Dáil debates
Wednesday, 10 December 2008
Order of Business
11:00 am
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 10, motion re proposed approval by Dáil Éireann of a Council Decision on the strengthening of Eurojust amending Council Decision 2002/187/JHA, back from committee; and No. 2, Health Bill 2008 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m; No. 10 shall be decided without debate; and Private Members' business shall be No. 60, motion re consumer issues (resumed), to conclude at 8.30 p.m. if not previously concluded.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed to? Agreed.
Is the proposal for dealing with No. 10 without debate, motion re proposed approval by Dáil Éireann of a Council Decision on Eurojust agreed to?
Enda Kenny (Mayo, Fine Gael)
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Regarding No. 2, the Order for Second Stage of the Health Bill 2008, I made the point that I would object to this if the Bill was guillotined. Can the Taoiseach confirm it will not be guillotined on Second Stage? I have heard many Government Deputies down the country saying the decision on withdrawing medical cards from persons over 70 was wrong. I would like them to have the opportunity to repeat that in the Dáil. I will object to this if Second Stage is to be guillotined. I regard the Bill as the betrayal of the elderly. They were given a specific assurance by the Government that, on reaching 70 years of age, they would be given a medical card for the part they played in building up this country and sustaining it. This Bill gives legal effect to taking away what had become a right for them. They felt insulted and betrayed as a consequence. If the Taoiseach assures me that the Bill will not be guillotined on Second Stage, we will not object to it but I will vote against it now if the Bill is to be guillotined.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The proposal before the House relates to No. 10 being dealt with without debate. There is no proposal in respect of the guillotining of any Bill before the House.
Enda Kenny (Mayo, Fine Gael)
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I have no problem with No. 10 but I have a problem with No. 2. The reason I raised it yesterday is that I must go to the European People's Party meeting in Brussels and I will not be here in the morning. I wanted to make the case clear today.
Eamon Gilmore (Dún Laoghaire, Labour)
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I support Deputy Kenny's point that this Bill should not be guillotined. In fact, this Bill should not be before the House at all. Deputy Jan O'Sullivan will deal with that when we address its content. This is the Bill to provide for the withdrawal of medical cards from some pensioners. It is a scandalous item of legislation to bring before the House. The revised schedule, giving us advance notice of business for the week, tells us that it is the Government's intention to guillotine this Bill at 1.30 p.m. tomorrow. There is no proposal on this before us this morning but we can see the guillotine in the distance. It will be applied at 1.30 p.m. tomorrow. That is what the Labour Party Whip has been told. In those circumstances, the Labour Party cannot agree to taking this Bill.
12:00 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not only a case of the guillotine, this Bill should not be on the Order Paper, full stop and end of story. This Health Bill is a further step from the provision of universal health care for all citizens on the basis of need. It is absolutely objectionable because it excludes a sector of the over 70s from its automatic entitlement to a medical card that has heretofore, as a result of a previous Government decision, been afforded full access to the medical card. It is a most cold, callous and inappropriate measure and one that I ask the Taoiseach to withdraw from the Order Paper in its entirety. It is signalled for a guillotine at the conclusion of Second Stage at 1.30 p.m. and a second guillotine is signalled for 6.30 p.m. on all remaining Stages. It should be removed from the Order Paper immediately and the Government, however late in the day at this 11th hour, should take the decision to withdraw the measure and to respond to the cry of the senior citizens of this country and all who stand for health care justice in this jurisdiction. The legislation should be withdrawn, as it does not include measures that would be beneficial to our citizenry and it is counter to all that was committed to in the programme for government, which signalled the Government's intent to extend eligibility. This legislation is designed to curtail it.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The legislation was signalled by the Government in respect of the reforms that we brought forward in the interests of maintaining a sustainable level of service for all citizens, including those aged over 70 who have an entitlement to a medical card. The large threshold we have devised in respect of the income thresholds that will apply confirm that 19 out of every 20 existing pensioners will remain eligible for this card. It is our intention that the legislation will be taken until 1.30 p.m. tomorrow.
Paul Kehoe (Wexford, Fine Gael)
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Government Members will find out in January.
Jan O'Sullivan (Limerick East, Labour)
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The Taoiseach should be ashamed of himself.
