Dáil debates

Thursday, 18 December 2008

10:30 am

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. 13, motion re proposed approval by Dáil Éireann of the terms of the three interim economic partnership agreements, back from committee; No. 25a, statements on the recapitalisation of credit institutions; No. 26, Electoral (Amendment) Bill 2008 — Order for Report, Report and Final Stages; No. 27, Gas (Amendment) Bill 2008 — Order for Report, Report and Final Stages; and No. 37, Spent Convictions Bill 2007 — Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that No. 13 shall be decided without debate, the proceedings on No. 25a shall, if not previously concluded, be brought to a conclusion after 65 minutes, and the following arrangements shall apply: the statements shall be confined to a Minister or Minister of State and to the main spokespersons for the Fine Gael Party, the Labour Party and Sinn Féin, who shall be called upon in that order and who may share their time, which shall not exceed 15 minutes in each case. A Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.

The Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 27 January 2009.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal for dealing without debate with No. 13, motion re proposed approval by Dáil Éireann of the three economic partnership agreements, agreed to?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I object to this Order of Business. The Government intends to make an announcement today on Building Ireland's Smart Economy. It is smart and contemptuous treatment of this House. After our calling for debates on the recapitalisation programme for the banks, agreement was reached on the holding of a short debate on the matter in the House today, yet at the same time, the Government decided to launch in Dublin Castle its framework for economic recovery — Building Ireland's Smart Economy. This business should be set aside. These two issues are interdependent. There cannot be a banking system unless there is an economy that works, and vice versa. The Tánaiste should know this better than most. It is contemptuous treatment of the House that the Government should go to Dublin Castle today after briefing the social partners at 12 noon——

Deputies:

Hear, hear.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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——leaving this House and Members of all parties without any information about what it intends.

Deputies:

Hear, hear.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Shame.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is a case of the Government's leaving here, wounded and discredited, trying to get over the Christmas line with the least amount of damage inflicted on it. I understand the framework to be announced today is high on vision and low on ideas. We have had report after report of Dáil reform.

Photo of Seán PowerSeán Power (Kildare South, Fianna Fail)
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The Deputy would know a great deal about that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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There have been very many instances when major announcements should have been made to this House, the primary political forum in the country.

Deputies:

Hear, hear.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Here we have evidence of a discredited Taoiseach, who is either afraid to come into the House or just does not wish to do so.

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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He is afraid.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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He will not come in on any Thursday. He follows the example of his predecessor in that regard, slinking out of here on a Thursday. It is grand to be in Athlone today, announcing 200 jobs. We welcome that for the people of Athlone, Westmeath and Roscommon. However, this House is the primary political forum and it is in this House that major announcements which affect every person in the country should be made.

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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Hear, hear.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I object to the Order of Business on that basis and I regard it as highly contemptuous treatment of this House, and, in consequence, of all the people.

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)
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We fought to get it out of the Castle and now it has gone back to the Castle. Dublin Castle is a castle. What about this House?

Photo of John CreganJohn Cregan (Limerick West, Fianna Fail)
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The Deputy should not upset himself.

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)
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They are Dublin Castle people.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Lord Cowen.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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You would not co-operate with Dublin Castle when you were asked.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Gilmore to continue without interruption.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Labour Party is also opposed to the Order of Business for the same reasons stated by Deputy Kenny. If a major national announcement is to be made in Dublin Castle today, it should be made in the House. All major announcements of national significance are made in the House. This is where the Budget Statement is made and where the major statements on Northern Ireland have been made during the years. The only things engaged on in Dublin Castle are public relations stunts. The documents launched there are not ones for the recovery of the country but of Fianna Fáil.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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And the Green Party.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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If we look back over the various jamborees we have had, we can take any document in recent years——

Photo of Seán PowerSeán Power (Kildare South, Fianna Fail)
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And a printing press.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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——and if it has been announced in Dublin Castle, it is not worth the paper on which it is written. Where is Transport 21, for example? That was announced in Dublin Castle.

