Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 10, motion re membership of committees; No. 16, statements on European Council, Brussels; and No. 17, Charities Bill 2007 — Order for Report and Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that No. 10 shall be decided without debate; the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes and shall be confined to the Taoiseach and to the main spokespersons for the Fine Gael Party, the Labour Party and Sinn Féin, who shall be called upon in that order, who may share their time and which shall not exceed 15 minutes in each case; immediately following the statements, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes. Private Members' business, which shall be No. 45, motion re educational cuts, shall be taken for 90 minutes at 7 p.m. or on the conclusion of No. 16, whichever is the later, and shall also take place tomorrow after the Order of Business and shall be brought to a conclusion after 90 minutes on that day.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal for dealing with No. 10 agreed?

Enda Kenny (Mayo, Fine Gael)
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I do not hold any brief for Deputies Joe Behan or Finian McGrath but I find this to be quite vindictive. I gave approval to the Minister for Foreign Affairs, Deputy Micheál Martin, when he sought concessions for the special sub-committee on the Lisbon treaty which is of considerable importance. I did not raise any racket about it because, as the Taoiseach is aware, for the committee to deal with and accommodate people who did not support the Lisbon treaty it was necessary to adjust the number of members upwards. I was not going to object to this.

As I stated, I do not hold any brief for the two non-Fianna Fáil Deputies——

Kathleen Lynch (Cork North Central, Labour)
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Non persons.

Enda Kenny (Mayo, Fine Gael)
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——but this is vindictive. If the Government wants to remove convenor's allowance is its own business. On this basis, I oppose No. 10.

Eamon Gilmore (Dún Laoghaire, Labour)
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I join with Deputy Kenny in opposing No. 10. This is a motion to sack Deputy Joe Behan from two committees and to sack Deputy Finian McGrath from one committee. The only reason this is on our Order Paper today is because they incurred the Government's displeasure for voting against the budget and budgetary measures. I consider the motion before us to be nasty, mean and vindictive on the part of the Government.

I also object to it because the Government is treating committees of the House as though they were committees of the Fianna Fáil parliamentary party.

Fergus O'Dowd (Louth, Fine Gael)
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Hear, hear.

Eamon Gilmore (Dún Laoghaire, Labour)
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These committees are committees of the House.

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

Eamon Gilmore (Dún Laoghaire, Labour)
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Members are on these committees as Members of Dáil Éireann. Committees of the House should not be treated as though they were the private property of the Fianna Fáil Party so that if a Member of the House incurs the displeasure of the Government a motion is brought before the House to kick him or her off whatever committee he or she is on. On these grounds the Labour Party opposes this motion.

Kathleen Lynch (Cork North Central, Labour)
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Does the Green Party support this?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I too strongly object to the Government's action to remove both Deputies Joe Behan and Finian McGrath from their respective committees. It is my understanding that every Member is entitled to participation on an Oireachtas committee. I see no proposition before us to accommodate Deputies Joe Behan and Finian McGrath on a different committee, one of their choice or on the committees in question as non-government participants.

There are fair and appropriate ways of dealing with this matter. This, however, appears to be a vexed act on the part of the Government in a matter of only a few days after the Deputies' decision to take a principled stand in opposition to the Government's budget measures. It is vindictive, does not respect the Deputies' democratic mandate or uphold their right to participate on an Oireachtas committee of their choice or as available. This should have been dealt with through negotiation by the Chief Whip with the two Deputies concerned rather than this proposition. It is wrong and is a slight not only on Deputies Joe Behan and Finian McGrath but on each Member. We in Sinn Féin have known the Government's approach to committee membership access following last year's general election.

Deputies:

Deputy Finian McGrath better hurry down from the Gallery into the Chamber. Come on Finian.

Jim O'Keeffe (Cork South West, Fine Gael)
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The Finian volunteers.

Pat Rabbitte (Dublin South West, Labour)
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Deputy Finian McGrath was a great contributor to committees.

Paul Kehoe (Wexford, Fine Gael)
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He better hurry on. The Taoiseach is just about to sack him.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I reject the idea that there is anything vindictive in this matter.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The reason——

Paul Kehoe (Wexford, Fine Gael)
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Is the Taoiseach going to sack Deputy Finian McGrath like he will sack the teachers?

P J Sheehan (Cork South West, Fine Gael)
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Is the Taoiseach going to do another U-turn?

