Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 4: To ask the Taoiseach what is his Department's legislative programme for the current Dáil session; and if he will make a statement on the matter. [29530/08]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 5: To ask the Taoiseach his legislative priorities for the remainder of the 30th Dáil; and if he will make a statement on the matter. [32381/08]

Enda Kenny (Mayo, Fine Gael)
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Question 6: To ask the Taoiseach his legislative priorities for the remainder of 2008. [32691/08]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 4 to 6, inclusive, together.

My Department currently has one item of legislation on the B list of the Government legislation programme, the Statute Law Revision Bill. That is the latest element in the statute law revision project.

In preparation for the Bill, work has been completed on the analysis of local and personal Acts up to and including 1850, and private Acts up to and including 1750. It is intended that the Bill dealing with those Acts will be published next year. Following the Bill's publication and enactment, further elements of the project will be postponed until more funds become available.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In the White Paper on regulatory reform, there is a list of actions relating to the legislative process. I raised with the Taoiseach's predecessor on many occasions the requirement to have prior sight of the heads of a Bill by Members of these Houses. The Taoiseach's predecessor gave repeated commitments that, where at all possible, he would take a proactive position in encouraging Ministers in the various Departments to respond positively to my and other Deputies' requests in this regard.

Does the Taoiseach accept that it can often be a difficult and challenging period for Opposition Deputies between sight of legislation and when they must respond in the House because often very little time is provided for that? In terms of improving the engagement and contribution of Opposition Members, does the Taoiseach accept that the publication of the heads of a Bill in advance, giving a sense of the content, focus and address of the legislation, would be of huge benefit and would significantly contribute to an improved quality of discussion on the floor of the House?

What steps has the Taoiseach taken to endeavour to build on the stated position of the former Taoiseach? Does he accept there has been little evidence of any co-operation with the former Taoiseach's stated view on the matter? Does he also accept that in most cases we do not have sight of the heads of the Bills and that the stated intent of the former Taoiseach has not been met by the actions of the various Ministers and Departments?

I am sorry the Ceann Comhairle is absent for my next point. I beg the indulgence of the Leas-Cheann Comhairle to record my welcome of recent correspondence from the Ceann Comhairle signalling the advent of preparatory committees in both the Houses of the Oireachtas and, correspondingly, in the Assembly in Belfast working towards the all-Ireland interparliamentary forum. I welcome that development. Could the Taoiseach indicate whether legislation is required for the establishment of the all-Ireland interparliamentary forum and the all-Ireland civic forum, both of which are promised entities under the terms of the Good Friday Agreement?

Brian Cowen (Laois-Offaly, Fianna Fail)
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On the second part of the Deputy's question, I do not believe legislation will be required. I am not sure that a statutory basis should be provided when establishing a forum but obviously the preparatory committees in both the Oireachtas and the Assembly in Northern Ireland can consider the means by which it can be put in place.

I welcome the establishment, at the earliest possible opportunity, of the civic forum and the interparliamentary forum. They will be very important given recent welcome developments in terms of consolidating the political work envisaged under the respective agreements. This work is such that we can propose common solutions to common problems as they arise and make use of parliamentary interaction that I, as one of the original members of the British-Irish parliamentary forum, regarded as very important. It was a very important, behind-the-scenes, under the radar forum where we got to know people a lot better and in respect of which far better understanding developed regarding British-Irish affairs generally. I would very much welcome the establishment of the fora as soon as possible. I wish well the preparatory committees that are working on this matter.

On the question on heads of Bills, I will check where commitments were given by the former Taoiseach in this regard. Perhaps Deputy Ó Caoláin might refer to previous parliamentary debates, if he can recall them, in which the former Taoiseach had something to say about this matter. There probably should be room for more discussion and for making much better use of our committee system in this respect. The Deputy made the point that there is sometimes very little time in which Government or Opposition Deputies can make a contribution between the publication of a Bill and its consideration on the floor of the House, and sometimes its speedy enactment.