The Dail Divided:
For the motion: 77 (Dermot Ahern, 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, Niall Collins, Margaret Conlon, Seán Connick, Mary Coughlan, Brian Cowen, John Cregan, Ciarán Cuffe, Martin Cullen, John Curran, Noel Dempsey, Jimmy Devins, Timmy Dooley, Frank Fahey, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Pat Gallagher, Paul Gogarty, Noel Grealish, Mary Hanafin, Mary Harney, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Séamus Kirk, Michael Kitt, Brian Lenihan Jnr, Conor Lenihan, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, Martin Mansergh, Micheál Martin, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, Willie O'Dea, Noel O'Flynn, Rory O'Hanlon, Batt O'Keeffe, Ned O'Keeffe, Mary O'Rourke, Peter Power, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Noel Treacy, Mary Wallace, Mary White, Michael Woods)
Against the motion: 69 (Bernard Allen, James Bannon, Seán Barrett, Joe Behan, Pat Breen, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Paul Connaughton, Noel Coonan, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, Jim O'Keeffe, Brian O'Shea, Jan O'Sullivan, Willie Penrose, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, 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.
Enda Kenny (Mayo, Fine Gael)
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Will the Taoiseach clarify something for me? I understand Mr. Peter Bonde, a eurosceptic MEP, stated on national radio this morning that a deal had been done and announced to French MEPs on what would be concluded in respect of Ireland when the Taoiseach attends the summit today and tomorrow. I do not expect this is the case and the Minister for Foreign Affairs stated on radio that this was not true. What is the position? In respect of this matter, I assume whatever arrangements the Taoiseach makes with his counterparts will not be concluded until the summit has concluded.
Does the Minister for Finance intend to bring before the House next week a scheme for recapitalisation of the banks so that access to credit can be available to small businesses and credit can flow for people to do their business?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Strictly speaking, neither of these matters are in order unless the Taoiseach can be helpful.
Enda Kenny (Mayo, Fine Gael)
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I ask him to answer as they are important.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The only general observation I will make is that if the Leader of the Opposition wants to have a good handle on what Irish foreign policy is at any time if there is a contest between the Minister for Foreign Affairs and Mr. Bonde, the Minister for Foreign Affairs will win it quite easily.
Enda Kenny (Mayo, Fine Gael)
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I have no problem with it at all.
Brian Cowen (Laois-Offaly, Fianna Fail)
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We are working intensively with the Presidency and with colleague member states to bring to their attention this issue coming up and trying to put our case. Obviously, no agreement will be reached until any conclusions are adopted.
With regard to the other matter there are no Government proposals.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I remind Members that Leaders' Questions are over for today and we are on the Order of Business. We cannot have a rehash or a second bite of the cherry.
Eamon Gilmore (Dún Laoghaire, Labour)
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Today is International Human Rights day and marks the 60th anniversary of the adoption of the Universal Declaration of Human Rights. Will the Government mark International Human Rights day by reversing the 24% cut in the budget for the Irish Human Rights Commission?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order as the Deputy well knows.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach was bestirring himself to reply.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot start Leaders' Questions all over again.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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On the timing of two Supplementary Estimates, the first is Vote 40 on the Health Service Executive. In this context will the Taoiseach ensure the Minister and the FSAI instruct the primary processors of pigmeat to release the batch numbers——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss this now as Deputy Naughten well knows.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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——of the contaminated pork so the product that is not contaminated can be released on to the market?
John O'Donoghue (Kerry South, Ceann Comhairle)
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It is not possible to discuss this now.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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It cannot be done without the batch numbers being released.
When will the Supplementary Estimate from the Department of Agriculture, Fisheries and Food come before the House in the context of the talks taking place at present? Will it make provision for the secondary processors——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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——as well as the primary processors?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Taoiseach have information on when the Supplementary Estimate will come before the House?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand one will come back from the Select Committee on Health and Children tomorrow for a short debate. I do not think the Supplementary Estimate with regard to Agriculture is due until next week and I cannot anticipate anything at present.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Will the Taoiseach ensure the batch numbers are released?
Leo Varadkar (Dublin West, Fine Gael)
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With regard to the Charities Bill, as the Taoiseach is aware the Government was defeated in the Seanad last week on a Fine Gael amendment allowing sports clubs to claim charity status. This was largely due to the absence of ten Fianna Fáil Members and I understand the two Green Party Senators were having their lunch.
Joan Burton (Dublin West, Labour)
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Were they eating ham sandwiches?
Leo Varadkar (Dublin West, Fine Gael)
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When will time be made in the House to discuss the Charities Bill? Will the Taoiseach accept the result from the Seanad and bring forward the Bill as amended by the Seanad to this House?
Billy Kelleher (Cork North Central, Fianna Fail)
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It has not concluded in the Seanad.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is this legislation coming before the House?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is on Report Stage in the Seanad.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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As has already been noted, today is International Human Rights day. Is the Taoiseach prepared to sponsor the introduction of the Human Rights Commission (Amendment) Bill 2008 as a Government proposition in the schedule of business for the new term? I commend it to him as introduced by the Sinn Féin Deputies.
