, yesterday. I was surprised that the Tánaiste did not reply to the simple question. Deputy Burton asked whether the Christmas social welfare bonus would be paid this year.
Eamon Gilmore (Dún Laoghaire, Labour)
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When the Tánaiste replies to me, perhaps she will clarify the issue.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I did not find it surprising because the question was not in order.
Billy Timmins (Wicklow, Fine Gael)
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It is difficult to surprise the Ceann Comhairle.
Mary Coughlan (Donegal South West, Fianna Fail)
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To provide absolute clarity, I will read our position into the record again so that Deputies can get the blacks for next week. To give effect to Government policy, it will be necessary to provide in legislation for both the repeal of section 1 of the Health (Miscellaneous Provisions) Act 2001 and the withdrawal of eligibility from those currently in possession of medical cards under the Act whose income is above the threshold announced by the Government on Tuesday.
Joan Burton (Dublin West, Labour)
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What will be the name of the Bill?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Let the Tánaiste finish.
Mary Coughlan (Donegal South West, Fianna Fail)
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When I stood in the Chamber yesterday, I was adamant when I stated that it is currently the intention——
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Tánaiste was adamant on the budget as well.
Mary Coughlan (Donegal South West, Fianna Fail)
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——to facilitate the legislation as quickly as possible. To do so, the legislation to be put before the House at the beginning of November will be the social welfare Bill. As everyone knows, two Ministers cannot introduce one Bill. One Minister will take Second Stage——
Billy Timmins (Wicklow, Fine Gael)
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On that side, one Minister cannot even introduce legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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——and, when the debate turns to the issues appertaining to different Ministers, the Minister for Health and Children has indicated that she would be prepared——
Emmet Stagg (Kildare North, Labour)
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The other Minister, Deputy Hanafin, will not agree to do it.
Mary Coughlan (Donegal South West, Fianna Fail)
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——to introduce and address the specific health aspects.
Mary Coughlan (Donegal South West, Fianna Fail)
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So that everyone is clear, the——
Bernard Durkan (Kildare North, Fine Gael)
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Especially the Government.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Let the Tánaiste finish.
Mary Coughlan (Donegal South West, Fianna Fail)
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——thresholds announced in respect of the medical card for those over 70 years of age will be reviewed annually to take cost of living increases into account over the Government's lifetime. This is Government policy.
Emmet Stagg (Kildare North, Labour)
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The Government should include it in the Bill.
Mary Coughlan (Donegal South West, Fianna Fail)
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People will have plenty of time to discuss these issues in the context of the forthcoming legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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There is no legislation proposed on the final matter.
Eamon Gilmore (Dún Laoghaire, Labour)
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To follow on from that——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot follow on all morning.
Joan Burton (Dublin West, Labour)
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It is important. Some 15,000 people marched to Leinster House yesterday.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Gilmore should ask his question.
Eamon Gilmore (Dún Laoghaire, Labour)
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It is a question on the Order of Business. I am not trying to argue with anyone. It is now clear that the Bill to withdraw medical cards from pensioners will be introduced in the name of the Minister for Social and Family Affairs. This is my understanding.
Noel Dempsey (Meath West, Fianna Fail)
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After two days, we have got it through to the Deputy.
Eamon Gilmore (Dún Laoghaire, Labour)
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In ordering the business of the House, we must consider how this two-step system will work in practice on Committee Stage.
Noel Dempsey (Meath West, Fianna Fail)
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Will Deputy Gilmore start organising the Order of Business? That is the Whips' job.
Eamon Gilmore (Dún Laoghaire, Labour)
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On Committee Stage, one section may overlap with another and there can be all kinds of amendment that——
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am sure that Deputy Stagg will do a good job. I have every confidence in him.
Eamon Gilmore (Dún Laoghaire, Labour)
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He will, but it is an unusual arrangement.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Allow Deputy Stagg to handle it.
Noel Dempsey (Meath West, Fianna Fail)
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We will explain it slowly at the time.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Tánaiste stated that the means test limits will be reviewed, but this is not indexation. Reviewing them annually in the light of——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on.