On the Order of Business, Members often complain about the delay in bringing Bills forward for publication. There is, therefore, considerable time between the announcement of impending legislation and its subsequent publication in which Deputies can inquire into the state of play regarding that legislation. They can do so through correspondence, the use of the committee system when the Minister is before a committee, or during Question Time or the Adjournment. There are other means by which information can be gleaned under the Standing Orders of the House rather than by doing so on the Order of Business, which I believe is sometimes over-utilised for this purpose. While there may be a short timeframe between the publication and enactment of a Bill, there is usually a very long timeframe between its announcement and publication, thus enabling Deputies to acquaint themselves with the progress being made during the drafting process.

The provision of heads of Bills would have to be considered on a case-by-case basis. With regard to certain legislation, the publication of the heads might prejudice certain people in the sector in question by giving them prior knowledge or a competitive advantage, although what they find out at that stage might not reflect the full, comprehensive thinking of the Government on the specific issue in question. The heads of a Bill might indicate the general areas that are being considered but the legal phraseology in the sections of the Bill might have a far greater or lesser impact, depending on the intent of the Minister. Therefore, the heads of the Bill do not often give one an accurate read although I take the point they would give one an overall orientation regarding the intent of the Government or relevant Department regarding legislation as it is being developed. As a Member of this House, I agree and have always believed that we must encourage fuller participation of all Members of the House in respect of all work in the House, including the legislative work. The committee system, used well, effectively and in a co-ordinated way, affords an excellent opportunity to Members to do that.

I accept the point that unless legislation is taken in plenary session, the difficulty that arises in trying to seek public attention for what one has to say is not proportionate to the effort many Deputies on all sides make in trying to enact legislation that would be effective on its signature by the President. I am generally very supportive of any means by which we can assist Deputies to acquaint themselves with legislation and make a full contribution thereon. I acknowledge that this objective often falls short of being met in practice in that, when Bills are published, they sometimes require rather speedy enactment because of difficulties that arise or because of the requirement to plug a loophole immediately. I am not opposed to what has been said but each Bill must be considered on a case-by-case basis. I hear what the Deputy is saying.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With regard to the time factor, does the Taoiseach accept that, while Deputies endeavour to inform themselves of the intent and thrust of legislation, the provision of its heads would represent a significant improvement over the current practice whereby a very poor opportunity is presented to them on the Order of Business to ask questions on promised legislation? The Ceann Comhairle and Leas-Cheann Comhairle, by virtue of a Standing Order, restrict us to very particular lines of questioning in respect of potential, possible or signalled dates of publication. Does the Taoiseach accept that I am reflecting a view I believe is held by Deputies of all parties, that is, that the heads of a Bill would be of major assistance? Will he confirm that he will check the commitments made by the former Taoiseach? They were made on the floor of this Chamber on a number of occasions.

With regard to a matter very much in evidence in the course of Leaders' Questions this morning, does the Taoiseach envisage legislation from his Department arising from the work of the task force on the public service?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The report of the task force on the public service identified a range of actions that will require enabling statutory provision. It is likely, however, that as the report's recommendations are implemented, the case for further legislative provision will arise. The forthcoming White Paper on local government will also necessitate new legislation, which may provide an opportune vehicle for some of the changes proposed by the task force.

The actions include an obligation on Departments to review the mandates of State bodies at five-year intervals; changes in the reporting requirements of State agencies; the reorganisation, merger or abolition of State agencies; the removal of barriers to staff mobility and redeployment; the reinforcement, if necessary, of the county level, or groups of counties, as the basis for planning and service delivery; to enhance the powers of local government and other bodies to lead, co-ordinate or deliver services on behalf of other agencies; the possible formal delegation of financial and other responsibilities to public service managers — this would include the delegation of financial authority, responsibility and associated accountability to the lowest feasible level; and the requirement to produce an annual report on the state of the public service. The implementation phase, as the Deputy knows, commences immediately and will be overseen by a Cabinet committee, chaired by me, which will be considering the legislative provisions required in due course.

