Dáil debates
Thursday, 11 March 2010
Order of Business
10:30 am
Mary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. 20, Inland Fisheries Bill 2009 - Order for Report, Report and Final Stages; No. 19, Road Traffic Bill 2009 - Second Stage (resumed); No. 21 - statements on the final report of the Joint Committee on Constitutional Amendment on Children, to be taken not later than 1.30 p.m. today and the order shall not resume thereafter. It is proposed, notwithstanding anything in Standing Orders, that (1) the following arrangements shall apply in regard to No. 21: (i) the statements of the Chairman of the Joint Committee on the Constitutional Amendment on Children and of the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, shall not exceed 15 minutes in each case; (ii) the statements of each other member called upon shall not exceed ten minutes in each case; (iii) members may share time; and (iv) a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed ten minutes; (2) the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 23 March 2010.
Séamus Kirk (Louth, Ceann Comhairle)
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There are two proposals to put to the House. Is the proposal for dealing with No. 21, statements on the final report of the Joint Committee on the Constitutional Amendment on Children agreed to?
Enda Kenny (Mayo, Fine Gael)
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I propose an amendment to the Order of Business that the Dáil shall sit until 6.45 p.m. to allow for statements and questions in regard to the latest catastrophe that has befallen us in the area of health. Yesterday we had priority questions and statements and comments in the House about the situation whereby X-rays were not read by radiologists in Tallaght hospital, with the possibility that a small number of those may have a significant impact on patient medical health. We now understand that this situation is far worse, with reports of thousands of letters unopened from GPs in referral of patients to consultants in Tallaght hospital. This goes beyond the reading of X-rays by radiologists. These referrals may refer to much more serious or prevalent conditions for those concerned. For example, they could refer to bowel cancer, cardiac conditions, analysis in respect of tumours-----
Séamus Kirk (Louth, Ceann Comhairle)
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We discussed this matter at length yesterday and I am sure there will be other opportunities to do so.
Olivia Mitchell (Dublin South, Fine Gael)
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We did not discuss this issue yesterday because we did not know about it.
Alan Shatter (Dublin South, Fine Gael)
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Thousands of letters were unopened.
Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle said to Deputy Morgan-----
Séamus Kirk (Louth, Ceann Comhairle)
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We are on the Order of Business.
Paul Kehoe (Wexford, Fine Gael)
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The Deputy is proposing an amendment to the Order of Business.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputies cannot make a Second Stage contribution on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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I am proposing an amendment to the Order of Business and I want to explain why. The Ceann Comhairle said to Deputy Morgan that if he comes up with a reasonable proposition, he will give him his say. The Inland Fisheries Bill 2009 is important but nothing is more important than the life and death and healthy condition of our people.
Enda Kenny (Mayo, Fine Gael)
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For the people who have had letters of referral left unopened in bags in Tallaght hospital, this is a crisis. The Minister for Health and Children will not return from New Zealand until 22 March. This is another catastrophe. Deputy James Reilly, on behalf of the Fine Gael Party, has already said that if the Taoiseach decides to reappoint this Minister to the Department of Health and Children, we will move a motion of no confidence against her. The Labour Party has indicated it will do likewise.
I am concerned that we have clarity from the Tánaiste in the absence of the Minister for Health and Children as to what the facts are in this matter. Are we to understand that there are thousands of letters unopened - many of them letters of referral by GPs - in Tallaght hospital? As I said, these letters of referral may refer to serious conditions, whether tumours, cardiac problems, bowel cancer or whatever.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy will have to find an alternative way if he wants to have a lead-on debate to what went on yesterday. We are on the Order of Business and I have allowed him considerable latitude.
Fergus O'Dowd (Louth, Fine Gael)
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We are talking about letters, not X-rays.
Alan Shatter (Dublin South, Fine Gael)
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Does the Ceann Comhairle know what is going on outside this House?
Thomas Byrne (Meath East, Fianna Fail)
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It is a matter for the Health Service Executive.
Enda Kenny (Mayo, Fine Gael)
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This is the ultimate example of lack of accountability in the political process. This is hands-off Government, hiving off issues to bureaucratic and administrative entities. The Minister for Health and Children should be in the House today but she is not. I want confirmation from the Tánaiste of the validity of the reports in today's newspapers that there are thousands of people walking around who may have serious medical conditions because the relevant GP referral letters are lying unopened in Tallaght hospital.
For that reason, I propose that the Dáil sit until 6.45 p.m. to allow statements from the Minister and from the Opposition and that there be time for questions and answers. This is much too serious for flippant responses. It is a matter of life and death. We in this House should put ourselves in the position of those patients who went to their GP more than a year ago and were told that a letter of referral would be written on their behalf to a consultant in Tallaght hospital only to find this morning that these letters lie unopened. We can imagine the crisis in those people's minds this morning. That is why it is important that we have accountability in this House and that the House sit until 6.45 p.m. to allow time for statements and questions so that we can get answers and get the truth. There must be no more of this lack of accountability in the forum of the people. This is another catastrophe brought down on us by a Government that has lost touch with reality, with the result that thousands of people may well have serious ailments that have not been diagnosed or are not being diagnosed.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy is abusing the Order of Business.
James Reilly (Dublin North, Fine Gael)
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Patients are being abused. This is worse than the situation in Portlaoise where 97 files were thrown out until a cohort was reached.
Séamus Kirk (Louth, Ceann Comhairle)
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I have called Deputy Gilmore.
James Reilly (Dublin North, Fine Gael)
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How many files are needed for a cohort? Is it 20,000?
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Reilly must stop interrupting.
Eamon Gilmore (Dún Laoghaire, Labour)
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I support Deputy Kenny's proposal that the House sit until 6.45 p.m. in order to hear from the Minister for Health and Children, or some other Minister, and to have questions answered about the additional information we received since yesterday about what has happened in Tallaght hospital. I am supporting this proposal in the first instance because the Government has a separate proposal on the Order of Business today to close down the Dáil until Tuesday week. Therefore, today is our last opportunity as representatives of the people to question Ministers in the Chamber about the situation at Tallaght hospital. We have heard much over the years about things going wrong in the health service, about misdiagnoses, tests that were not followed up, various cutbacks that have taken place and so on. However, of all the issues I have heard about, there is nothing as incredible as the idea that somebody goes to the doctor complaining of something, the doctor decides that he or she needs an X-ray and writes a letter to Tallaght hospital to arrange it, but the letter is never opened.
Simon Coveney (Cork South Central, Fine Gael)
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There were 20,000 letters.
Eamon Gilmore (Dún Laoghaire, Labour)
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It is incredible. What is going on there? It is one thing to have queues and waiting lists and the worry associated with that, but that a GP's letter should go to the hospital and nobody opens the envelope is utterly incredible. We must have answers to this. I see in news reports-----
Séamus Kirk (Louth, Ceann Comhairle)
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This is not relevant to the Order of Business.