Pádraic McCormack (Galway West, Fine Gael)
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Is the Taoiseach doing it?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Members are listened to in silence when they make a false charge and then start shouting when they hear the answer. These are legislative committees and the Government needs working majorities on them.

Fergus O'Dowd (Louth, Fine Gael)
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The Committee of Public Accounts is not one.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Members in question are members of other committees to which they contribute well. While we have had our political disagreements recently, I wish all the Deputies well.

Paul Kehoe (Wexford, Fine Gael)
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What about Deputy McGrath?

Brian Cowen (Laois-Offaly, Fianna Fail)
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That has always been my view. I do not hide my disappointment that we have lost their support. These are political decisions that must be taken and we all must move on.

Brendan Howlin (Wexford, Labour)
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I come not to praise Deputy Finian McGrath but to bury him.

Kathleen Lynch (Cork North Central, Labour)
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It is a vindictive act.

Brian Cowen (Laois-Offaly, Fianna Fail)
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That is a predictable charge to come from the other sides of the House.

Paul Kehoe (Wexford, Fine Gael)
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The Taoiseach is sacking him like the teachers.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Paul Kehoe, please.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is not true. The Government needs working majorities on legislative committees.

Michael D Higgins (Galway West, Labour)
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Deputy Finian McGrath was such a good legislator.

Kathleen Lynch (Cork North Central, Labour)
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We all legislate.

Pat Rabbitte (Dublin South West, Labour)
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One should have seen the way Deputy Finian McGrath operated.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Opposition knows that. If it were in this position, it would have to do the same.

Pat Rabbitte (Dublin South West, Labour)
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Happy Christmas Deputy Finian McGrath.

Ruairi Quinn (Dublin South East, Labour)
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It is a vindictive act.

Bernard Durkan (Kildare North, Fine Gael)
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Poor Deputy Finian McGrath.

Joe Costello (Dublin Central, Labour)
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Good luck Deputy Finian McGrath.

Ciarán Lynch (Cork South Central, Labour)
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The end of Finian's Rainbow.

Brian Cowen (Laois-Offaly, Fianna Fail)
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As for the other committees on which the Deputies in question are members, they will continue to contribute to them.

Deputies:

Deputy Finian McGrath wishes to contribute. Will the Ceann Comhairle allow him?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal for dealing with No. 16 agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed. I call Deputy Kenny on the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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Can the Taoiseach confirm when the Social Welfare Bill will come to the House, and can he confirm that the matter of dealing with an automatic right to medical cards will be dealt with within a section of that, but taken by the Minister for Health and Children? That is the understanding I had last week in the Taoiseach's absence when I asked this question.

Second, can the Taoiseach tell us the date when he expects the fair deal Bill dealing with long-stay nursing homes to be brought before the House?

Third, No. 43, the education Ireland Bill, is a Bill to regulate the provision of education services including the teaching of English as a foreign language to students here.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The lobby cannot be used as a conversation point while the Order of Business is proceeding.

Enda Kenny (Mayo, Fine Gael)
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It seems a little unusual that on the one hand the Government intends to bring in a Bill to teach English as a foreign language and on the other it is withdrawing teachers who are teaching English to foreign students.

John O'Donoghue (Kerry South, Ceann Comhairle)
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On the legislation, the Taoiseach.

Brian Cowen (Laois-Offaly, Fianna Fail)
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They are two different objectives. The education Ireland Bill will be introduced next year. The Whips will be meeting on the business next week and the week after. More than likely, the fair deal Bill will probably come into the House the week after next.

On the Social Welfare Bill, the date of its introduction will be announced by the Minister for Social and Family Affairs in due course and will come to the House as soon as agreed by the Whips.

On the question of the medical card provision, that will be dealt with in separate health legislation by the Minister for Health and Children.

Eamon Gilmore (Dún Laoghaire, Labour)
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Will the Taoiseach clarify the point raised by Deputy Rabbitte in earlier questions about whether AIB and Bank of Ireland——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now, as Deputy Gilmore well knows.

Eamon Gilmore (Dún Laoghaire, Labour)
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——are covered by the guarantee scheme?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Sorry, Deputy Gilmore. You cannot ask that question now because that is a question for Question Time and it was properly asked at that time. We cannot go into it on the Order of Business. That must be dealt with in another way. I could not allow that, I am sorry.

Eamon Gilmore (Dún Laoghaire, Labour)
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I have just asked it.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I know that. It is not in order.