Eamon Gilmore (Dún Laoghaire, Labour)
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It is not indexation. If someone voted in the Chamber last night in the belief that indexation had been guaranteed, he or she has been sadly misled.
Noel Dempsey (Meath West, Fianna Fail)
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The Deputy is getting into semantics.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must find another way to raise the matter because it is not in order. We must move on.
Eamon Gilmore (Dún Laoghaire, Labour)
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May I ask about the Christmas bonuses?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows that he cannot.
Eamon Gilmore (Dún Laoghaire, Labour)
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Will the Government pay pensioners and others the Christmas bonus?
John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on. Deputy Charles Flanagan is next. We cannot discuss the Christmas bonus now.
Emmet Stagg (Kildare North, Labour)
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If they were paid as the Tánaiste stated they would be——
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Charles Flanagan is next.
Charles Flanagan (Laois-Offaly, Fine Gael)
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It is pleasing to note that all of the light bulbs appear to be functioning properly because I would not dare ask the Tánaiste how many Ministers it might take to change one.
Pat Rabbitte (Dublin South West, Labour)
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The Deputy should ask the Minister for the Environment, Heritage and Local Government, Deputy Gormley, because he would want to install an energy saving bulb.
Charles Flanagan (Laois-Offaly, Fine Gael)
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He might have a bicycle for that. I seek the Ceann Comhairle's guidance on an issue that arose during yesterday's debate on the Morris tribunal.
John O'Donoghue (Kerry South, Ceann Comhairle)
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No, I will not return to previous debates.
Charles Flanagan (Laois-Offaly, Fine Gael)
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It is an important issue of order. A plant appeared in the Chamber in the form of a Fianna Fáil backbencher with a prepared and supplied script.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I will not allow the Deputy to go into that.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Ceann Comhairle is a former Minister for Justice, Equality and Law Reform——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We must proceed with the Order of Business. I have called Deputy Burton.
Bernard Durkan (Kildare North, Fine Gael)
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It is a serious matter.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The fingerprints of the Minister for Justice, Equality and Law Reform were all over that script.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Never mind the fingerprints, Deputy Flanagan.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Ceann Comhairle is a former Minister for Justice, Equality and Law Reform. As the guardian of Deputies' rights, I ask him to investigate——
John O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot be Inspector Clouseau in this House.
Charles Flanagan (Laois-Offaly, Fine Gael)
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——whether officials from the Department prepared the script. It is a very serious matter.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I will have to ask Deputy Flanagan to leave if he does not allow Deputy Burton to speak.
Charles Flanagan (Laois-Offaly, Fine Gael)
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It would be unprecedented for officials in the Department of Justice, Equality and Law Reform to be preparing scripts for Fianna Fáil backbenchers.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I have called Deputy Burton.
Charles Flanagan (Laois-Offaly, Fine Gael)
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I am asking the Ceann Comhairle, as Chairman of the Committee on Procedure and Privileges to protect the interest of Deputies.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am not rehashing yesterday's business. I do not want to have to ask Deputy Flanagan to leave, but he is completely out of order. I ask him to resume his seat.
Charles Flanagan (Laois-Offaly, Fine Gael)
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A vicious personal attack was made by a Deputy at the behest of the Minister for Justice, Equality and Law Reform.
Conor Lenihan (Dublin South West, Fianna Fail)
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Deputies on that side of the House are good at vicious attacks.
Joan Burton (Dublin West, Labour)
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I repeat my question of yesterday to the Tánaiste. When will the Christmas bonus be paid to pensioners? It is not guaranteed in legislation. Will provision be made in the Social Welfare Bill for the payment of the bonus?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy asked that question yesterday. I have to move on with the business of the House.
Joan Burton (Dublin West, Labour)
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Second, when will the Finance Bill be published? It is a complex item of legislation. As a result of the budget being brought forward, we will have little time to study it. As usual, it will probably contain nuggets for Fianna Fáil's friends in the development community.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order. The Tánaiste should respond to the question on the legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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The Finance Bill will be published on 20 November.