Michael D Higgins (Galway West, Labour)
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Yes, it is. It is a question of accountability.
Séamus Kirk (Louth, Ceann Comhairle)
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Lengthy statements are not contemplated on the Order of Business, that is my difficulty. I have allowed considerable latitude to both Deputies.
Joan Burton (Dublin West, Labour)
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The Ceann Comhairle should listen a little more and he might learn something.
Eamon Gilmore (Dún Laoghaire, Labour)
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I have a question for the Ceann Comhairle. Am I out of order?
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy is out of order in the sense that Second Stage-type statements on the Order of Business are not contemplated.
Eamon Gilmore (Dún Laoghaire, Labour)
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There is no Second Stage statement.
Séamus Kirk (Louth, Ceann Comhairle)
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We will have to change Standing Orders if we are to accommodate those types of statements.
Eamon Gilmore (Dún Laoghaire, Labour)
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I am not making a Second Stage speech.
Séamus Kirk (Louth, Ceann Comhairle)
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However, I have allowed the Deputy some latitude and will continue to allow it provided that he is reasonable and truncates his contribution.
Eamon Gilmore (Dún Laoghaire, Labour)
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I am not asking for latitude, I am asking for my rights as a Member and I will insist on my rights as a Member.
Eamon Gilmore (Dún Laoghaire, Labour)
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I am entitled to make a comment and to make an observation on the Government's proposal for the ordering of business in the House today and that is what I am doing. To underline it, I am not making a Second Stage speech because there is no Second Stage.
Séamus Kirk (Louth, Ceann Comhairle)
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For clarity, Standing Order 26 states that in the case of a proposal to oppose the Order of Business, the Chair shall permit a brief statement from each party in Opposition. What is contemplated is a brief statement.
Eamon Gilmore (Dún Laoghaire, Labour)
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I am making a brief statement and I will make no apology to the Ceann Comhairle or anybody else for underlining the seriousness of this situation-----
Timmy Dooley (Clare, Fianna Fail)
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The Ceann Comhairle does not want an apology.
Eamon Gilmore (Dún Laoghaire, Labour)
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-----where people go to their doctor, the doctor refers them to a hospital and no one at the hospital even opens the letter, and, moreover, even when they do get an X-ray, the consultant radiologist does not see it. There are 14,000 patients whose X-rays have still not been looked at by a consultant radiologist in that hospital and we do not know when they will be looked at. Where is the Minister for Health and Children? She is on a two-week trip to New Zealand to celebrate St. Patrick's Day.
Séamus Kirk (Louth, Ceann Comhairle)
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Another option for the Deputy is to raise this matter on the Adjournment.
Eamon Gilmore (Dún Laoghaire, Labour)
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It is an absolute scandal.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I too support the proposition put forward by Deputy Kenny but with no disrespect to the proposition, it does not go far enough. The Minister should be recalled. There can be no other answer in this situation. Have no doubt about it, if the host people in New Zealand were aware of the backdrop to her presence in that country, they would be incredulous that she was there at all.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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They would never tolerate a similar situation in regard to a member of Government with responsibility for health in their country, who was off doing business somewhere else when the situation at home was in total disarray.
Make no mistake about it - this is a very serious matter. The fundamental basis of the relationship between general practitioners and consultants in our acute hospital sites is in tatters due to this revelation. I made reference to this yesterday in the course of the private notice question, HIQA indicated it had been brought to its attention that referral letters from GPs had remained unopened in Tallaght hospital. We have now learned there could be of the order of 30,000 unopened referral letters, as a GP claimed this morning on "Morning Ireland"
This is an incredible situation. The cry again of the people is: "Is this being investigated?" Who is carrying out the investigation? What are the terms of reference of that investigation? Is a thorough examination under way to confirm or assuage the fears of the people that this is not also the case applying in other hospital sites across the State? These are the critical issues.
We need to know what are the terms of reference of any investigation or inquiry into this matter before we leave this House today. Where were the consultants who have not carried out their work? What were they doing when they were not reading 58,000 X-rays or reading letters of referral from general practitioners? We are paying them. We want to know what they have been doing. What were they doing when they were supposed to be carrying out their duties? Who has oversight of their day's work?
Séamus Kirk (Louth, Ceann Comhairle)
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We will have to let it rest at that.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Who has oversight of their responsibilities?
Séamus Kirk (Louth, Ceann Comhairle)
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I have a proposed amendment with which I must deal.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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You have, a Cheann Comhairle. I am suggesting there are further matters that need to be addressed.
Séamus Kirk (Louth, Ceann Comhairle)
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I am sure the opportunity will arise.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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This House should be recalled next week with the Minister present before the Dáil. The matter is of such gravity-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy's co-operation would be appreciated-----
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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A Cheann Comhairle, I am not being flippant about this. The matter is of such gravity that the Minister has every right to make her way back home to face the questions of the Members of this House and to answer the questions that were not answered yesterday, with no disrespect to the Minister of State with responsibility for children, who was not informed enough to answer the questions. That question list has grown-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy has had a very good innings.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It has grown overnight.
Séamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy resume his seat?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I ask the support of the House to bring home the Minister so she would be accountable to this House and to the people of Ireland.
Arthur Morgan (Louth, Sinn Fein)
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Or cancel her passport and leave her out there altogether.
Fergus O'Dowd (Louth, Fine Gael)
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She should send home the Government jet.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Enda Kenny has moved an amendment-----
James Reilly (Dublin North, Fine Gael)
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A Cheann Comhairle, before the Government-----
Séamus Kirk (Louth, Ceann Comhairle)
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Will Deputy Reilly resume his seat?
James Reilly (Dublin North, Fine Gael)
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Before the Government exercises its majority, which is pretty perilous at the minute-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should resume his seat while the Chair is on his feet.
James Reilly (Dublin North, Fine Gael)
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I want them to consider, if it was one of their relatives, one of their children, wives or husbands that was waiting for an appointment based on one of those letters-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy must resume his seat.
James Reilly (Dublin North, Fine Gael)
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Think of the absolute disdain they have been treated with, the total lack of trust and the betrayal-----
Séamus Kirk (Louth, Ceann Comhairle)
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When the Chair is on his feet, Deputy Reilly should resume his seat.
James Reilly (Dublin North, Fine Gael)
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I respect that, but if it is not for this House to look after the welfare of our people in our health service, we may all just go.
Dermot Ahern (Louth, Fianna Fail)
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It is as if Deputy Reilly's profession has nothing to answer for in all of this. This is complete hypocrisy.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Reilly must resume his seat and Deputy Stagg should do the same.
Emmet Stagg (Kildare North, Labour)
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A Cheann Comhairle, I have a point of order.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Stagg should resume his seat until I have clarified the position in regard to the amendment.
Séamus Kirk (Louth, Ceann Comhairle)
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I must inform the House as to the position with the amendment. The amendment is not in order because it introduces a new matter. It is a matter for the Taoiseach and it is his prerogative to list the business to be taken today.