Eamon Gilmore (Dún Laoghaire, Labour)
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Maybe the Taoiseach would like to reply to it.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Let me put it this way, we cannot facilitate a debate on an incorrect report.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Rabbitte asked a question about that and he received an answer. I must move on with the Order of Business. I have several Deputies offering, as Deputy Gilmore knows.

Eamon Gilmore (Dún Laoghaire, Labour)
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Can I ask the Taoiseach a question while he is thinking about an answer to the question I asked him?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I have answered.

Eamon Gilmore (Dún Laoghaire, Labour)
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When will the Taoiseach move the writ for the Dublin South by-election?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Not soon.

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is very interesting as well.

Michael D Higgins (Galway West, Labour)
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Last weekend the Tánaiste undertook to give me a reply on the subject of the legislative programme that had been agreed between the Government and the social partners and, specifically, the legislation on collective bargaining. In addition, she agreed to provide information on the proposals for the Competition Authority and whether there would be an amendment of section 4 of the Competition Act. She has had no contact with me. Aside from the disappointment of not having the private session she promised, I must ask again whether it is the intention of Government to publish the legislative programme arising from its undertakings to the social partners. Is it the intention in this session or the next to publish collective bargaining legislation? Specifically, when will the competition (amendment) Bill, to which the Minister referred, be published, and will it include an amendment of section 4 of the original Act?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand both the compliance Bill and the competition (amendment) Bill will be introduced next year.

Michael D Higgins (Galway West, Labour)
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The Tánaiste suggested she needed amending legislation to enable her to talk to the Irish Medical Organisation. If there is to be no amendment to the Competition Act, does this mean she will have no such talks with the IMO?

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot talk about that now. There is not a hope.

Jan O'Sullivan (Limerick East, Labour)
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The Taoiseach has just told Deputy Kenny that the provisions removing the entitlement to the medical card from the over 70s will now be included in separate health legislation rather than in the social welfare Bill. Could the Taoiseach tell us whether this is to be a straightforward amendment of the 2001 Act or new legislation to remove the cards from those currently over 70?

Brian Cowen (Laois-Offaly, Fianna Fail)
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A change to the legal basis for entitlement is required, which will involve an amendment to the 2001 Act.

Jan O'Sullivan (Limerick East, Labour)
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Will there be new legislation as well?

Brian Cowen (Laois-Offaly, Fianna Fail)
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We will bring in a health (miscellaneous provisions) Bill to deal with it.

Jan O'Sullivan (Limerick East, Labour)
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Is there any timeframe? I am sorry, a Cheann Comhairle, but I do not think the Taoiseach mentioned a timeframe.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It will be before 1 January.

Joan Burton (Dublin West, Labour)
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Will the Minister for Finance make a statement in the House with regard to the changes in the credit institutions (financial support) scheme, which has been posted on the Department's website?

John O'Donoghue (Kerry South, Ceann Comhairle)
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I have explained on a number of occasions that we cannot have these questions.

Joan Burton (Dublin West, Labour)
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There was an extraordinary event on Friday in which an insurance company and persons connected with it were fined significant amounts of money.

John O'Donoghue (Kerry South, Ceann Comhairle)
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If we discussed every extraordinary event in the House we would never finish the Order of Business.

Joan Burton (Dublin West, Labour)
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Will the Minister come to the House to make a statement on this?

John O'Donoghue (Kerry South, Ceann Comhairle)
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If the Deputy has a question that is in order she should let me know.

Joan Burton (Dublin West, Labour)
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Not since Robert Maxwell have we had an event such as this in an insurance company——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I do not care whether it is Rupert Murdoch or Robert Maxwell, it is not in order now.

Joan Burton (Dublin West, Labour)
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——in this or the neighbouring jurisdiction. Will the Minister make a statement in the House?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to find another way of raising that matter as it is not in order.

Joan Burton (Dublin West, Labour)
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Will the Minister come to the House and make a statement about this extraordinary state of affairs?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Shortall on legislation, I hope.

Róisín Shortall (Dublin North West, Labour)
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When is it intended to publish the social welfare Bill? Will the Government follow the normal practice of having two social welfare Bills to give effect to the changes announced in the budget?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand the social welfare Bill will be published next Monday.

Róisín Shortall (Dublin North West, Labour)
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Will it be just one Bill?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Presumably, yes.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Against the background of the damning report today in the Irish Examiner on child care facilities, is legislation promised to address the issue of child care needs? Specifically, will the Taoiseach accommodate a full Dáil debate on the new community child care subvention scheme, which is having a serious effect on child care facilities throughout the country?