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
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Twice.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Where is the document on public service reform? Even the national development plan is now a work of fiction.

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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What about primary care?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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If it is announced in Dublin Castle, it is a public relations stunt.

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Smoke and mirrors.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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If it does turn out to be a major document and a statement of major national significance——

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)
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Dream on.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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——it should be announced in the House.

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

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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If it is a major national statement and made in Dublin Castle, I will be asking the Ceann Comhairle to have the Committee on Procedure and Privileges examine its appropriateness. It is not acceptable that the Government makes announcements there on the economy, for example. This has been built up as something tantamount to a Budget Statement. If it is of that significance, it should be announced in the House where it would be subject to examination and scrutiny and those proposing it could defend it. However, if it is announced in Dublin Castle, it is being done for the cameras, PR and spin and cannot be taken seriously.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We are faced with a situation where the Government intends to announce this afternoon what it describes as a major economic plan for the recovery of the economy, yet it will not be put before the representatives of the people in this Assembly. That is critically important. We have to remind the Government that in the first instance it is accountable to the Dáil and the people, of whom we are its representatives. In the crisis we are facing all Deputies have a collective responsibility to address the issues that need to be addressed, to seek together a formula to find a way out of the current recession, yet there is neither consultation nor accountability. Opposition voices will not even have the opportunity to respond to what will be proposed by the Government this afternoon because it will not be put on the floor of the House. That is a real problem. We had the example last evening, despite the fact that the Labour Party and Sinn Féin had made very constructive proposals to address two of the most glaring needs in Irish society — social housing and homelessness——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot deal with that matter now.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Government and the Independent Deputies who support it voted down the carefully crafted, considered and reasonable proposals brought forward by Opposition parties and supported by all Opposition voices last night. That is an example of the terrible gulf in the relationship between the Government and other elected voices in the House. We are called on time and again by the Taoiseach to act in the collective national interest, yet there is no consultation or respect. The exercise this afternoon, as other voices have said, is an exercise in PR.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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First, we have had to listen in recent months to the Opposition criticising us for not having a plan or framework. Now we have to listen to the hypocrisy of the Opposition on the basis of having one.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Big deal.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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What about democracy?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Order, please.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Can I say——

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Government is afraid. It is afraid to bring it into the House.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Can I say——

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Bring it in here. It is full of flaws.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Deputy's nose is out of joint.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Please allow the Tánaiste to finish.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Perhaps Members who have been in the House for a considerable number of years will recall that their national plan was launched in Dublin Castle.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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At least it was a national plan.

Photo of John CreganJohn Cregan (Limerick West, Fianna Fail)
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It was a national disaster.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There will be ample time on the return of the House to discuss the matter in due course.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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A Cheann Comhairle, I want to——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I must put the question.

Question put: "That the proposal for dealing with No. 13 be agreed to."

The Dail Divided:

For the motion: 70 (Dermot Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, 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, Jimmy Devins, Timmy Dooley, Michael Fitzpatrick, Seán Fleming, Pat Gallagher, Paul Gogarty, John Gormley, 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, Michael Lowry, Martin Mansergh, Micheál Martin, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, 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, Batt O'Keeffe, Ned O'Keeffe, Christy O'Sullivan, Peter Power, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Noel Treacy, Mary White, Michael Woods)

Against the motion: 53 (Seán Barrett, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Deirdre Clune, Paul Connaughton, Joe Costello, Seymour Crawford, Michael Creed, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Brendan Howlin, Paul Kehoe, Enda Kenny, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Liz McManus, Arthur Morgan, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, John O'Mahony, Brian O'Shea, Jan O'Sullivan, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Tom Sheahan, P J Sheehan, 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.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal for dealing with No. 25a, statements on the recapitalisation of credit institutions, agreed to? Agreed. Finally, is the proposal that the Dáil on its rising today should adjourn until 2.30 p.m. on Tuesday, 27 January 2009 agreed to?