Séamus Kirk (Louth, Ceann Comhairle)
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We will now deal with the first proposal on the Order of Business. I must put the question. Is the proposal for dealing with No. 21 agreed to?
Emmet Stagg (Kildare North, Labour)
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A Cheann Comhairle, may I make a point of order?
Jan O'Sullivan (Limerick East, Labour)
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There is a point of order.
Emmet Stagg (Kildare North, Labour)
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No, a Cheann Comhairle-----
Enda Kenny (Mayo, Fine Gael)
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A Cheann Comhairle, while I respect your position, this is a classic example of where life and death-----
The Dail Divided:
For the motion: 66 (Bertie Ahern, Dermot Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, Bobby Aylward, Niall Blaney, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Pat Carey, Niall Collins, Margaret Conlon, Seán Connick, Mary Coughlan, John Cregan, Ciarán Cuffe, John Curran, Jimmy Devins, Timmy Dooley, Frank Fahey, Michael Fitzpatrick, Beverley Flynn, Paul Gogarty, Noel Grealish, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Peter Kelly, Michael Kennedy, Tony Killeen, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, John O'Donoghue, Noel O'Flynn, Rory O'Hanlon, Mary O'Rourke, Christy O'Sullivan, Peter Power, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Noel Treacy, Mary Wallace, Mary White, Michael Woods)
Against the motion: 62 (James Bannon, Seán Barrett, Joe Behan, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Paul Connaughton, Noel Coonan, Joe Costello, Simon Coveney, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Andrew Doyle, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Eamon Gilmore, Brian Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Pádraic McCormack, Dinny McGinley, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Dan Neville, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, Jim O'Keeffe, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Maureen O'Sullivan, John Perry, Ruairi Quinn, James Reilly, Alan Shatter, 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.
11:00 am
Séamus Kirk (Louth, Ceann Comhairle)
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On No. 2, is the proposal that the Dáil on its rising today shall adjourn until 2. 30 p.m. on Tuesday, 23 March 2010, agreed to?
Enda Kenny (Mayo, Fine Gael)
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It is not agreed. Why did the Ceann Comhairle not ask the Tánaiste to respond to the legitimate proposal I made for an extension of time of the Order of Business? I am not objecting to the contents of the Order of Business, rather I am objecting to the timescale for it. I would like the Tánaiste to respond on behalf of the Government. The Ceann Comhairle said that my proposal and that of Deputy Gilmore and Deputy à Caoláin introduced new matter to the Order of Business and, as such, was a matter for the Taoiseach. The Tánaiste represents the Taoiseach who does not want to be here on Thursday mornings. I ask the Ceann Comhairle to ask the Tánaiste to respond to the proposition. Surely a matter where potentially serious medical ailments could arise for patients whose letters of referral have not been opened in Tallaght Hospital is a matter the House should consider?
When responding to the first case I raised in this House with the Taoiseach about the medical condition of an elderly lady, he said these cases are too facile to raise in the Parliament. I remind the Ceann Comhairle this is the most important element of who we are and what we do - the life and good health of our people. This is a matter of the most serious concern and I would like the Tánaiste to respond to the legitimate proposition I made here.
Pádraic McCormack (Galway West, Fine Gael)
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Hear, hear. Let us have it, Mary.
Eamon Gilmore (Dún Laoghaire, Labour)
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I oppose the Tánaiste's proposal that the House should adjourn until 23 March. This adjournment, we are led to believe, is to facilitate Government Ministers travelling abroad to represent Ireland on St. Patrick's Day. It is a good thing that Ministers represent Ireland on St. Patrick's day and that we maximise the opportunities it gives us to promote the country.
Charles Flanagan (Laois-Offaly, Fine Gael)
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Who will be travelling to Angola?
Eamon Gilmore (Dún Laoghaire, Labour)
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St. Patrick's Day, however, is one day and at best, St. Patrick's Day events are organised for a couple of days around it. We now have a Minister, however, who is on a visit to New Zealand for two weeks on an itinerary that according to the newspapers today reads more like "The Lord of the Rings" trail than it does like a State visit; the only thing missing is dinner hosted by Bilbo Baggins. Meanwhile, the health service for which she is responsible is falling apart.
We have already had the episode in Tallaght hospital. There is a also report, that has not been officially published but which has been leaked, on the organisation of the Department of Health and Children that states, according to The Irish Times, "The Department of the Taoiseach has run its rule over health and found a department under siege from the seemingly endless crises afflicting the sector. Staff are frustrated and disillusioned, morale is at rock bottom and leadership is uneven at best"
Pádraic McCormack (Galway West, Fine Gael)
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Leadership is missing in action, like the Minister.
Eamon Gilmore (Dún Laoghaire, Labour)
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In another report it is stated that some staff in the Department have little or nothing to do while colleagues are overwhelmed with work but management appears reluctant to deal with the problems.
It is one thing to have the country represented abroad on St. Patrick's Day but the abuse of that on this occasion is not acceptable and it is not acceptable to the Labour Party that the House should adjourn until 23 March when there are serious matters, including the problem in Tallaght, that need to be addressed and that the Government has insisted we cannot discuss today.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I propose that the Dáil sit for one full day in the coming week, either Thursday 18 March or Friday 19 March, to accommodate the return of as many Ministers and Ministers of State from wherever they may be over the St. Patrick's Day period. It is imperative that the Minister for Health and Children is recalled to face the serious crisis presenting in our health service, a crisis built on crises over the years. There can be no doubt in anyone's mind about the real fears and the public disquiet over this matter. It is most likely that the issue is not unique to Tallaght hospital. It beggars belief that Tallaght hospital would be a unique aberration within the network of acute hospital sites across this State.
Séamus Kirk (Louth, Ceann Comhairle)
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This is serious repetition. We had this on the previous point.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am stating clearly that we require a full investigation to establish all of the facts, to assuage people's fears by addressing the failures within the current system and to restore confidence by taking the appropriate steps to ensure this never happens again. There are core questions in this issue, the Minister's accountability being one, but there is also the accountability of those we pay within the health services. I want to know what these consultant radiologists are doing if they are not reading X-rays.
Séamus Kirk (Louth, Ceann Comhairle)
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Standing Order 26 allows for brief statements on the Order of Business and the Deputy has gone beyond that, much beyond it.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have not gone beyond it, this is a hugely important matter. If they are not reading the X-rays and ignoring referral letters-----
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With respect, I am an elected Member of this House.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am also a spokesperson on this issue and I insist on my right to explain why I am opposed to the Order of Business.
Séamus Kirk (Louth, Ceann Comhairle)
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Must I explain that Standing Order 26 does not contemplate long contributions on the Order of Business?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am stating clearly that we need to know what is at the base of the systems failure within the Tallaght experience and if the same exists in other hospital sites, that the difficulties are being addressed and that steps are being taken to ensure this does not recur.