Joan Burton (Dublin West, Labour)
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I have a third question. What is the situation in regard to the Money Advice and Budgeting Service, MABS, and the provision for corporate social responsibility in the banking scheme? People are losing their jobs and have nowhere to go for advice on their mortgages.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order. If everybody did the same as Deputy Burton, the Order of Business would last until tomorrow night. I have called Deputy Higgins.
Joan Burton (Dublin West, Labour)
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The Tánaiste spoke to the bankers yesterday morning but she had nothing to say to people in danger of losing their homes. The Irish Banking Federation was made responsible for the scheme. People have nowhere to go for advice and assistance.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I will have to ask Deputy Burton to leave the Chamber if she does not give way to Deputy Higgins.
Joan Burton (Dublin West, Labour)
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Will the Minister for Finance brief the finance spokespersons on the situation in regard to MABS?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to find another way of raising that issue. I have called Deputy Higgins.
Emmet Stagg (Kildare North, Labour)
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On a point of order, the Deputy asked at least one legitimate question about the Finance Bill.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The relevant question was answered, as the Deputy well knows.
Mary Coughlan (Donegal South West, Fianna Fail)
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The Ceann Comhairle will have to be careful that Deputy Stagg does not take his job.
Michael D Higgins (Galway West, Labour)
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When will the designated land (housing development) Bill be taken? This is the so-called "use it or lose it" legislation to deal with land banks that have been lying idle.
On two occasions, I introduced legislation amending section 4 of the Competition Act. In both instances, the legislation was voted down by the Government on the basis that the review of competition legislation was not complete. The Tánaiste has announced her intention to amend the Competition Act. Will she publish a timetable for the legislative programme that flows from the agreement with the social partners, which includes collective bargaining rights and reform of section 4 of the Competition Act? If she wishes, for example, to take unto herself and the Government the right to negotiate in good faith, she could have accepted either of the two Labour Party Bills. She is now suggesting she will be able to take this power, but she has not indicated how she will do so. Will there be a comprehensive reform of the Competition Act which addresses section 4? If the Tánaiste does not provide clarity on this, she is simply saying she will have a sideways negotiation with the Irish Medical Organisation, IMO, without being able to deal with the comprehensive issue, namely, that the Competition Act struck down collective rights agreed in trade union legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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The Deputy is referring to two types of legislation. In regard to the agreement with the social partners, we very much welcome the decision by SIPTU and the affirmation by the EU regarding temporary agency workers. At this moment in time, we are in discussions with the social partners on a timeframe for the implementation of some of that legislation. However, I am not in a position to provide a date as to when that legislation will be brought forward. Once the discussions have been completed, we will bring forward the legislation as quickly as possible.
The Competition Act is a different issue. A review of that legislation is under way. The Competition Authority and the National Consumer Agency are to be amalgamated.
Michael D Higgins (Galway West, Labour)
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That is a different issue.
Mary Coughlan (Donegal South West, Fianna Fail)
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It is all the same issue. I do not intend to waste people's time by introducing three or four items of legislation when the best approach may be to introduce a single Bill. I am very cognisant of the existence of EU competition law and of the fact that my decisions must be made in that context, with advice from the Attorney General. Arising from the discussions with the IMO, I gave a political undertaking to amend the Competition Act. I stand over that commitment. We are dealing with a complex item of legislation. At the moment, I am trying to determine whether it would be best to incorporate the issues arising from the IMO decision in the existing legislation or to introduce additional legislation. My preferred option is to have one piece of legislation which would facilitate the review, the new instruments I wish to introduce and the amalgamation of the two authorities. I will speak to the Deputy privately once I have made that determination.
Michael D Higgins (Galway West, Labour)
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I look forward to that. However, the Tánaiste is saying she will take it upon herself to negotiate with the IMO without dealing with the collective bargaining issue which is at the heart of section 4 of the Act.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot discuss the content of the legislation. Otherwise, we would have a Second Stage speech from everybody.