11:00 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is not agreed. I made the point yesterday that people who are lucky enough to have a job get a week's holidays at Christmas. In his statement yesterday, the Taoiseach announced the Government would be back in business on 7 January, as would the Dáil committees. There is no reason the Dáil itself should not also meet on 7 January. Therefore, I propose that Members should reject the date of 27 January. At a time of national crisis, when 10,000 people in the private sector are losing their jobs every month, it is perverse and outrageous that the Government can propose that the Dáil will not reconvene until 27 January.

Deputies:

Hear, hear.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Had the Government any sense of connection with the raw events on the streets, where retail sales have fallen by up to 40% and people are in crisis every day of the week, it would realise this House must be seen to be working.

I propose an amendment to the Order of Business, to delete "27 January" and replace it with "7 January", and that we return to deal with the amendment to the legislation on the use or otherwise of money from the National Pensions Reserve Fund and get on with business. The Minister for Finance faces a series of challenges encountered by none of his predecessors and in that sense, Fine Gael Members will stand by their country and economy. However, this House must be seen to be putting its shoulder to wheel in the interests of the people and the country.

Deputies:

Hear, hear.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Deputy Kenny is in here making criticisms every week.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is wrong to go away until 27 January and the people will not thank the Tánaiste for it.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I support Deputy Kenny's proposal that the House should resume on 7 January. There is no justification for it to adjourn until 27 January. As I noted yesterday, the long recesses in January go back to a time when the budget was announced at the end of January. The argument was that the Government needed time to prepare the budget. However, this no longer applies.

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)
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It may need to do so.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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A range of things are happening. For example, the Government is only providing 65 minutes today to debate the issue of bank recapitalisation. Although the document on the economic recovery programme will be published this afternoon, the House will not have an opportunity to debate it until 27 January. Moreover, the severe cuts in the health service about which Members have heard could have a huge impact on front line services. Yesterday, Members learned that CIE and Bus Éireann intend to reduce their fleets and driver numbers, which will have a great impact on public transport. Moreover, the Government must make a decision sometime between now and the resumption of the House on its response to the Ryanair bid to buy the shares in Aer Lingus. The House should have an opportunity to debate this matter before the Government makes a decision.

In addition, a raft of legislation has not been published. For example, on 20 November the Tánaiste informed me in the House that legislation on the levy for health insurance would be published and dealt with. However, it has not appeared nor has it been dealt with. There is business to be done and those who are deeply concerned about what is happening to the economy, their livelihoods, incomes, jobs and businesses will be scandalised that the Government intends to close down the Dáil until 27 January. Whatever justification for so doing may have existed in the past, no such justification exists this year.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Last Tuesday, the Minister for Health and Children indicated she had signed off on the service plan for the HSE for the coming year, which indicated there would be cuts in service provision in 2009 in excess of half a billion euro. Members have learned since that even that service plan costing did not reflect the true reality and that it now is just short of €1 billion.

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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That is not true.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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Monaghan Hospital has been closed.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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While the Minister may state it is not true, Members should make no mistake but that accident and emergency units, beds and staff will be cut and patients' lives also could be cut short as a consequence.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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Absolutely.

Photo of John CreganJohn Cregan (Limerick West, Fianna Fail)
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This is a Second Stage speech.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a running commentary.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There is ample evidence of this throughout the country. While many other issues must be addressed, this issue transcends all political opinion. All Members, or others in their families, will depend on this service at some point in their lives. They have a responsibility to address this most important of issues, together with the others. Consequently, I would welcome an indication from the Tánaiste of an earlier resumption of the Dáil in order that Members can address this matter in the serious manner in which it must be addressed on the floor of this House.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Ceann Comhairle is aware there always will be a perception that just because the House is not sitting——

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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It is a reality.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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——Deputies, of which he is one, are not working.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Make it a reality.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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On that basis, I must——

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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What about Government Deputies? The Tánaiste's crowd is never working.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We must be clear. Excuse me, Deputy Kehoe, but the Tánaiste is entitled to reply with the same respectful silence that the party leaders received.