It is now beholden on any Opposition party that is providing pairs for Government Ministers, specifically in the case of the Minister for Health and Children, to withdraw from those arrangements.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy is going off on a tangent.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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No, the Minister should be here. She has lost any right for corresponding support and I call on Opposition parties to withdraw any pairing arrangements during the Minister's absence from this Chamber and this country at this time.
Mary Coughlan (Donegal South West, Fianna Fail)
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These are serious issues. The practices are unacceptable. The most important people to be spoken of in this House are the patients. That is why the clinical review is hugely important and it is the patient care that must be addressed and that is exactly what is happening.
We all agree that we must have the facts, we cannot form a judgment unless we have all the facts of the situation. New facts arose yesterday evening and they will have to be deciphered and that is why the independent investigation is being carried out by the HSE.
James Reilly (Dublin North, Fine Gael)
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The letter must be read before it can be deciphered.
Fergus O'Dowd (Louth, Fine Gael)
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Perhaps they should X-ray it.
Mary Coughlan (Donegal South West, Fianna Fail)
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This is an independent hospital and it will have an independent investigation.
Jan O'Sullivan (Limerick East, Labour)
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It is funded with public money.
Arthur Morgan (Louth, Sinn Fein)
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It is funded by the taxpayer.
Enda Kenny (Mayo, Fine Gael)
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It is funded by the Minister for Health and Children.
Mary Coughlan (Donegal South West, Fianna Fail)
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It is also appropriate to say that it is easy for Members to personalise issues and to use opportunities like this, unpalatable as they might like to hear it from me, to use the distresses of patients for political opportunism.
Alan Shatter (Dublin South, Fine Gael)
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That is a shameful comment.
Mary Coughlan (Donegal South West, Fianna Fail)
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There are questions to be asked of management, of the board, of governance and questions will have to be answered.
Séamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste must be allowed to continue without interruption. We proceed on the basis that whoever is in possession is allowed the floor while he or she speaks.
Mary Coughlan (Donegal South West, Fianna Fail)
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There are questions to be asked on governance and questions to be answered on why the service that is expected of those employed by the State was not provided for clients and their representatives, the GPs. All of that is being investigated. We will await the outcome of the investigation so we can establish the facts.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Are there terms of reference for any investigation?
James Reilly (Dublin North, Fine Gael)
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The issue was raised in April 2009, 11 months ago.
Séamus Kirk (Louth, Ceann Comhairle)
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I will ask the Deputy to leave if he does not desist.
Paul Connaughton Snr (Galway East, Fine Gael)
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We may as well all leave.
Mary Coughlan (Donegal South West, Fianna Fail)
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Clearly the clinical reviews are there to support patient care.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Reilly must resume his seat. The Tánaiste must be allowed to speak without interruption.
Mary Coughlan (Donegal South West, Fianna Fail)
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All of the issues will be dealt with in the investigation. Once it has been completed, changes that must be made will be made and the Minister will deal with them when the full facts are available to her.
Perhaps someone might have listened to one of Deputy Reilly's colleagues, the GP who was bemused about why the Minister for Health and Children has been brought into this when the investigation is about the non-delivery of services to patients in that hospital.
James Reilly (Dublin North, Fine Gael)
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There is one Minister without a party and one Minister without responsibility.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should resume his seat or leave the House.
James Reilly (Dublin North, Fine Gael)
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That is what is wrong here.
Séamus Kirk (Louth, Ceann Comhairle)
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If he does not resume his seat, I will ask him to leave the House.
Michael Creed (Cork North West, Fine Gael)
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She knew about it last year.
James Reilly (Dublin North, Fine Gael)
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There is no accountability and no respect for the people.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy, resume your seat.
James Reilly (Dublin North, Fine Gael)
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I will respect the Chair when this Government respects the people. It is outrageous.
Enda Kenny (Mayo, Fine Gael)
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There is a serious lack of accountability.
Séamus Kirk (Louth, Ceann Comhairle)
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I call the Tánaiste to reply.
James Reilly (Dublin North, Fine Gael)
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All we are getting are facile comments.
Johnny Brady (Meath West, Fianna Fail)
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He is annoyed because NAMA is taking over his business.
Mary Coughlan (Donegal South West, Fianna Fail)
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It is on that basis that we await the investigation so that we can deal with the facts on the floor of this House if necessary.
Paul Kehoe (Wexford, Fine Gael)
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The Deputy should be made to withdraw that.
Séamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste, without interruption.
Mary Coughlan (Donegal South West, Fianna Fail)
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Issues are emerging which will be dealt with by the investigation.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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They were emerging for the last year.
Mary Coughlan (Donegal South West, Fianna Fail)
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The investigation will bring to light the reason the issues arose, how they will be addressed and why they should never happen again.
Dick Roche (Wicklow, Fianna Fail)
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If the Deputy knew about them, why did he not do something about them?
Séamus Kirk (Louth, Ceann Comhairle)
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Deputies, please, allow the Tánaiste to continue without interruption.
Mary Coughlan (Donegal South West, Fianna Fail)
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On the issue of St. Patrick's day-----
Jim O'Keeffe (Cork South West, Fine Gael)
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He would be ashamed of his country today.
Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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He would be looking for an X-ray.
Noel Coonan (Tipperary North, Fine Gael)
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He can come back again because there are a few Smithwicks left.
Mary Coughlan (Donegal South West, Fianna Fail)
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This is an occasion which is used by every Government to spread key messages abroad-----
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Sun yourselves on the beach.
Mary Coughlan (Donegal South West, Fianna Fail)
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-----attract foreign direct investment-----
Paul Kehoe (Wexford, Fine Gael)
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Lie on the beach for two weeks.
Mary Coughlan (Donegal South West, Fianna Fail)
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-----and support our own industries abroad whether they be in tourism, food and beverage or whatever.
Michael Creed (Cork North West, Fine Gael)
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How much foreign direct investment comes from New Zealand?
Mary Coughlan (Donegal South West, Fianna Fail)
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A substantial programme of work has been given to all Ministers and on that basis, unlike any other country in the world, we have an opportunity to sell Ireland as a place to do business and to support our indigenous industries. Ministers are travelling on that basis and the Taoiseach will take advantage of these opportunities when he travels to the United States to meet that country's President, seek out new foreign direct investment and support our indigenous industries. For that reason, I am not prepared to change the Order of Business.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Kenny, we have spent one hour on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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I want to be helpful to the Tánaiste.
Enda Kenny (Mayo, Fine Gael)
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The Tánaiste is incorrect with her facts. Other countries have special days, such as Bastille Day or the Fourth of July.
Séamus Kirk (Louth, Ceann Comhairle)
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He is completely out of order.
Conor Lenihan (Dublin South West, Fianna Fail)
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Is that the former Minister for Tourism and Trade who never travelled abroad?