Michael D Higgins (Galway West, Labour)
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It is an important issue.
Michael D Higgins (Galway West, Labour)
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The Tánaiste refuses to accept trade union rights.
Mary Coughlan (Donegal South West, Fianna Fail)
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That is not true.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The content of legislation cannot be discussed on the Order of Business. That is for another day.
Willie Penrose (Longford-Westmeath, Labour)
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In the context of the economic climate we are now experiencing and for the purposes of clarifying and simplifying the 13 complex items of company law legislation and the various statutory instruments and case law emanating thereunder, will the Tánaiste indicate the level of progress and the expected date of publication of the company law consolidation and reform Bill?
Mary Coughlan (Donegal South West, Fianna Fail)
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It will be published next year.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I keep hearing the words "at this moment in time" in the Tánaiste's responses. It is disconcerting given that in the last week, we have had many different moments in time. What she is signalling for the future has no certainty.
The Tánaiste stated in the Dáil yesterday that the legality of any legislation, changes to it and requirements within this House are done with the best legal advice from the Attorney General. In regard to the proposed repeal of section 1 of the Health (Miscellaneous Provisions) Act 2001 and the other facilitating legislation she has indicated this morning, what does her statement of yesterday mean? Has the Government yet received advice from the Attorney General? Did the Government seek his advice on the legislative measures necessary to give effect to——
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is out of order. Does the Deputy have a question on legislation?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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This is about legislation. Did the Government seek advice from the Attorney General in advance of the budget measures announced?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order.
Noel Dempsey (Meath West, Fianna Fail)
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The Deputy's question is not about legislation.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am not asking the Minister for Transport; I am asking the Tánaiste.
Noel Dempsey (Meath West, Fianna Fail)
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The Deputy is out of order.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I saw the Minister for Transport trying to direct the Ceann Comhairle earlier to cut off Deputy Higgins. Perhaps Deputy Dempsey would sit quietly for a moment; it would do him the world of good.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Ó Caoláin must put his question about the legislation and direct his questions through the Chair.
Noel Dempsey (Meath West, Fianna Fail)
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Deputy Ó Caoláin is out of order.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Perhaps the Chair would ask Deputy Dempsey to be quiet. With respect, I have the floor.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Yes, Deputy Ó Caoláin has the floor provided he is going to ask a question that is in order.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am asking the Tánaiste, if the Chair will give me the opportunity, for clarity in regard to whether she sought advice from the Attorney General in advance of the introduction of the measures in regard to medical cards for people aged 70 years.
Noel Dempsey (Meath West, Fianna Fail)
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Deputy Ó Caoláin is again out of order.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Dempsey, I will decide who is in order.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In regard to thresholds, will the Tánaiste clarify that the introduction of index linking in regard to thresholds will apply not only in respect of people aged over 70 years but to the qualification thresholds for all in regard to medical cards, although we have yet to see evidence this will happen at all?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I have given the Deputy a lot of latitude. The Deputy is not in order. I call Deputy Crawford.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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My final question is——
John O'Donoghue (Kerry South, Ceann Comhairle)
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No question the Deputy has asked so far has been in order.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have a further question and I expect the same respect as any other party or Deputy in this House.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is being afforded the same respect. In fact, I have given him a great deal of latitude.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Tánaiste cited on Tuesday in response to questions I put to her in regard to the Competition Act and the amendments as referred to here again this morning, the specific situation applying to the Irish Medical Organisation, IMO. I would like clarification that the intended amendments to the Competition Act will also facilitate the necessary engagement with the Irish Dental Association——
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot deal now with the content of legislation.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——with the Irish Pharmaceutical Union and with all others who have been excluded from their rights to representation——
John O'Donoghue (Kerry South, Ceann Comhairle)
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Perhaps the Tánaiste will state the position in regard to this legislation. We must move on.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——by the hosting agent, the HSE, over this long period.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Please, Deputy Ó Caoláin. When is the legislation promised?
Mary Coughlan (Donegal South West, Fianna Fail)
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No date has yet been agreed.