Photo of Seán PowerSeán Power (Kildare South, Fianna Fail)
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The Deputy should show some manners.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call the Tánaiste, without interruption.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I stated there is a perception that because the House is not in session, Deputies are not working. As I am sure all Members will agree, this is factually incorrect.

Deputies:

No.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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This House is being treated as a nuisance.

Photo of Seán PowerSeán Power (Kildare South, Fianna Fail)
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The hypocrisy of them.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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All Members are working, regardless of whether the House is sitting.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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What about the Ministers?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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On occasions such as this, there is the usual call for the House to be brought back or to resume early.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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This is not the usual.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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This is different.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The only point I can make is in the context of the legislation that may be necessary to deal with the issue of the recapitalisation of the banks.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Raiding the pension fund.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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If necessary, the House can return. Other than that, I propose to put the question to the House.

(Interruptions).

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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There can be only one intervention. I must put the question on the amendment in the name of Deputy Kenny.

Question put: "That the words proposed to be deleted stand."

The Dail Divided:

For the motion: 69 (Dermot Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, 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, Jimmy Devins, Timmy Dooley, Michael Fitzpatrick, Seán Fleming, Pat Gallagher, Paul Gogarty, John Gormley, 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, Michael Lowry, Martin Mansergh, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, 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, Batt O'Keeffe, Ned O'Keeffe, Christy O'Sullivan, Peter Power, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Noel Treacy, Mary White, Michael Woods)

Against the motion: 54 (Seán Barrett, Joe Behan, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Deirdre Clune, Paul Connaughton, Joe Costello, Seymour Crawford, Michael Creed, Lucinda Creighton, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Brendan Howlin, Paul Kehoe, Enda Kenny, Kathleen Lynch, Shane McEntee, Dinny McGinley, Liz McManus, Arthur Morgan, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Willie Penrose, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Tom Sheahan, P J Sheehan, 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.

Amendment declared lost.

Question put: "That the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 27 January 2009."

The Dail Divided:

For the motion: 69 (Dermot Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, 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, Jimmy Devins, Timmy Dooley, Michael Fitzpatrick, Seán Fleming, Pat Gallagher, Paul Gogarty, John Gormley, 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, Michael Lowry, Martin Mansergh, Tom McEllistrim, Michael McGrath, John McGuinness, 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, Batt O'Keeffe, Ned O'Keeffe, Christy O'Sullivan, Peter Power, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Noel Treacy, Mary White, Michael Woods)

Against the motion: 56 (Seán Barrett, Joe Behan, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Deirdre Clune, Paul Connaughton, Joe Costello, Seymour Crawford, Michael Creed, Lucinda Creighton, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Brendan Howlin, Paul Kehoe, Enda Kenny, Kathleen Lynch, Shane McEntee, Dinny McGinley, Liz McManus, Arthur Morgan, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, Jim O'Keeffe, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Willie Penrose, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Tom Sheahan, P J Sheehan, 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.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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For the purpose of clarity, I refer to a comment made by the Tánaiste before the Ceann Comhairle called the vote. He came out of the traps very quickly and, like a good barman, he did not want to catch anybody's eye. The Tánaiste stated that, if necessary, the House could be recalled to deal with the recapitalisation issue. This will be necessary because the principal Act will have to be amended to allow the use of moneys from the National Pensions Reserve Fund to recapitalise the banks. That was the point I wanted to make and the Ceann Comhairle would have saved himself some time if he had allowed me to make it.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The difficulty is that Standing Orders are very clear in regard to interventions on the Order of Business. A proposal was made on the Order of Business and I had no alternative but to adhere to it.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Standing Orders may be clear but the Tánaiste was not.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The question was not clear.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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They are confused about what they are supposed to be doing.