Séamus Kirk (Louth, Ceann Comhairle)
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He will have to find an alternative way to pursue his argument because he cannot do so on the Order of Business.
Séamus Kirk (Louth, Ceann Comhairle)
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I ask the Deputy to be very brief.
Séamus Kirk (Louth, Ceann Comhairle)
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Allow Deputy Kenny to make a brief contribution.
Enda Kenny (Mayo, Fine Gael)
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Deputy Roche is wearing his ministerial tie today.
Dick Roche (Wicklow, Fianna Fail)
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I thank the Deputy but he knows what he said was untrue.
Paul Connaughton Snr (Galway East, Fine Gael)
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He was the only one to talk his way out of the job.
Enda Kenny (Mayo, Fine Gael)
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The Tánaiste referred to making judgments when the facts are known and spoke about emerging issues. One fact is that the Minister for Health and Children will be in New Zealand for a fortnight.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Kenny, please, we have been dealing with this for the last hour.
Enda Kenny (Mayo, Fine Gael)
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The second issue I would like the Tánaiste to address, because I am sure the Government is anxious to ascertain the truth, concerns the reports that by last summer there were up to 30,000 unopened letters in Tallaght. The figure may have since decreased but given this is an emerging issue, what are the facts of the matter? Is it a fact-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Order of Business is not Question Time.
Enda Kenny (Mayo, Fine Gael)
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-----that there are thousands of unopened letters?
Séamus Kirk (Louth, Ceann Comhairle)
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It is not possible to seek that kind of detailed information on the Order of Business. He could put a parliamentary question, a private notice question or a matter on the Adjournment. There are many alternatives.
Séamus Kirk (Louth, Ceann Comhairle)
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I have allowed the Deputy significant latitude. He should be very brief.
Enda Kenny (Mayo, Fine Gael)
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I proposed that the Dáil should sit later this evening. In the interests of the thousands of people concerned, I would like the Government to tell us whether it is a fact that thousands of referral letters to Tallaght hospital lie unopened? Is that a fact, "Yes" or "No"? Can we take it as the truth?
Mary Coughlan (Donegal South West, Fianna Fail)
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The last thing I would do is mislead the House.
Mary Coughlan (Donegal South West, Fianna Fail)
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I recall Ministers over many years being expected to establish facts without them being available.
Michael D'Arcy (Wexford, Fine Gael)
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The information is available.
Mary Coughlan (Donegal South West, Fianna Fail)
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There is a dispute at the hospital arising from the issues which came to light last night. These matters will be raised by the Department-----
Mary Coughlan (Donegal South West, Fianna Fail)
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-----when it meets the CEO to establish the facts of the situation.
Mary Coughlan (Donegal South West, Fianna Fail)
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I will not pre-empt that meeting but the facts will be established following it and all the issues will be investigated. Arising from that investigation, judgments can be made one way or the other. At the end of the day, the protocol is in place, the matter is being dealt with, the clinical reviews are taking place and the practice whereby a consultant radiologist examines X-rays has been re-established.
Enda Kenny (Mayo, Fine Gael)
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Are there thousands of unopened letters at the hospital?
Mary Coughlan (Donegal South West, Fianna Fail)
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The matter of the letters of referral from GPs is being raised, probably at this moment, between the Department and the CEO-----
Alan Shatter (Dublin South, Fine Gael)
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There should be a statement to this House on the actions that will be taken.
Mary Coughlan (Donegal South West, Fianna Fail)
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-----and then the facts will be established.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Shatter, allow the Tánaiste to continue without interruption.
Mary Coughlan (Donegal South West, Fianna Fail)
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I remind the House-----
Alan Shatter (Dublin South, Fine Gael)
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There should be a statement in this House on the investigation and its outcome.
Dick Roche (Wicklow, Fianna Fail)
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When the facts are available.
Mary Coughlan (Donegal South West, Fianna Fail)
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We have to establish the facts before we can comment further.
Séamus Kirk (Louth, Ceann Comhairle)
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We need to dispose of the Order of Business.
Eamon Gilmore (Dún Laoghaire, Labour)
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I have a question for the Tánaiste.
Enda Kenny (Mayo, Fine Gael)
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The Tánaiste has said the facts-----
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Kenny, please, you are making a mockery of the Order of Business.
James Reilly (Dublin North, Fine Gael)
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This Government is making a mockery of the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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The Tánaiste has said, and I thank her for it, that probably at this moment-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Order of Business is not Question Time.
Enda Kenny (Mayo, Fine Gael)
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-----these facts are being ascertained.
Séamus Kirk (Louth, Ceann Comhairle)
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There will be further opportunities to deal with these matters.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Kenny, resume your seat.
Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
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Deputy Kenny is not showing much respect to the House.
Enda Kenny (Mayo, Fine Gael)
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-----why the House cannot sit later this evening to respond to the meeting currently taking place.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy is not being helpful.
Enda Kenny (Mayo, Fine Gael)
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Ceann Comhairle, I am being helpful.
Séamus Kirk (Louth, Ceann Comhairle)
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You are being quite disruptive.
Enda Kenny (Mayo, Fine Gael)
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These questions are being investigated to determine the facts. I want to know whether the House can sit for a further hour this evening for statements and a report on the meeting that is taking place at present so we can establish the truth.
James Reilly (Dublin North, Fine Gael)
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I am sure Deputy O'Connor would like the House to discuss the matter.
Enda Kenny (Mayo, Fine Gael)
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It is in the interest of patients.
James Reilly (Dublin North, Fine Gael)
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He is nodding his head in assent.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Reilly, please. I call Deputy Gilmore on the Order of Business.
Eamon Gilmore (Dún Laoghaire, Labour)
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The country is scandalised by what has happened in Tallaght. We need to get answers on behalf of the people, including the patients involved, and accountability from the Minister for Health and Children. The proposal to adjourn the House until 23 March is causing considerable difficulty. We have already voted on an earlier proposal and the Ceann Comhairle told us that the proposal that the House should sit until 6.45 p.m. to hear from somebody regarding what went on is out of order. That is his call.
When Ministers go abroad for St. Patrick's Day, I understand it is normal practice to transfer ministerial functions to another Minister. I ask the Tánaiste to whom-----
Jan O'Sullivan (Limerick East, Labour)
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There has to some accountability.
Eamon Gilmore (Dún Laoghaire, Labour)
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-----has the Minister for Health and Children transferred her responsibilities while she is in New Zealand.
Paul Connaughton Snr (Galway East, Fine Gael)
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I would say they do not know.
Eamon Gilmore (Dún Laoghaire, Labour)
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Who in the Government-----
Séamus Kirk (Louth, Ceann Comhairle)
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I ask the Deputy to wind up his question. We want to deal with the Order of Business and I need to get a decision.
