Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. a9, motion re Ryan report on the Commission to Inquire into Child Abuse. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. tonight and business shall be interrupted not later than 7 p.m.; the sitting shall be suspended from 1.30 p.m. to 2 p.m. today; the proceedings on No. a9 shall, if not previously concluded, be brought to a conclusion at 1.30 p.m. tomorrow and the following arrangements shall apply: the speech of the Taoiseach and of the leaders of the Fine Gael Party, the Labour Party and Sinn Féin, or a Member nominated in his stead, who shall be called upon in that order, shall not exceed 30 minutes in each case; the speech of each other Member called upon shall not exceed 30 minutes in each case; Members may share time; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed ten minutes. The Dáil shall sit tomorrow at 10.30 a.m. and shall adjourn not later than 1.30 p.m., there shall be no Order of Business, within the meaning of Standing Order 26, and the business to be transacted shall be No. a9 – motion re Ryan report on the Commission to Inquire into Child Abuse (resumed), which shall, if not previously concluded, be brought to a conclusion at 1.30 p.m. on that day.

Brendan Howlin (Wexford, Labour)
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There are three proposals to put to the House. Is the proposal for the Dáil sitting today, agreed? Agreed. Is the proposal for dealing with No. a9, motion re Ryan report, agreed? Agreed. Is the proposal for the Dáil sitting tomorrow, agreed? Agreed.

Enda Kenny (Mayo, Fine Gael)
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This is important business and we have no intention to divide the House in this situation. I thank the Chief Whip for accepting what we consider to be important additions to the Government motion. These additions, principally proposed by Deputy Shatter, include many of the important elements which the survivors regard as critical, including the reference that the Dáil resolves to cherish all the children of the nation equally.

In the event that other matters may arise when the debate concludes tomorrow, in respect of future protection for children, if it is appropriate we might have another day to further reflect on what we have done and what we need to do in order to get this right. I say this in all sincerity because we do not want a situation to arise in 30 years time where some other politicians in this House are saying the Legislature in 2009 did not do its work properly. As Head of Government, the Taoiseach will have our full support in trying to get this as right as we can, both in dealing with the horror stories of the past and in dealing with the requirements to establish a legal basis to avoid this happening in the future. If it is appropriate, can the House have another debate on aspects of this issue, if this is deemed to be necessary?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I thank all Members for ensuring an agreed motion and it is appropriate that this is the case. It follows on the unanimous motion agreed in the House a couple of weeks ago. As has been stated by the Government in its statement in the aftermath of a formal Government meeting, the question of an implementation plan being brought to Government in respect of the Ryan report recommendations is to be brought to Government by the Minister of State with responsibility for children and youth affairs by the end of next month. This will provide an opportunity, presumably, for future debate and discussion if we so wish.

Eamon Gilmore (Dún Laoghaire, Labour)
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I have a couple of matters to raise. I welcome the fact that there is an agreed motion today. I agree that after the debate on these two days it is important that the issue is not then just parked and left, that the matters arising from the Ryan commission report and its recommendations and further actions needed by the State, will be followed up and that the House will have an opportunity in the future to debate them.

I wish to ask the Taoiseach about two pieces of legislation which have been of concern to the Labour Party for some time. The first is the Government's planned legislation to give legal protection to same-sex couples. Just a year ago, almost to the day, the Government published the heads of a Bill on civil unions. When will this Bill be published?

Second, the Labour Party has been seeking legislation on the management of multi-unit dwellings and problems associated with management companies. On 27 May 2009, the Government published the Multi-Unit Developments Bill. There are two problems with the Bill. First, it does not apply to housing estates but only to apartment dwellings. Second, it applies only to apartment developments to be built in the future. That is a great vote of confidence in the future of residential construction but does not address the problem on the ground at present. Does the Government intend to amend the Bill to regulate management companies of existing apartment developments and housing estates?