As today is the last day of this sitting of the Dáil, on my behalf and on behalf of the Fine Gael Party I wish the Ceann Comhairle and his staff the best for this holy season and for Christmas and the new year. I thank the staff of this House for their loyalty, courtesy and hospitality at all times to all Members. The Ceann Comhairle has learned to be more restrained than he was during his initiation period in the Chair and has proven himself to be pragmatic and understanding in his role. I pay tribute to the staff for their unfailing dedication to ensuring the Oireachtas works. The members of the fourth estate, who are absent at present from the Gallery, also have a job to perform.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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They are busy doing it.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Gone on holidays.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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A lone swallow.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Members of the House, this speaker included, may not like what they write on occasion but they have a professional function to perform and I thank them for carrying out their duty of reporting the news and politics as they see them.

I wish Deputies on all sides of the House the very best for this season. I regret the passing of Séamus Brennan, whom I regarded as a good friend. From our own staff, we lost a young woman, Mary O'Shea, who was the Ceann Comhairle's townsperson from Cahirciveen. Go ndéana Dia trócaire orthu. We have economic and political difficulties but, for this moment, I wish everybody the best for the season.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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On behalf of the Labour Party, I wish the Ceann Comhairle and all his staff, the staff and Members of the House and the members of the press who report our business a very happy Christmas. It is probably tempting fate to wish anybody a prosperous new year but I wish everybody the best for the new year. This session has been quite long since our return after the summer. All Deputies, whether they are in Government or Opposition, as well as those who work in the House or report our business, deserve a break. I wish everybody the best for the festive season.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I join Deputies Kenny and Gilmore in extending good wishes of the season to the Ceann Comhairle, the Clerk of the Dáil, the superintendent and all the support staff of the Houses of the Oireachtas. I also extend good wishes for Christmas to the Tánaiste and her colleagues in Government, and to the leaders and Members of the Opposition parties, including Independent Deputies.

This has been a difficult year for Government and Opposition. I reiterate the remarks I made earlier about our collective responsibility for charting a course through the difficulties currently presenting. I hope that approach is in evidence in the new year and that the House can accommodate opportunities to address issues of grave importance for ordinary people in their daily lives.

I conclude by extending good wishes to Members and staff who may not be well this Christmas. I have people in mind in making these remarks. I extend our good wishes to them and assure them they are in our thoughts and prayers at this time of the year.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I concur with the sentiments expressed in the House. I hope people will have time to rest and relax, and to watch their voices so they will be sharply tuned when we return. To the Ceann Comhairle and all the staff of the House, I extend our best wishes. Without a shadow of a doubt, we would all agree that the courteous manner in which we are treated by the staff of this House is superb and is something we respect. I hope everyone will enjoy the Christmas break and let us hope it will be a prosperous new year. It may be challenging but let us keep the vision of a successful outcome.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Thar ceann an Leas-Cheann Comhairle agus thar mo cheann féin, gabhaim buíochas le ceannairí na bpáirtithe as an méid atá ráite acu. Tacaím an deis seo chun buíochas a ghabháil le gach duine sa Teach agus i gcóngar dó a chintíonn gur féidir linn ár ghnó a dhéanamh gach lá go héifeachtach. Gabhaim buíochas le mo chomhghleacaithe parlaiminteacha as a gcomhoibriú i rith na bliana agus as a dtiomantas do phróiseas an daonlathais. Tuigim cé chomh dian dícheallach a oibríonn siad, ní hamháin nuair a bhíonn an Dáil ina suí, ach freisin nuair nach mbíonn.

Gabhaim buíochas le Cléireach na Dála agus lena fhoireann agus leis an bhfoireann i m'oifig féin as an Teach a reáchtáil go rí-éifeachtúil. Gabhaim buíochas freisin le comhaltaí na meáin as a ndian shaothar, ár gcomhfhreagraithe polaitíochta a dhéanann tuairisciú do na nuachtáin, don raidió agus don teilifís. Ba mhaith liom Nollaig shona agus gach rath san athbhliain a ghuí ar ghach duine sa Teach.