Eamon Gilmore (Dún Laoghaire, Labour)
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Can the Taoiseach explain why his Ministers are so bad and so slow at producing legislation? The current legislative programme lists 19 Bills that are supposed to be published this session, but only six have been published to date. I examined the list of promised legislation published in May 2003. A minerals development Bill was supposed to appear in 2004 and we are now told it will not appear until mid-2009. A national monuments Bill was supposed to appear in late 2003 and we are now told it is not possible to say when it will appear. A nurses and midwives Bill, a judicial council Bill, a Curragh of Kildare Bill and a landlord and tenant Bill were supposed to appear in 2004, but none of these has appeared.

The Taoiseach appointed additional Ministers of State. What are they doing and why are they not producing the legislation that they and the Government promised would appear four years ago? Are their travel commitments so exhausting that they are suffering from jet lag and cannot prepare the legislation when they return home? What is the problem?

Willie O'Dea (Limerick East, Fianna Fail)
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The Labour Party did not do any better.

Brendan Howlin (Wexford, Labour)
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These questions relate to the Department of the Taoiseach.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am aware that on one occasion there was a Minister of State in the Department of Fisheries who was regarded as an outstanding drafter of legislation. I understand his name was Deputy Eamon Gilmore.

Eamon Gilmore (Dún Laoghaire, Labour)
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I thank the Taoiseach for the very fine compliment.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am just making the point that when the Deputy recalls his own particular skillsets, drafting legislation was not one of them.

Tommy Broughan (Dublin North East, Labour)
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What about the agriculture Bill?

Enda Kenny (Mayo, Fine Gael)
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That is unfair. It is like any other skill.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is not unfair but was offered in the same spirit in which the question was asked.

The legislative priorities for the Government——

Eamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach is an expert this morning.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am more resilient that he thinks.

The legislative priorities for the Government in the current session are as per the A list which was published in September 2008. Five of those Bills have been published and a further three that were not on the list were published. We will review the priorities for the next session in the normal course and a new list will be published in January. The focus from now to 2012 must be in implementing the programme for Government as resources allow. A number of consolidation and restatement projects are continuing.

On a general level, I take the point made by the Deputy. Legislative priorities change according as needs arise. I cannot explain each on a personal basis and it is beyond the remit of the question. However, I am sure that if one were to put down questions for Ministers one might glean why the journey for any particular legislation is so long and meandering. In many respects, the reason is that Ministers and Government and Opposition parties have identified other priorities beyond those mentioned.

There is also the fact that drafting legislation is a highly specialised craft. This bedevils consecutive Governments and I know the matter has been worked on by Governments anxious to improve performance in this area. The training and upskilling of people from within the system requires continuing effort. As Deputies know, there are many people who have retired from the service and that without their continuing effort beyond retirement we would be left in a very difficult situation regarding some of these issues.

However, it is a point. I can ask the Chief Whip to come back to me on the present state of play concerning drafters of legislation in the system.

Eamon Gilmore (Dún Laoghaire, Labour)
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When the Taoiseach was in reflective mood responding to Deputy Ó Caoláin, he talked about the value of the committee system and the very valuable work that is done on legislation in committees. I agree with him about that. However, there is legislation which the Government stated it wished to have enacted before the end of the year, namely, the Bill to take the medical card from pensioners.

After this week there will be only six sitting days before Christmas. I am sure the Taoiseach will agree this important legislation should get the fullest debate and examination in the House, on Committee Stage and other stages. When will the Government publish the Bill in which it threatened to take the medical card from pensioners? How much time will be provided in the House for that Bill to be debated? Is the Government going to try to railroad it through and get it passed in the middle of the night in the hope that nobody will notice it?

Brendan Howlin (Wexford, Labour)
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That is more properly a question for the line Minister or for the Order of Business, rather than one that relates to legislation in the Taoiseach's Department.

Eamon Gilmore (Dún Laoghaire, Labour)
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Perhaps the Taoiseach wants to answer it.

Brian Cowen (Laois-Offaly, Fianna Fail)
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For the purpose of shortening the Order of Business——

Eamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach wants to get out of here.