Eamon Gilmore (Dún Laoghaire, Labour)
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I will wind up when the Ceann Comhairle gets order for me. Who in the Government has responsibility for these matters and is answerable to this House for what happened in Tallaght while the Minister for Health and Children is in New Zealand? This is the issue on the Order of Business. It is not acceptable to the Opposition that the Dáil will be closed down now until 23 March, that no answers can be given about what went on and that no Minister is held accountable. There are people on the Government side desperately trying to find a doctor, a hospital manager, a porter or someone that this problem can be hung around the neck of.
Eamon Gilmore (Dún Laoghaire, Labour)
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However, there is a matter of ministerial responsibility and I wish to know which Minister is responsible.
Séamus Kirk (Louth, Ceann Comhairle)
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I call Deputy à Caoláin very briefly because I am putting the question now.
Joan Burton (Dublin West, Labour)
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We deserve the courtesy of a reply.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The proposition before us now is to rise until Tuesday week next, 23 March. Will the Tánaiste consider what I have already put to the House, that is, we come back here for one day at the end of next week? I have no issue with and I wish well those Ministers who are going on various supportive visits, trade-related I would hope, that would be of benefit to the people at home and the Irish diaspora overseas. No one has suggested that should not happen. I proposed that we would sit either on the following day or the Friday. It is not a situation whereby every Minister must be here but I believe, given the great importance of what is involved, the Minister for Health and Children should be brought back earlier than she planned. This is something in keeping with all the wide, broad opinion of the people and it is what they would expect in this situation, as people in any other democracy would also expect. I believe it is a very reasonable request to make and, by the end of next week, there should be a good deal more information and certainty in respect of all these matters. Are terms of reference agreed in respect of the investigation currently under way? The Tánaiste stated they would address all of the questions. We posed questions here yesterday and this morning.
Séamus Kirk (Louth, Ceann Comhairle)
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A brief statement, please. I call on the Deputy bring it to a conclusion.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Without sight of the terms of reference we have no way of knowing if all our questions are indeed being addressed. Will the Tánaiste finally clarify if steps are being taken to establish whether these problems arise and apply at other hospital sites throughout the State? All of these points are pertinent to this matter.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy has had a good innings.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I appeal to the Tánaiste to answer to all of these questions.
Séamus Kirk (Louth, Ceann Comhairle)
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A brief reply from the Tánaiste, please, because I need to get the Order of Business decided.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister for Health and Children can come back on Monday because St. Patrick's Day is on Sunday in New Zealand according to the Taoiseach.
Mary Coughlan (Donegal South West, Fianna Fail)
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We talk about efficiencies. It is now 11.35 p.m. and we still have not even started to do our business in this House. That being said-----
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy O'Sullivan should resume her seat.
Mary Coughlan (Donegal South West, Fianna Fail)
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With regard to the delegation orders-----
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy O'Sullivan should resume her seat, please.
James Reilly (Dublin North, Fine Gael)
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The Tánaiste is more interested in talking about St. Patrick's Day than the welfare and health of people in this country.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Reilly, please. I call the Tánaiste without interruption, please.
Jan O'Sullivan (Limerick East, Labour)
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Such flippancy does no justice to the Tánaiste.
James Reilly (Dublin North, Fine Gael)
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Regardless of who is responsible, they should be brought to book.
Mary Coughlan (Donegal South West, Fianna Fail)
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There are no delegation orders on this occasion because a delegation order only takes place when the Minister for Finance is not here. The Minister will be here so there will be no delegation order. I have indicated ad infinitum what the situation is.
Mary Coughlan (Donegal South West, Fianna Fail)
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I cannot add anymore to what the House wishes to have, except the fact that I am not accepting a change to the order, which is, that the House on its rising will adjourn until 2.30 p.m. on Tuesday, 23 March.
Jan O'Sullivan (Limerick East, Labour)
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The Tánaiste is saying no one is responsible.
The Dail Divided:
For the motion: 66 (Bertie Ahern, Dermot Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, Bobby Aylward, Niall Blaney, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Pat Carey, Niall Collins, Margaret Conlon, Seán Connick, Mary Coughlan, John Cregan, Ciarán Cuffe, John Curran, Jimmy Devins, Timmy Dooley, Frank Fahey, Michael Fitzpatrick, Beverley Flynn, Paul Gogarty, Noel Grealish, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Peter Kelly, Michael Kennedy, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Michael Lowry, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, John O'Donoghue, Noel O'Flynn, Rory O'Hanlon, Mary O'Rourke, Christy O'Sullivan, Peter Power, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Noel Treacy, Mary Wallace, Mary White, Michael Woods)
Against the motion: 62 (James Bannon, Seán Barrett, Joe Behan, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Paul Connaughton, Noel Coonan, Joe Costello, Simon Coveney, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Andrew Doyle, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Eamon Gilmore, Brian Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Dan Neville, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, Jim O'Keeffe, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Maureen O'Sullivan, John Perry, Ruairi Quinn, James Reilly, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Joanna Tuffy, Mary Upton)
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.
Jan O'Sullivan (Limerick East, Labour)
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On a point of order, how can I, as a health spokesperson in this House and as a public representative, hold the Executive to account on the information that has come to light about bags of unopened letters from GPs to a major hospital in this country?
Séamus Kirk (Louth, Ceann Comhairle)
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As the Deputy will be aware, the Chair does not have a role in that matter. There are many other ways to raise it, such as parliamentary questions and the Adjournment.
Jan O'Sullivan (Limerick East, Labour)
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The Ceann Comhairle knows well that a parliamentary question will not be answered.
Séamus Kirk (Louth, Ceann Comhairle)
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There are many other ways.
Jan O'Sullivan (Limerick East, Labour)
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He knows if I put down an Adjournment matter, I will get a junior Minister. How can I hold the Executive to account, or is the Ombudsman correct?
Séamus Kirk (Louth, Ceann Comhairle)
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We will not have a debate on the matter at this stage. There is a committee dealing with Dáil reform and these are the sorts of issues it should be considering.
Jan O'Sullivan (Limerick East, Labour)
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This is the most important public issue in this country today.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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It has been dealing with Dáil reform for a long time.
Jan O'Sullivan (Limerick East, Labour)
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Is the Ceann Comhairle telling me that as the spokesperson in the area, I cannot hold the Government to account?
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy could, for example, table a matter for the Adjournment.
Jan O'Sullivan (Limerick East, Labour)
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I did that last week when I tried to raise something and a junior Minister replied. I want to hold a senior Minister to account.
Séamus Kirk (Louth, Ceann Comhairle)
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The Chair does not have responsibility for the query Deputy O'Sullivan is raising.
Jan O'Sullivan (Limerick East, Labour)
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The Ceann Comhairle told us the Minister for Finance was in charge. How can I hold the Executive to account on this important issue?
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy O'Sullivan will have to speak, through her party Whip, to the Government Whip and go through the consultative process.
Jan O'Sullivan (Limerick East, Labour)
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That is not acceptable.