On my behalf and on behalf of the Leas-Cheann Comhairle, I thank the party leaders and the Tánaiste for their comments. I take this opportunity to thank everyone in the House and its precincts who ensured that we were able to go about our daily business efficiently and effectively. I thank in particular my parliamentary colleagues for their co-operation during the year and their commitment to the democratic process. I know how hard all my colleagues work not only when the Dáil is in session, but also when it is out of session. I thank the Clerk of the Dáil and his staff and the staff of my office for their smooth and efficient running of the House and their unfailing courtesy and professional commitment throughout the year. I wish the Members who have generously acted as Acting Chairpersons during the year a very happy Christmas; Members of the House and the democratic process owe them deep gratitude. I thank members of the media and the political correspondents who report for newspapers, radio and television; they have a crucial role to play in the interests of democracy of informing the wider public about Parliament and how politics work.

I sincerely wish everyone in the House a very happy Christmas and successful new year. It is only appropriate that we wish our many fans, who join us often on television, every possible happiness and success also. We will now move to the Order of Business proper.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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I inquire about No. 59, the mental health (amendment) Bill, but No. 56, the health information Bill, may be easier for the Tánaiste to answer on. A Minister of State indicated recently that 12 psychiatric facilities are to be sold in the near future. To be specific, St. Finian's in Killarney is one, and we have been told the proceeds from these sales——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy was doing well for a while.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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——will be ring-fenced. Will the Tánaiste confirm——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We must deal with the mental health (amendment) Bill.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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——that the proceeds of these sales will be ring-fenced for mental health facilities for and accommodation of patients in the county?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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She cannot go into that now, as the Deputy well knows. I call the Tánaiste on the mental health (amendment) Bill.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It will be next year.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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It is next year. Deputy Sheahan has had a good run.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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What about the health information Bill?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy has made his point.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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The Housing (Miscellaneous Provisions) Bill was recently passed by Seanad Éireann. Will it be a priority after the Dáil returns from recess and will it also include provisions for the sale of apartments?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I am not familiar with the particulars in the legislation but it is our intention to have it on the floor of the House as quickly as possible.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Minister for Finance indicated in his budget speech that he was commissioning a report from Mr. Maurice O'Connell with regard to the National Pensions Reserve Fund. He advised me by way of a parliamentary question that he had the report and the question of the contribution of the 1% to the National Pensions Reserve Fund is a matter which the Government is still thinking about. Any change in this would require legislation. If I understood her correctly, the Tánaiste herself said that it was likely that the Dáil would be recalled early after Christmas to effect legislation on the National Pensions Reserve Fund and the recapitalisation of the banks. Will the Tánaiste indicate if she proposes to bring in legislation relating to the 1% transfer?

I feel sorry for the Tánaiste but sorrier for the country as we have just got a figure indicating that gross national product has declined by 4.9% in the third quarter.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a debate on that. Is legislation promised?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is none.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It must be the largest fall on record.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I thank the Deputy and call on Deputy Crawford.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is a 4.9% decline.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is a 4.9% decline in the quarter.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now. I call Deputy Crawford.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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None of us will have a job.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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I wish everybody a happy Christmas as well. Unfortunately, for some people it may not be so.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss Christmas now. The Deputy should move on.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Bah, humbug.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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The Minister for Health and Children has indicated she must save almost €1 billion. Her colleague and the former Minister for Justice, Equality and Law Reform promised us several times in the House that he would bring through a legal costs Bill to try to curtail the cost of the tribunals.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is there a legal costs Bill?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It will be introduced next year.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Mañana.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Next year is not that far away now.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Mañana.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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In light of the fact that acute medical care is being removed from Monaghan General Hospital, when will the National Council on Ageing and Older People (abolition) Bill come before the House? It seems there is nothing but abolition in our area.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Next year.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Taoiseach advised the House a couple of days ago regarding proposed legislation on estate management companies, with the original target being that the legislation would come before the House by the end of this session. Will the Tánaiste update us as to whether a finalisation of the heads has been reached and if we are likely to see it early in the new year?