Brian Cowen (Laois-Offaly, Fianna Fail)
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——which I would greatly welcome, I will answer. That Bill was approved by Government this week. Its purpose, simply, is to amend the Health Acts in respect of the automatic entitlement, regarding means. As the Deputy knows, the reforms we are to introduce mean that 19 of 20 existing cardholders will retain their medical card entitlement. The change will concern people on incomes well above €75,000. That would be the cut off limit for a medical card for people over 70 years of age.

Eamon Gilmore (Dún Laoghaire, Labour)
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Does the €75,000 limit refer to an individual or to a couple?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I will check——

Willie O'Dea (Limerick East, Fianna Fail)
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It refers to a couple. The limit is €75,000 for a couple and half that amount for an individual.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy will be aware of the public announcements concerning this matter. The Bill will reflect the announcements made at the time. The welcome reform of the fee arrangements with general practitioners has enabled us to ensure that the impact will be minimal on those who were in receipt of medical cards in the past, regardless of means. Those in that age group who require medical cards will retain their cards.

It is important that the Bill be enacted before Christmas for the reasons I have given. It will bring certainty to the issue. There is no reason why this should not take place before the end of the session. It is a matter for the Whips to work out the arrangements but it is the intention of Government to enact the legislation. This is consistent with the public announcements which have been well articulated and communicated to the public at this stage.

Eamon Gilmore (Dún Laoghaire, Labour)
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When will the Bill be published?

Brian Cowen (Laois-Offaly, Fianna Fail)
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This week.

Enda Kenny (Mayo, Fine Gael)
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The Taoiseach's jet is warming up for him before he heads away. It might be appropriate if he briefed the Members on the Opposition side about the elements of the solution he will discuss with the French, the Swedish and the Finnish. That might be in everybody's interest.

The Taoiseach mentioned the promotion of Deputies who work in committees. What is the position of reform in the Dáil? I understand the Whip has proposals for a parliamentary channel that would cover Dáil, Seanad and committee work, as a public service dealing with legislation under the Taoiseach's Department and other Departments. Deputies on all sides of the House are locked away in committee rooms for considerable periods and receive no coverage. I genuinely believe a public service could be provided if we had our own unadulterated Oireachtas channel. The message from all parties——

Brian Cowen (Laois-Offaly, Fianna Fail)
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Edited slightly.

Bernard Durkan (Kildare North, Fine Gael)
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Not even slightly.

Enda Kenny (Mayo, Fine Gael)
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Perhaps edited slightly. I merely make that point because it might be in everybody's interest.

An amendment to the Competition Act 2002 is required because consultations must be entered into with the Irish Medical Organisation. This follows the Government's decision to make changes in respect of medical cards for those aged over 70. Yesterday the Government approved the Bill concerning medical cards. Can the Taoiseach give any indication when the legislative changes dealing with the IMO on this matter will take place? Direct talks with general practitioners will be required. Is it intended to include the Dental Association and the Irish Pharmaceutical Union in that legislation? Those bodies are central to the issue.

Brendan Howlin (Wexford, Labour)
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If the Taoiseach is to answer during his Questions Time questions on legislation that are intended for line Ministers, he is opening a precedent.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Leas-Cheann Comhairle is being a little punitive. I am making an effort to be co-operative.

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

Enda Kenny (Mayo, Fine Gael)
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The Taoiseach has had his breakfast.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I could have sought the protection of the Leas-Cheann Comhairle but——

Brendan Howlin (Wexford, Labour)
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I am happy to give the Taoiseach as much latitude as he would like.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Perhaps the word "precedent" should be struck from the record.

I refer Deputy Kenny to the statement made by Government at the time on these matters. It involved a commitment to work to see if we could bring forward a provision under the Competition Act that would be consistent with EU law. That is where the issue must begin and that was in the public statement. The organisation concerned would be well aware of the nature of the commitment and the bona fides of Government to work in that respect. However, legislation must be consistent with EU law and therefore the question of its publication can only arise when that issue has been resolved and dealt with after further discussion. On the basis of the implementation of these arrangements, a statutory basis is being sought in the context of publication of the Bill and its enactment before the end of this term.

With regard to other organisations, the commitment relates to the IMO, based on legal advice. One cannot assume, because of the nature of the activities of other professional organisations, that they come under the same umbrella. It is not necessarily the case.