Séamus Kirk (Louth, Ceann Comhairle)
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I do not have a role in advising Members as to how they hold-----
Séamus Kirk (Louth, Ceann Comhairle)
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I must implement the Standing Orders here.
Jan O'Sullivan (Limerick East, Labour)
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The Government has just abdicated responsibility on this issue.
Séamus Kirk (Louth, Ceann Comhairle)
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I must implement the Standing Orders.
Jan O'Sullivan (Limerick East, Labour)
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The Government is abdicating its responsibility. It is not dealing with it.
Séamus Kirk (Louth, Ceann Comhairle)
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I am not abdicating responsibility.
Jan O'Sullivan (Limerick East, Labour)
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The Government has abdicated responsibility.
Séamus Kirk (Louth, Ceann Comhairle)
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I have no arbitrary powers to summarily change any of the rules in the House. I must implement them as per the Standing Orders as best I can on a daily basis, and I will try to do that.
Eamon Gilmore (Dún Laoghaire, Labour)
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On that, and following on from what Deputy O'Sullivan has said, one of our functions here is to hold the Executive to account. Here is the problem. The Ceann Comhairle suggests tabling a matter on the Adjournment, putting down a parliamentary question, etc. One cannot have an Adjournment debate or have a parliamentary question answered if the House is not sitting, and the House has just decided that it will not sit again until 23 March.
Séamus Kirk (Louth, Ceann Comhairle)
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There is the Adjournment today.
Eamon Gilmore (Dún Laoghaire, Labour)
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Bear with me, the House is not sitting until 23 March and parliamentary questions motions, etc., cannot be done that way.
Simon Coveney (Cork South Central, Fine Gael)
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Can I raise an issue on the Order of Business?
Eamon Gilmore (Dún Laoghaire, Labour)
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We could perhaps ask that the Minister come into the House to answer questions today as it is the only day now open to us to have that done. The problem with that is the Minister, Deputy Harney, is in New Zealand and the Tánaiste has just told us that before she left she did not transfer her functions to any other Minister.
Mary Coughlan (Donegal South West, Fianna Fail)
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There is no need for a delegation order.
Eamon Gilmore (Dún Laoghaire, Labour)
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The House is sitting today. We want answers as to what happened in Tallaght.
Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
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There is no obligation on the Minister.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Gilmore is gilding the lily somewhat.
Joan Burton (Dublin West, Labour)
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The 14,000 patients might think that Fianna Fáil has an obligation.
Eamon Gilmore (Dún Laoghaire, Labour)
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The House is sitting today-----
James Reilly (Dublin North, Fine Gael)
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On the same subject, how can the Tánaiste-----
Séamus Kirk (Louth, Ceann Comhairle)
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I will have to suspend the House if the Members will not co-operate.
James Reilly (Dublin North, Fine Gael)
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Then do so because this is outrageous. The Tánaiste tells us that there is no need to delegation the responsibility from the Minister for Health and Children, the country is left with no Minister for Health and Children, thousands of people have their letters lying in bags,-----
James Reilly (Dublin North, Fine Gael)
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Some 50,000 know their X-rays are not read.
Séamus Kirk (Louth, Ceann Comhairle)
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-----please resume your seat.
James Reilly (Dublin North, Fine Gael)
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How many other hospitals are involved here?
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Reilly, will you resume your seat?
James Reilly (Dublin North, Fine Gael)
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How many other people are at risk because of the ineptitude of this Government?
Séamus Kirk (Louth, Ceann Comhairle)
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I am suspending the House for 15 minutes.
12:00 pm
Séamus Kirk (Louth, Ceann Comhairle)
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Can we move onto the Inland Fisheries Bill 2009 - Order for Report, Report and Final Stages?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I was the Member the Ceann Comhairle intended calling next before the suspension. When the Ceann Comhairle responded to Deputy Jan O'Sullivan that there were options to establish the information she and we collectively seek, he referred to parliamentary questions. On one day this week, I received six replies from the office of the Minister for Health and Children. Each brief reply states:
I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
It is the responsibility of the Minister to respond. All Ministers have a responsibility to respond to Deputies' questions. A work to rule does not excuse that responsibility. Some other means and mechanism must be found to ensure the critical information required on behalf of constituents and community interest groups can continue to be fed.
This set of responses differs from the approach of other Ministers. On the same day I received these answers, I received answers from the Minister for Justice, Equality and Law Reform, who indicated in his reply that as soon as he was in a position to do so he would get back to me on the matter. There is a stark difference between the two. The Minister for Health and Children is putting the onus and responsibility on me to reinitiate my questions at some point in the future. The Minister for Justice, Equality and Law Reform has quite rightly, as a holding position, indicated he will revisit the question when the information flow resumes. This is indicative of everything we have been saying about the Minister for Health and Children. It is a "wash your hands" situation and nothing exemplifies it more than her approach in respect of replies to Members. Against the background of scandal on top of scandal and crisis on top of crisis-----
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy, we have spent an inordinate amount of time on the Order of Business this morning. I ask Members for some co-operation.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Where and how can we address these concerns as Members of this House? We are elected to carry out particular tasks and the first response of the Ceann Comhairle to Deputy O'Sullivan was to suggest this particular course.
Séamus Kirk (Louth, Ceann Comhairle)
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It was one of a number of options.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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As another health spokesperson in this Chamber, I suggest this course is not open to us because the Minister will not respond, nor will she indicate her intention to reply.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy à Caoláin is abusing the Order of Business in pursuing this matter. There are so many other ways to deal with this. We have a Dáil reform committee and the inadequacy of Dáil replies is being considered there.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What will the Ceann Comhairle do?
Séamus Kirk (Louth, Ceann Comhairle)
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The Chair does not have a rights commissioner role in this matter. It is as simple as that.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Surely one of the functions of the Ceann Comhairle is to defend the rights of Members to have access to critical information as elected representatives.
Séamus Kirk (Louth, Ceann Comhairle)
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I simply implement Standing Orders as set down and agreed by the membership of the House.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is most unsatisfactory.
Simon Coveney (Cork South Central, Fine Gael)
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Yesterday, I took the advice of the Ceann Comhairle and attempted to raise an issue involving the HSE during the Adjournment debate. The Ceann Comhairle kindly accepted the motion on the Adjournment, which relates to the latest child to go missing from HSE care, this time in Cork. She has been missing since 26 January and I raised the issue last night in order to establish some facts from a representative of the Minister of State, Deputy Barry Andrews, who was not able to be here. The response was that the HSE is not in a position to provide information in respect of the issue raised due to ongoing industrial action.
Have we reached a situation where a Member of this House cannot ascertain facts on an Adjournment debate about missing children who were in the care of the State, who are now on missing persons lists with their names and photographs on the ie.missingkids.com website? I believe this matter is in order. Is the Government putting a facility in place that will allow it to answer questions and provide satisfactory answers to Adjournment debates and motions before the House while there is industrial action so that we can get answers to serious issues like the one I raised last night?