Noel Dempsey (Meath West, Fianna Fail)
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I told the Ceann Comhairle that Deputy Ó Caoláin was out of order.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Crawford.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am entitled to a response from the Tánaiste to the questions I have validly raised.
Noel Dempsey (Meath West, Fianna Fail)
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The Deputy is not entitled to an answer.
Mary Coughlan (Donegal South West, Fianna Fail)
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I answered two questions.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is not entitled to a response in regard to matters that are not in order. The Tánaiste has responded to the Deputy's questions relating to legislation.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There are matters in order which I expect the Tánaiste to address.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Crawford.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With respect, a Cheann Comhairle, I cannot accept this.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I have to ask the Deputy to resume his seat.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I know the Ceann Comhairle would like to silence me completely but I am asking for the same courtesy as any other Deputy.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I have to ask the Deputy to resume his seat and to allow Deputy Crawford in.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With respect, a Cheann Comhairle, Deputy Crawford and I are not in conflict.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Ó Caoláin has been given a great deal of latitude. He cannot remain standing while the Chair is on his feet, a long-standing precedent of this House.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Ceann Comhairle is supposed to be the protector of every Deputy.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the Deputy going to obey the Chair?
Noel Ahern (Dublin North West, Fianna Fail)
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Deputy Ó Caoláin is out of order.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Of course, I will accept that.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I ask that the Deputy resume his seat.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Ceann Comhairle would like to ask me to leave the House.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not what I wish to do.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is what he wishes to do.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Ceann Comhairle wishes I was not here at all——
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not true either.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——and Deputy Ferris and, perhaps, Deputy Ferris in particular.
John O'Donoghue (Kerry South, Ceann Comhairle)
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No, I find it very interesting——
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Chair instruct the Tánaiste to answer the valid questions I have asked?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I will have to ask Deputy Ó Caoláin to leave the House if this continues.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Is this section 31 again?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am going to have to ask the Deputy to leave the House if this continues.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Is it not enough that that is practised up there?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Crawford.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Chair ask the Tánaiste to respond to the valid questions I asked?
Mary Coughlan (Donegal South West, Fianna Fail)
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I have answered them.
Noel Dempsey (Meath West, Fianna Fail)
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The Deputy did not ask any questions.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Crawford. The Tánaiste has answered the questions.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Under whose direction is the Ceann Comhairle acting now?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Ó Caoláin must withdraw that remark.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Deputy Dempsey has been endeavouring to give direction to the Ceann Comhairle.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am asking the Deputy to withdraw that.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Withdraw what exactly?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I ask the Deputy to withdraw the remark, "whose direction are you operating under now?" because he knows I have been perfectly fair to him in every way possible.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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How could that be fair, a Cheann Comhairle?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the Deputy going to withdraw the remark?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Withdraw what?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I ask the Deputy to withdraw the statement that I am operating under the direction of another.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I do not know.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Will the Deputy withdraw it?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I will not put the Ceann Comhairle in the position that he believes he has been wronged. I will not do that.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Will the Deputy withdraw the remark?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am asking the Ceann Comhairle, as the protector of Members of the House to instruct the Tánaiste to respond to me.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I will deal with that matter. Will the Deputy withdraw the remark?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There are no aspersions attached to the Ceann Comhairle.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Thank you. I call Deputy Crawford.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I wish to raise three issues. During the past two days I and other Members of this House attended meetings of the British-Irish Inter-Parliamentary Body to discuss progress in Northern Ireland. George Mitchell played an enormous part in that.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I must be consistent. Deputy Crawford must ask about legislation.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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When will the George Mitchell Scholarship Fund Bill be brought before this House?
Clearly, provision was not made in the budget in respect of costs for a full year service of the nursing home support Bill.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Crawford must ask about legislation.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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When will that Bill be dealt with in this House?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call the Tánaiste to respond in regard to the two pieces of legislation mentioned.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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The third issue I want to raise is extremely important as far as we are concerned.