Brendan Howlin (Wexford, Labour)
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Strictly speaking, the contents of the Bill are not appropriate to questions on the Order of Business.

Brian Cowen (Laois-Offaly, Fianna Fail)
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With regard to the first matter, the committee on legislation will meet today and I expect we should be ready to publish that Bill in a matter of weeks. Second, concerning the Bill now before the Seanad the Government has brought forward its proposals. It will listen to the ongoing debate and see if it is possible to consider any further Government or Opposition amendments in this area.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I also welcome the fact there is an agreed motion before the House in respect of the Ryan report and I join colleagues in urging further progress regarding the presentation of an implementation plan before the end of next month, to be presented by the appropriate Minister. It is important that this House maintains a very careful scrutiny of work concerning the implementation of all the recommendations contained in the Ryan report.

I note that although the Government has signalled repeatedly its intention to advise the House of the detail of agreements reached or to be reached with other member states on matters pertaining to the Lisbon referendum, specifically the proposed second referendum on the Lisbon treaty and the binding agreements that were promised thereto, that a meeting of EU ambassadors scheduled for today has been cancelled. We understand this is because a number of member states are uncomfortable with the matters being pursued and with the proposed text. As this is absolutely related to the promised legislation, given that if there is to be a second Lisbon referendum it must be provided for by a referendum Bill, will the Taoiseach indicate, in light of the cancellation of the ambassadors' meeting, where this negotiation now stands and when such a Bill will be published?

Yesterday the Joint Committee on Health and Children published a progress report on the recommendations it made three years ago in respect of the high level of suicide in Irish society. The committee has expressed concern at the lack of progress in respect of its 33 recommendations. On all but six the Government has made no significant or very limited progress. Given the high level of the incidence of suicide in Irish society would this so called progress report prompt the Taoiseach to accommodate a full debate within the House on the lack of progress within the Department of Health and Children? The recommendations made are specifically under the aegis of the current Minister-----

Brendan Howlin (Wexford, Labour)
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That is appropriate for a parliamentary question to the Minister for Health and Children.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am anxious-----

Brendan Howlin (Wexford, Labour)
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A number of Deputies have indicated-----

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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This is a progress report of a committee of this House-----

Brendan Howlin (Wexford, Labour)
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I must allow as much time as I can for the important business of the day.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Given the serious nature of the high level of suicide in our society the matter merits address in this Chamber. Only through such scrutiny will we be able to see the Minister and her Department exercised on this matter. Will the Taoiseach and the Government accommodate such a discussion and debate in this House on the absence of progress in this regard?

Brendan Howlin (Wexford, Labour)
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Is there a promise for a debate on this matter? If not, it is a matter for the Whips. I believe Deputy Costello wished to raise the same issue.

Joe Costello (Dublin Central, Labour)
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It is on the issue of the Lisbon treaty, not on all the other issues. I will be very brief.

Brendan Howlin (Wexford, Labour)
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We will listen first to the Taoiseach's reply regarding the legislation for the Lisbon treaty.

Dan Neville (Limerick West, Fine Gael)
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We may go asleep.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Regarding that matter, the Presidency is proceeding with bilateral meetings during the course of the day. It is its business to proceed with this and make progress in this area. There has been a great deal of contact and the Minister for Foreign Affairs, Deputy Martin, is working on the matter. We intend that the political understandings reached in December will form the basis of the decisions to be made at next week's Council meeting and will provide the legal certainties we require.

With regard to the second matter, I understand there is no problem about such reports being brought for plenary debate in this House, subject to agreement by the Whips.

Tom Sheahan (Kerry South, Fine Gael)
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Is the Taoiseach aware of moves afoot or of proposals to withdraw train services from County Kerry?

Brendan Howlin (Wexford, Labour)
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The Deputy knows that is not appropriate on the Order of Business.

Brendan Howlin (Wexford, Labour)
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I am not interested. I call on the next Deputy.

Tom Sheahan (Kerry South, Fine Gael)
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It is appropriate.