Another issue is close to the heart of the Ceann Comhairle. I am quite sure that like me, he is deeply concerned about the present whereabouts of the legislation to give effect to the Dalton report. It is out there coursing around somewhere but has not yet reached its destination.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The dogs in the street know where it is.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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They are both next year.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Next year?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Unless the Deputy wants to sit this year. The way we are going we will get nothing done today. It is almost 11.40 a.m.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The way the Government is going, we will be dealing with everything next year.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste answered the question.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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We were told the legislation for the estate management companies was imminent. What does that mean? Will it be next year?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is what the Tánaiste said. It is a very good interpretation.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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If imminent refers to next year, God help the country.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Costello.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Thank you, a Cheann Comhairle, and happy Christmas.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The same to you.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I would like to be associated with the good wishes expressed here. In particular I wish an early recovery to my two constituency colleagues, Deputy Tony Gregory and Senator Tony Kett. I do not know if the Tánaiste had the opportunity to listen to Pat Kenny's radio show.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I have said before that we do not discuss radio shows.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I will ask a question. The show had a description of the appalling conditions in Gaelscoil Bharra that have operated for the past 13 years. In the context of the Health and Safety Authority and health and safety legislation, is there any intention to amend this as the type of conditions in that particular school are as bad as one would find on any building site and worse?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to table that matter on the Adjournment or ask a question of the Minister for Education and Science.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Is there an intention to amend legislation to such an extent that conditions of this nature in prefabricated buildings will be condemned?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I will ask the relevant Minister to advise the Deputy as I am not aware of the specifics.

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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I had the same query as Deputy Durkan regarding the estate management legislation, as it is a significant issue. I hope regulations will be put in place. Can we expect movement on the Irish Sports Council (amendment) Bill, as we all need a bit of sport in the coming year?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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That will be in the middle of next year.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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In the atmosphere of good wishes, which I share, I will make a comment on No. 13 on today's Order of Business. I will not be conflictual about it. That speaks of interim economic partnership agreements with three African countries. The report came from the committee, which was not unanimous yesterday. When a committee is not unanimous it will be my intention in the forthcoming session to take all these agreements and debate them in the plenary session, as well as in committee. In this case one country had signed the agreement and the other two had neither signed nor ratified it. That is out of the spirit of a new dialogue which we need in response to relationships with developing countries.

My question specifically relates to two pieces of legislation. The compliance with labour law legislation is listed in section D of the outgoing list for Second Stage but when will it be taken? The final communiqué from the social partners in September 2008 spoke of an agreed piece of legislation relating to amendment of competition legislation to take account of the position of people such as the Musicians Union of Ireland and so forth. When will that legislation be available?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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As the Deputy knows, we are in final discussions with the social partners on the compliance legislation, so it is our intention to introduce it as quickly as possible in the new year.

We are currently carrying out a review of competition law and it is my intention to include that agreement. It will also include an amendment arising from the decision made by the IMO. Quite a considerable amount of work is involved in the legislation, but we are trying to bring it in as quickly as possible next year.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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As regards Dáil reform that requires legislation, I first want to thank you, a Cheann Comhairle, for the initiative you took that led to a package of limited but very important Dáil reforms being agreed by all parties in the House. In the 40 days before the Dáil resumes, will the Tánaiste use her good offices in this regard? That package of reforms, which was agreed by the Fianna Fáil-led Government last summer, has been referred to the Tánaiste and Minister for Enterprise, Trade and Employment. No pressure was put on the matter, however, because there was a new regime which was busy and had other things on its mind. It is a limited but important package that has been agreed by all sides of the House under the chairmanship of the Ceann Comhairle. Can we get a decision on that at least by the time we come back in January or, perhaps in between, through the Whips?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I know the recommendations are being considered, but I sincerely hope that one of them will be that we can get the Order of Business over in less than an hour.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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It would be abolished, in fact.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It would be a great idea. We could get something done.