John O'Donoghue (Kerry South, Ceann Comhairle)
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It is almost 11.30 a.m.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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What is the position in regard to the eligibility for health and personal service Bill? People in the Cavan-Monaghan constituency do not appear to meet any eligibility criteria in terms of our health service.
Mary Coughlan (Donegal South West, Fianna Fail)
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The legislation in regard to the George Mitchell scholarship will be introduced next year. It is hoped to introduce the fair deal legislation fairly quickly. No date has been set in respect of the final piece of legislation.
Alan Shatter (Dublin South, Fine Gael)
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I want to raise two matters in connection with legislation.
Alan Shatter (Dublin South, Fine Gael)
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It is apparently a tradition for who ever happens to be the Minister for Justice, Equality and Law Reform in the Fianna Fáil-Progressive Democrats Government to every six months announce the Government is about to publish the DNA database Bill and to issue a press release which is then welcomed by the media and receives great coverage. Very often, it generates a repetitive editorial. The Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, did so in the past few days.
Will the Tánaiste indicate when that Bill will come before this House? Also, will she acknowledge this is an urgent necessity particularly in the area of sex crimes? The Garda Síochána are fighting criminals and conducting investigations with their hands tied behind their backs because we have no DNA database in respect of, for example, released sex offenders within the community.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Shatter cannot make a speech on the issue at this time.
Alan Shatter (Dublin South, Fine Gael)
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This is a particularly serious issue.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am aware of that. The Deputy should put his question in regard to the next piece of legislation.
Alan Shatter (Dublin South, Fine Gael)
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The Garda are encountering problems in investigating events. Does the Government intend to introduce legislation to limit the number of prosecutions taken annually by the Director of Public Prosecutions in the interests of saving money and of ensuring the criminal fraternity are not put under undue pressure during the recession?
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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It is proposed to introduce the DNA database Bill this session. There is no other legislation promised.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Rabbitte.
Pat Rabbitte (Dublin South West, Labour)
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On promised legislation in respect of the removal of the automatic entitlement to medical cards for those aged over 70 years, will the Tánaiste confirm if it is the case, as I was informed yesterday by doctors, that there exists in the contract signed by former Minister for Health and Children, Deputy Micheál Martin, with the doctors a term that the entitlement may not be removed——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We had this argument earlier on.
Pat Rabbitte (Dublin South West, Labour)
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——without the explicit agreement of the IMO? Does such a term exist in the contract and will the Tánaiste leave a copy of it in the Library for us to examine?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Rabbitte knows he must confine his questions to promised legislation. That matter is not in order.
Pat Rabbitte (Dublin South West, Labour)
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The matter relates to promised legislation.
John O'Donoghue (Kerry South, Ceann Comhairle)
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No, it relates to the content of the legislation. I call Deputy Reilly.
Pat Rabbitte (Dublin South West, Labour)
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Can the Tánaiste say if that is not true?
John O'Donoghue (Kerry South, Ceann Comhairle)
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No, she cannot. The Deputy is not in order.
Mary Coughlan (Donegal South West, Fianna Fail)
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I am not going to say anything.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Rabbitte must find another way of raising the matter. I call Deputy Reilly and ask that he stay in order.
Pat Rabbitte (Dublin South West, Labour)
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So, it is true that the former Minister for Health and Children, Deputy Micheál Martin, signed a contract that states doctors must agree to the removal of the entitlement before the Government can change it? That is unbelievable.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There are several other ways of raising the matter.
Pat Rabbitte (Dublin South West, Labour)
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I will come back to the matter.
Mary Coughlan (Donegal South West, Fianna Fail)
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Deputy Rabbitte can ring the Minister if he wishes.
James Reilly (Dublin North, Fine Gael)
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I seek clarification from the Tánaiste in respect of two pieces of legislation. A simple "Yes" or "No" answer to the question will do because as we know certain people believe they have letters of undertaking which are in the back of their cars on the way to Tipperary North.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should move on and ask about promised legislation.
James Reilly (Dublin North, Fine Gael)
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Will the Tánaiste do the House the courtesy of confirming today that the income thresholds under the medical card scheme which the Government wishes to change and remove from the elderly will be index linked and will not be reduced? A simple "Yes" or "No" will do.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That matter has been dealt with. Deputy Reilly must put a question in regard to legislation.