Brendan Howlin (Wexford, Labour)
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A number of Deputies are indicating and I want to allow as much time as possible for the very important business before the House today.

Tom Sheahan (Kerry South, Fine Gael)
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It is a pertinent question. Is it part of Government policy to cut off the peripheral counties in this country?

Billy Kelleher (Cork North Central, Fianna Fail)
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The Deputy will not be in Croke Park.

Brendan Howlin (Wexford, Labour)
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That is not an appropriate question for the Order of Business. Does Deputy Crawford wish to raise an appropriate matter?

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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It is very appropriate. Yet again I received a telephone call yesterday from a farming business colleague, a small business person who had been refused any banking facilities.

Brendan Howlin (Wexford, Labour)
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I will listen only to the question.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I wish to know when, or whether, the Government will allow time for the House to have a full debate on the completely disastrous situation that is causing this problem.

Brendan Howlin (Wexford, Labour)
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Is a debate promised on that issue?

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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There has been a major problem concerning the register of electors.

Deputies:

Hear, hear.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Is there any proposal to deal with the significant additions-----

Brendan Howlin (Wexford, Labour)
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That would be an appropriate question for the Minister for the Environment, Heritage and Local Government, Deputy Gormley.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Will the Government introduce legislation to deal with that matter?

I ask about eligibility issues with regard to the Bill on health and personal social services. People should be able to get the social services to which they are entitled and be guaranteed them.

Brendan Howlin (Wexford, Labour)
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That is a question regarding the Health (Miscellaneous Provisions) Bill.

Michael Ring (Mayo, Fine Gael)
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The next thing they will say is that the Fianna Fáil people were taken off the register and that is why they did not vote.

Timmy Dooley (Clare, Fianna Fail)
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Good man yourself, Deputy.

Brendan Howlin (Wexford, Labour)
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Allow the Taoiseach respond.

Brian Cowen (Laois-Offaly, Fianna Fail)
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There is no date for the legislation sought by the Deputy. The other matters are for consideration in the future.

Dinny McGinley (Donegal South West, Fine Gael)
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Ba mhaith liom ceist a chur ar an Taoiseach, atá mar Chathaoirleach ar fochoiste an Rialtais ag plé leis an Ghaeilge. An dtuigeann sé an ghéarchéim an deireadh seachtaine seo maidir leis an bhfoilsiúchán Gaeilge, Foinse, an t-aon pháipéar seachtainiúil Gaeilge atá ar fáil sa tír seo ó cuireadh deireadh le Lá ag deireadh na bliana seo caite? An ndéanfaidh an Taoiseach, mar Chathaoirleach ar an bhfochoiste, gach iarracht a chinntiú go mbeidh Foinse ar fáil an tseachtain seo agus an tseachtain seo chugainn agus an bhliain seo chugainn? An ndéanfaidh sé cinnte nach dtarlaíonn an rud céanna do Foinse agus a tharla do Lá? Níl mórán airgid i gceist. Tá géarchéim ann agus táim ag iarraidh ar an Taoiseach, an Tánaiste agus gach Aire a chinntiú go mbeidh an páipéar seo á chur ar fáil seachtain i ndiaidh seachtaine.

Brendan Howlin (Wexford, Labour)
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Is dóigh liom gur ceist oiriúnach í sin don Athló.

Lucinda Creighton (Dublin South East, Fine Gael)
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I would like to follow up on the question raised on the Lisbon treaty and the proposed legislation. I am concerned there seem to be plans for significant bilateral discussions with other member states, but there are no plans for multilateral discussions between parties in this House.

Brendan Howlin (Wexford, Labour)
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That is not relevant to the Order of Business.

Lucinda Creighton (Dublin South East, Fine Gael)
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It is very relevant, because it is relevant to the preparation of the legislation. For example, this morning we will have a brief discussion, related to the guarantees, with the Minister for Foreign Affairs in advance of the GAERC meeting. However, no detailed discussions are planned. We should have discussion in the Chamber in order to get meaningful input from all parties so that we can ensure the referendum is passed.