Finally, my last question——

John O'Donoghue (Kerry South, Ceann Comhairle)
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Try to be in order this time.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Cabinet today dealt with the report on remuneration of GPs for medical card services for the over 70s. Can we have a clear idea of when it is intended to introduce a competition Bill to facilitate proper engagement with the IMO, the Irish Pharmacy Union, the Irish Dental Association and others?

Brian Cowen (Laois-Offaly, Fianna Fail)
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With regard to the question of amendments to the Competition Act, the undertaking, which is specific to the IMO, has been given and, as the Tánaiste has indicated, the legislation will be enacted next year. Perhaps a parliamentary question to the Minister for Health and Children will elicit an accurate reply on the child care regulatory situation.

Michael Creed (Cork North West, Fine Gael)
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When will the animal health and welfare Bill be published? Is it proposed that the issue of licensing of puppy farms will be dealt with through this legislation rather than through the Department of the Environment, Heritage and Local Government?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware of the details of the Bill, but consultations have been completed and submissions are being considered at the moment.

Michael Creed (Cork North West, Fine Gael)
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Will it be this session?

Brian Cowen (Laois-Offaly, Fianna Fail)
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As I said, the discussions have just been finished.

Bernard Allen (Cork North Central, Fine Gael)
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In early summer the chairperson of the Cork Airport Authority resigned. Yesterday Ms Glucksman, another board member, resigned, and a third member has unfortunately died.

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is unfortunate, but we cannot discuss it now.

Bernard Allen (Cork North Central, Fine Gael)
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When will the Government appoint a new chairperson of the Cork Airport Authority, and when will the other vacancies be filled?

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

Bernard Durkan (Kildare North, Fine Gael)
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Could I be of some assistance to the Taoiseach in these sensitive and unstable times? The eligibility for health and personal social services Bill, No. 54, is promised to clarify and update the present provisions relating to eligibility for health and personal social services. That could be very enlightening in terms of eligibility for medical cards among the over 70s——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I ask the Deputy to ask his question.

Bernard Durkan (Kildare North, Fine Gael)
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——and various other services that are being curtailed surreptitiously at the moment. In the context of the present debate, could the Taoiseach give some indication to the House as to whether he might introduce this Bill? It may assuage many fears.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Unfortunately, there is no date for that legislation.

Bernard Durkan (Kildare North, Fine Gael)
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That is unfortunate.

Emmet Stagg (Kildare North, Labour)
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I ask the Taoiseach whether there are legislative proposals concerning the archaic ward of court laws. It is generally accepted there are plans in the Department for this, but I am not sure at what point they are. Is it intended to introduce legislation in the near future?

John O'Donoghue (Kerry South, Ceann Comhairle)
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We can only ask questions on legislation that is actually promised. If people want to find out whether legislation is promised they can put down a question.

Emmet Stagg (Kildare North, Labour)
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It might be promised and I might not know about it.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I cannot assist the Deputy as I do not know whether it is promised. We will check it out.

Deputies:

It might be a broken promise.

Michael D Higgins (Galway West, Labour)
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It will be after the competition Bill, I suppose.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The route I suggested of putting down a question to find out whether it is promised might help.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is a top priority.

David Stanton (Cork East, Fine Gael)
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With regard to the query of my colleague Deputy Allen, I understand that secondary legislation——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is being creative and imaginative.

David Stanton (Cork East, Fine Gael)
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On a point of order, a Cheann Comhairle, does this not refer to a ministerial order, which is secondary legislation? Is it not in order to ask that in the House?

John O'Donoghue (Kerry South, Ceann Comhairle)
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If the Deputy wishes to ask whether secondary legislation is promised——

David Stanton (Cork East, Fine Gael)
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That is what I am asking. When will that secondary legislation be introduced?

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

Brian Cowen (Laois-Offaly, Fianna Fail)
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No.

James Bannon (Longford-Westmeath, Fine Gael)
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We need more than cycling incentives to protect our environment. When can we expect the transport regulation Bill, which will facilitate a reduction in CO2 emissions, to come before the House?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The public transport regulation Bill is due for next year. Is that the Bill to which the Deputy is referring?

James Bannon (Longford-Westmeath, Fine Gael)
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No, it is the transport regulation Bill.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Next year, I understand, at the earliest.