James Reilly (Dublin North, Fine Gael)
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My second question relates to the fair deal legislation. What does the Tánaiste mean by "fairly soon?" We were told before Christmas 2007 the legislation would be introduced "fairly soon".
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste on the fair deal legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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The fair deal legislation has been published. It is the Minister's intention to introduce it to the House as quickly as possible. The Whips will decide the matter. I can do no more than this.
P J Sheehan (Cork South West, Fine Gael)
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The people are getting a raw deal.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Durkan. There are open to Deputy Reilly other ways of raising the matter.
James Reilly (Dublin North, Fine Gael)
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The people want to know what is happening and the Tánaiste is refusing to answer.
Mary Coughlan (Donegal South West, Fianna Fail)
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I am not. I have already answered that question twice.
Bernard Durkan (Kildare North, Fine Gael)
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Notwithstanding the fact the Green Party is probably at this moment locked in mortal combat with its collective conscience might it be a good time for the Tánaiste to inform the House——
John O'Donoghue (Kerry South, Ceann Comhairle)
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No preambles, please. It is almost 11.30 a.m.
Bernard Durkan (Kildare North, Fine Gael)
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This is interesting, a Cheann Comhairle. I am sure the Ceann Comhairle will agree with what I have to say.
One of the Green Ministers is responsible for he provisional transfer of ownership of electricity transmission assets from the ESB to EirGrid. Perhaps the Tánaiste will inform the House of what is to be done in this regard and whether the draft heads of the Bill have been agreed and drafted.
Bernard Durkan (Kildare North, Fine Gael)
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That is an amorphous answer.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We now know where we stand.
Bernard Durkan (Kildare North, Fine Gael)
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The Tánaiste has no more information or nothing more positive to say in this regard.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is progress.
Bernard Durkan (Kildare North, Fine Gael)
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I have another question in regard to other promised legislation.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Stanton.
Bernard Durkan (Kildare North, Fine Gael)
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On promised legislation——
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Durkan, it is 11.30 a.m.
Bernard Durkan (Kildare North, Fine Gael)
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The criminal procedure (amendment) Bill has been around for some time and may give the Minister an opportunity to retract some of his weasel words from yesterday.
Mary Coughlan (Donegal South West, Fianna Fail)
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It will be dealt with next year. I am just facilitating the Deputy.
Bernard Durkan (Kildare North, Fine Gael)
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We will have to wait until then for the weasel words to be retracted. Is that right?
David Stanton (Cork East, Fine Gael)
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Based on a promise — or threat — in the budget to eliminate the Combat Poverty Agency, when will the Combat Poverty Agency Act 1986 be repealed?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in the area?
Mary Coughlan (Donegal South West, Fianna Fail)
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I am not aware of such legislation. I am not sure about it but I will come back to the Deputy.
Jan O'Sullivan (Limerick East, Labour)
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Medical card patients went through much trauma in the past year wondering if they would be able to get their medication because the HSE indicated it could not negotiate with the Irish Pharmaceutical Union because of the Competition Act.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must ask about legislation.
Jan O'Sullivan (Limerick East, Labour)
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I seek clarity on the issue raised by my colleague, Deputy Michael D. Higgins, as to what exactly the Tánaiste will do with the Competition Act. Will it allow public representative groups like the IPU, the IMO and actors' Equity——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss the content of legislation.
Jan O'Sullivan (Limerick East, Labour)
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Will it allow those groups to negotiate?
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot deal with the content of the legislation.
Jan O'Sullivan (Limerick East, Labour)
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The pharmacy issue is by no means solved.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have Second Stage speeches on the Order of Business. I have said that several times.
Jan O'Sullivan (Limerick East, Labour)
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The Tánaiste has not been clear on what she is doing with this legislation.
Jan O'Sullivan (Limerick East, Labour)
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I want to know if it is to be wider than just facilitating negotiations with the IMO.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I will move on.