Brendan Howlin (Wexford, Labour)
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Only a question on legislation on that matter, nothing else, is appropriate to the Order of Business. I call Deputy Costello for a brief question on the same matter.

Joe Costello (Dublin Central, Labour)
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There is a sense of déjÀ vu now, reminiscent of what happened last year. We are at the stage where an agreement must be reached at the summit next week if we are to go ahead with the second referendum in October, but it appears that many of the discussions on the formula for the legal guarantees are unravelling.

Brendan Howlin (Wexford, Labour)
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We cannot go into that now, as the Deputy knows.

Joe Costello (Dublin Central, Labour)
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My question relates to legal guarantees and is directly related to legislation coming before the House.

Brendan Howlin (Wexford, Labour)
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We can only ask about the timing of legislation on the Order of Business.

Joe Costello (Dublin Central, Labour)
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The unfortunate situation for the Opposition is that it has no information on the content of the negotiations going on between the Government and the other 26 member states.

Brendan Howlin (Wexford, Labour)
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Does the Taoiseach want to respond as to the timing of the legislation?

Joe Costello (Dublin Central, Labour)
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The concern is that next week the whole thing could unravel. Then, because of the lack of detailed attention and management of the issues, we could be back where we were 12 months ago. It was largely because of mismanagement we were in the position we were in then. Perhaps the Taoiseach will give us a full statement in the House, prior to going to next week's summit, so that we have some idea of what is going on and can give him the benefit of our views on the matter.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is not correct to characterise the ongoing discussions as the Deputy as done. The normal, intensive discussions that take place before a Council meeting are proceeding and the Presidency, with which we have been in constant touch, is handling the issues. It is for the Presidency to decide on the nature of how discussions proceed. Our Minister for Foreign Affairs has been in intensive contact with colleagues on these matters also. Matters are proceeding apace and we expect to be well prepared for the discussion at the European Council meeting, as was the case last December. I will keep the parties informed on these matters.

Jan O'Sullivan (Limerick East, Labour)
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The child care Bill is No. 13 on the legislative list. Will the Government consider using that legislation as a framework to introduce a regulatory inspection system for children in residential care in Ireland, particularly in the context of the debate we will have later today?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Child Care Bill is due this session and Second Stage debate will take place on it.

Jan O'Sullivan (Limerick East, Labour)
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Will the Taoiseach consider my suggestion?

Bernard Durkan (Kildare North, Fine Gael)
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On a similar subject, legislation to provide for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse or risk thereof of children has been promised. Is it intended to expedite this legislation with a view to responding to some of the issues impacting on society? Legislation has also been promised to consolidate and modernise financial services legislation in accordance with the Government's better regulation agenda, something that must resonate with the Government side. These are important pieces of legislation; will the Taoiseach indicate whether it is intended to respond to the urgency of the situation?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The second piece of legislation mentioned concerns consolidation and work is being done on this currently, but there is no date for it. Two Departments, the Departments of Justice, Equality and Law Reform and Health and Children, are working on the first piece of legislation mentioned and giving priority to that given recent events.

Olivia Mitchell (Dublin South, Fine Gael)
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This year we will spend approximately €50 million to provide incentives for visitors to come to Ireland. Does the Taoiseach agree that it is insane on the one hand to provide incentives for them to come and on the other to tax them when they come?

Brendan Howlin (Wexford, Labour)
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That question is not appropriate to the Order of Business.

Olivia Mitchell (Dublin South, Fine Gael)
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There is legislation that offers an opportunity to repeal the departure tax, which is doing untold damage to not just the tourist industry but also to our airports and airlines.

Deputies:

Hear, hear.