Is the Taoiseach aware that there is a serious crisis in community child care services——
John O'Donoghue (Kerry South, Ceann Comhairle)
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That issue cannot be raised on the Order of Business.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Ceann Comhairle allow me to finish my sentence? Whatever it is that he wants to hear——
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is no question of allowing the Deputy to finish his sentence because it has nothing at all to do with the Order of Business.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Child care services are in crisis as a direct consequence of the Government's introduction of the community child care subvention scheme.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Taoiseach can respond only to questions on legislation.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach accommodate a debate or statements on the crisis in child care services before Christmas?
Brian Cowen (Laois-Offaly, Fianna Fail)
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The commendation by the Deputy of the legislation to which he referred would not be sufficient to guarantee my support.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On the matter of the crisis in child care services, a crisis created by the policies of this Government, will the Taoiseach agree to a debate before the Christmas recess?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I have called Deputy Costello.
Joe Costello (Dublin Central, Labour)
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Yesterday I sought the adjournment of the Dáil under Standing Order 32 to debate the killing of a man in cold blood in East Wall. Today I have tabled a private notice question on the same issue. Will the Taoiseach or Ceann Comhairle say whether a debate on this matter will take place today?
John O'Donoghue (Kerry South, Ceann Comhairle)
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In regard to the private notice question, the Deputy will be communicated with in the usual way.
Joe Costello (Dublin Central, Labour)
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Is that a "Yes" or a "No"?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will be informed in the usual way.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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In light of the serious animal welfare situation in the pig industry, when will the animal health and welfare Bill be introduced in the House to allow us to discuss this issue?
Given that patients in Drogheda are being forced this week to undergo operations to have their arms broken and reset under local instead of general anaesthetic, when will the health information Bill be introduced?
Brian Cowen (Laois-Offaly, Fianna Fail)
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Both those Bills are subject to a public consultation process. Neither will progress until that process is completed.
James Bannon (Longford-Westmeath, Fine Gael)
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When can we expect publication of the landlord and tenant Bill? I made inquiries about this Bill more than 12 months ago and was told it would come before the House in 2008.
Brian Cowen (Laois-Offaly, Fianna Fail)
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There is currently no date for the introduction of this Bill.
Seán Barrett (Dún Laoghaire, Fine Gael)
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The Second Stage debate on the Broadcasting Bill 2008 is ongoing. Will the Taoiseach ask the Minister for Communications, Energy and Natural Resources to resubmit an amendment tabled by Deputy Coveney in regard to the ridiculous decision of the Broadcasting Commission of Ireland to ban an advertisement by Veritas? The Minister refused to accept Deputy Coveney's amendment and it was defeated.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to find another means of raising this issue.
Seán Barrett (Dún Laoghaire, Fine Gael)
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Will the Taoiseach ask the Minister to resubmit an amendment of his own so that we can get away from such absolutely stupid political correctness?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is a matter for the committee.
Michael D Higgins (Galway West, Labour)
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Given that it is the 60th anniversary of the Universal Declaration of Human Rights, and to save time on the Order of Business in future, will the Taoiseach arrange for the publication of all conventions or international instruments in the human rights area which are signed by Ireland but not ratified? Where there are proposed instruments such as in the area of disability or otherwise, will the Taoiseach undertake to indicate the intention of the Government by way of signature and ratification? Does he agree there is value in encouraging the placing of human rights as a core in the education system and in the administrative system of the State, which has not been penetrated by any culture of human rights?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not agree with the final part of the Deputy's statement.
Emmet Stagg (Kildare North, Labour)
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The Taoiseach should try standing at a hatch some time.
Brian Cowen (Laois-Offaly, Fianna Fail)
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In regard to the other matters, I will ask the Department of Foreign Affairs to collate that information for circulation.
Michael D Higgins (Galway West, Labour)
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I will be in touch with the Minister for Justice, Equality and Law Reform on the other aspect I raised.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The proposal could have serious implications for the Order of Business.
Joanna Tuffy (Dublin Mid West, Labour)
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When will the Land and Conveyancing Law Reform Bill 2006, which seeks to upgrade conveyancing law and which was dealt with substantially in the Seanad, be introduced in this House?
Brian Cowen (Laois-Offaly, Fianna Fail)
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That Bill is awaiting Committee Stage. We hope it will be taken up soon by the relevant committee.
Pat Breen (Clare, Fine Gael)
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Given the anniversary we are celebrating today and the recent visit of the Council of Europe's Commissioner for Human Rights, Mr. Thomas Hammarberg, has the Government any plan to introduce and promote a national human rights action plan?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Regardless of today's anniversary, that cannot be discussed on the Order of Business.