Jan O'Sullivan (Limerick East, Labour)
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We are entitled to answers to questions about legislation.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Not on the content of legislation.
Jan O'Sullivan (Limerick East, Labour)
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We are entitled to clarity——
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Flanagan. We cannot have Second Stage speeches.
Jan O'Sullivan (Limerick East, Labour)
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——on what the Tánaiste will do on the legislation.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I told Deputy Michael D. Higgins that and I must be consistent. I call Deputy Terence Flanagan. I apologise, I mean to call Deputy Joe McHugh.
David Stanton (Cork East, Fine Gael)
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The Deputy looks a bit like Deputy Flanagan all right.
Joe McHugh (Donegal North East, Fine Gael)
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Perhaps I will speak on behalf of Deputy Flanagan. My first question is very simple and could be directed at the Ceann Comhairle. When will we get a new model of debate on the Order of Business as the current one is an archaic and primitive way of getting discourse and answers to questions?
David Stanton (Cork East, Fine Gael)
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It is a matter for the Whips.
Joe McHugh (Donegal North East, Fine Gael)
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Some €14,000 has been taken from the pockets of children or young teenagers with disabilities aged between 16 and 18 years of age.
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order at all.
Mary Coughlan (Donegal South West, Fianna Fail)
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Deputy McHugh will look after that.
Joe McHugh (Donegal North East, Fine Gael)
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Under No. 54, eligibility for health and personal social services Bill——
Mary Coughlan (Donegal South West, Fianna Fail)
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There is no date.
Joe McHugh (Donegal North East, Fine Gael)
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There were 29 recommendations——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into the legislation.
Joe McHugh (Donegal North East, Fine Gael)
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The Minister, Deputy Hanafin, put in one.
Mary Coughlan (Donegal South West, Fianna Fail)
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We have no date.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is no date.
Joe McHugh (Donegal North East, Fine Gael)
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With one recommendation, it is like selling a car with just a steering wheel.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is out of order and will have to find another way of raising that.
Joe McHugh (Donegal North East, Fine Gael)
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It is a cynical move by the Minister, Deputy Hanafin.
Emmet Stagg (Kildare North, Labour)
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The Tánaiste said earlier that the Finance Bill would be published on 20 November.
Emmet Stagg (Kildare North, Labour)
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We were told at the Whips' meeting it would be 30 November but maybe that is when it is scheduled for the House.
Emmet Stagg (Kildare North, Labour)
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That would leave a very short time to deal with the complexities of the Finance Bill in the House itself, on Committee Stage etc. It would only allow a short time coming up to the holidays. Perhaps the Tánaiste might clarify that.
The post-budget legislation that is now required and effectively promised arising from the budget contains at least 17 separate legislative measures as far as we can identify. It would seem absolutely impossible to avoid creating a legislative porridge and total mess where nobody could find anything in legislation unless there is separate legislation on each item. The schedule we got — usually a fair work of fiction anyway — can now be totally discarded because of the necessity for the Government to implement these 17 pieces of legislation.
Has the Government given any thought to giving us a new schedule arising from the need for 17 pieces of legislation, a record, to be introduced in the short term to implement the budget.
Mary Coughlan (Donegal South West, Fianna Fail)
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The Finance Bill will be published on 20 November and we hope to take it in the House on 30 November. I have the utmost respect for the competence of the Opposition spokespersons, who will be more than capable of addressing these issues very quickly. It is only Second Stage we are dealing with.
Joan Burton (Dublin West, Labour)
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I am good but I am not a superwoman.
Mary Coughlan (Donegal South West, Fianna Fail)
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It would be no problem to the Deputy. On the other issues, if we ever get out of here there will be a meeting of the legislative committee. I know it is at 5 p.m. but we will aim for that.
Mary Coughlan (Donegal South West, Fianna Fail)
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We will try to get out in time and determine a schedule. I heard much criticism that we did not have any legislation but we will now have plenty to do.
Bernard Durkan (Kildare North, Fine Gael)
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The Tánaiste should not be shy.