Olivia Mitchell (Dublin South, Fine Gael)
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The aviation (preclearance) Bill offers the opportunity, now at the beginning of the tourist season, to include the repeal of that tax before it does untold damage.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Legislation is currently before the Seanad for Committee Stage. I would point out that all sectors of the economy have had to make a contribution to assist those most in need in terms of funding in order to maintain public services. The Minister for Finance, being as fair as possible, looked at the areas for additional tax revenues in the context of the fiscal challenges the country faces. Consequently, a €10 tax, €2 for destinations within 300 km of Dublin, was deemed reasonable. It is worth noting that fuel used by airlines is completely exempt from tax. Therefore, the sector already has considerable preferential treatment.

Olivia Mitchell (Dublin South, Fine Gael)
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The tax brings negative returns.

Michael D Higgins (Galway West, Labour)
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Have the necessary ministerial orders been completed for such legislation that exists for the practice of private security companies and their relationship with the Garda? Legislation and legislative initiatives have been promised on the question of the registration and practices of private security companies. However, these would in turn require a set of ministerial orders governing the practices between, for example, the Garda Commissioner and such firms. I raise this issue in connection with the sinking of the Iona Isle and the placing at risk of the lives of two people at 2 a.m. today off the coast of Mayo.

We need to have accurate information available and to have quick responses for the establishment of fact. I see the situation as a deteriorating one. What is the status of the existing legislation on the practice of private security companies and what, specifically, is their relationship with the Garda Commissioner? Have such necessary ministerial orders been made as will ensure proper accountability?

Brendan Howlin (Wexford, Labour)
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Is secondary legislation promised on the Private Security Services Act?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not have the information before me and must ask the Minister for Justice, Equality and Law Reform to revert to the Deputy on those issues.

Martin Ferris (Kerry North, Sinn Fein)
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On the same issue, is the Taoiseach aware that at 2 a.m. today, four masked, armed security people boarded the Iona Isle?

Brendan Howlin (Wexford, Labour)
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Only matters of legislation can be raised on the Order of Business.

Deputies:

He is speaking with some authority.

Martin Ferris (Kerry North, Sinn Fein)
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On the same issue, they boarded the Iona Isle and the boat sank, almost with the loss of two lives. Is the Taoiseach aware that the skipper and the crewman on the boat are currently in Castlebar hospital, having been almost drowned after four masked, armed men took over the boat and, apparently, deliberately sank it?

Brendan Howlin (Wexford, Labour)
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We cannot debate the issue now. We have important business before the House today. I am sure the Deputy will find another way to raise the matter.

James Reilly (Dublin North, Fine Gael)
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Just two matters. I do not wish to be controversial, but it would be helpful if we could have an understanding that the House will not rise until the child protection Bill is passed, so that we can have an inspectorate that will protect those children who are in institutions for the disabled. Given we have now seen a letter from the manager of Galway Regional Hospital stating it will not be able to operate as a centre for cancer care to the standard required by the Minister and that it must institute a budget that will close 60 beds and delay operations, is it intended to bring forward legislation for a supplementary health budget?

Brian Cowen (Laois-Offaly, Fianna Fail)
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There is no plan for a supplementary health budget. The plan to contain costs within hospital's budget allocation, which focuses on savings in indirect costs and seeks to protect front line services, is currently being negotiated. That does not involve the curtailment of cancer services at the hospital.

Seán Sherlock (Cork East, Labour)
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In light of the publication of the Teamwork Horwath report yesterday on the reconfiguration of hospital services in the HSE south, will the Taoiseach make time available in the House to debate the issue?

Brendan Howlin (Wexford, Labour)
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That is a matter for the Whips. Is debate promised on the report and acute services in the southern region?

Seán Sherlock (Cork East, Labour)
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It should be debated on the basis of the permutations of the report for satellite hospitals such as Mallow and Bantry. I am sure my colleague, Deputy Healy-Rae, will back me up on this call.

Brendan Howlin (Wexford, Labour)
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I understand there is no such promise. It should be a matter for the Whips.