Mary Coughlan (Donegal South West, Fianna Fail)
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In certain circumstances Ministers are not in a position to obtain facts. It is unfortunate but that is the current situation. The Taoiseach indicated that, in the context of the industrial dispute, he is open to examining avenues through which this matter can be dealt with. Until such time as the matters are resolved, people will be discommoded when seeking extensive replies. On the basis of what is happening, I am not aware of the Adjournment debate. I can ask someone at a senior level, such as at assistant secretary grade, to contact Deputy Coveney to deal with his query on behalf of the constituent.
Like the Taoiseach, and like leaders of both parties, we cannot afford to spend hours and hours in this House when we are getting nowhere. The Order of Business should have been completed an hour and a half ago and it is unfortunate that I have had to miss two important appointments, one of which was the launch of the innovation task force. I respect the House and I always will.
Enda Kenny (Mayo, Fine Gael)
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If the Tánaiste had conceded, it would have been over in five minutes.
Mary Coughlan (Donegal South West, Fianna Fail)
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On that basis, I beg the indulgence of the Ceann Comhairle to ascertain if we can deal with matters on the Order of Business that are in order, as the Ceann Comhairle alluded to on a number of occasions, with regard to legislation. On the personal issue raised by Deputy Coveney, of which I was not aware, I will try to facilitate him with a response as a matter or urgency.
Séamus Kirk (Louth, Ceann Comhairle)
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It is now 12.10 p.m. and we must move on.
Enda Kenny (Mayo, Fine Gael)
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The Tánaiste is a busy person and I respect she has responsibilities. This matter was in her hands. Had she conceded an hour at the close of business this evening to deal with the issues arising at Tallaght hospital, discussion on the matter could have ended within five minutes. The Tánaiste has been her own worst enemy in this regard this morning.
James Reilly (Dublin North, Fine Gael)
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On the same and related matters, the Tánaiste needs to understand that there is huge anger on the streets, not alone on the part of the 30,000 people whose letters-----
James Reilly (Dublin North, Fine Gael)
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If the Ceann Comhairle will allow me to proceed, I will be brief.
James Reilly (Dublin North, Fine Gael)
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The Ceann Comhairle does not know exactly-----
James Reilly (Dublin North, Fine Gael)
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Prescient and all as is the Ceann Comhairle, he does not know what I am going to say.
Séamus Kirk (Louth, Ceann Comhairle)
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I knew the Deputy had come in to generate a mood of positivity in the Chamber.
James Reilly (Dublin North, Fine Gael)
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If the Ceann Comhairle will allow me to proceed, I will be brief.
James Reilly (Dublin North, Fine Gael)
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I am pointing out that the 58,000 people directly affected by this issue and many other people and families, including the 30,000 people whose letters-----
Séamus Kirk (Louth, Ceann Comhairle)
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This point has been laboured since the commencement of the Order of Business this morning.
James Reilly (Dublin North, Fine Gael)
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Millions of people are concerned about themselves and their families.
James Reilly (Dublin North, Fine Gael)
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The Tánaiste has important business to take care of and mentioned earlier the word "appointment", which is-----
James Reilly (Dublin North, Fine Gael)
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Yes, ironic. What about the appointments which all of the people concerned did not get? Those appointments were important to them. In some cases, there may have been matters of life and death involved. We do not know. The reality is that had the Tánaiste afforded us an opportunity to discuss this matter the House would not find itself in this-----
Séamus Kirk (Louth, Ceann Comhairle)
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We have dealt with that matter. I must ask the Deputy to resume his seat.
James Reilly (Dublin North, Fine Gael)
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Is it in order for me to ask about promised legislation?
James Reilly (Dublin North, Fine Gael)
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Perhaps the Tánaiste will comment on the value of the proposed eligibility for health and personal social services Bill which is due to come before the House given that people cannot access health services and that letters forwarded to hospitals by GPs requesting care are simply thrown in a corner.
Séamus Kirk (Louth, Ceann Comhairle)
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Has legislation in this area been promised?
Mary Coughlan (Donegal South West, Fianna Fail)
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We are not in a position to indicate when the legislation referred to will be introduced.
Eamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise three matters with the Tánaiste. The first relates to last year's St. Patrick's Day events on which occasion the Minister for Finance in an interview with The Financial Times stated that the Government intended to introduce as a matter of urgency legislation to deal with the problem of crony capitalism in Ireland. When will that legislation come before the House?
The European Court of Justice ruled last week that minimum pricing for tobacco products in Ireland is illegal. What plans, if any, does the Government have to deal with this matter?
My third question relates to an issue drawn to my attention by Labour MEP, Alan Kelly, namely, that the State aid rules in the European Commission are under revision and that proposals for changes in the thresholds for State aid rules must be submitted before the end of this month. Is this matter being addressed? Clearly, this is an issue which will impact on employment in this country.
Séamus Kirk (Louth, Ceann Comhairle)
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I call the Tánaiste on promised legislation.
Mary Coughlan (Donegal South West, Fianna Fail)
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I assume the first piece of legislation to which the Deputy refers is that dealing with the regulatory framework, appointments to boards and so on. That legislation is being worked on. The Deputy will be aware that the Minister was anxious, as we all were, to have the Finance Bill dealt with. The Central Bank legislation is also being worked on. I am not in a position to state when that legislation will be brought before the House. I will revert to the Deputy in regard to the other two issues raised by him.
P J Sheehan (Cork South West, Fine Gael)
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Members of the House may not be aware that 11 March is the birth date of the Minister for Health and Children, Deputy Harney. Perhaps the Tánaiste will pass on my best wishes to the Minister on her birthday today.
P J Sheehan (Cork South West, Fine Gael)
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On the civil partnership Bill, does the Government have any plans to introduce amendments in respect of the breach of promise in regard to ministerial rotation? Will the Government be introducing legislation when the House next meets to allow public houses in Munster to open on Good Friday?
P J Sheehan (Cork South West, Fine Gael)
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I want answers from the Tánaiste to my questions.
Séamus Kirk (Louth, Ceann Comhairle)
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Not today. I call Deputy O'Dowd.
Fergus O'Dowd (Louth, Fine Gael)
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In view of the fact that the chief executive officer of Iarnród Ãireann misled a Dáil committee on the matter of the safety of the Malahide viaduct to the effect it had received a clean bill of health when in fact it had received a report in 2006 stating that the viaduct was dangerous and that its foundations were disappearing-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy can raise this matter in so many other ways including by way of parliamentary question or on the Adjournment debate.
Fergus O'Dowd (Louth, Fine Gael)
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Hundreds of people could have died as a result of the negligence of Iarnród Ãireann. Is it acceptable that the chief executive of Iarnród Ãireann can mislead a committee of this House on such a basic safety issue? We need reassurances that all reports in regard to safety, bridges and installations by Irish rail will be published in full by the company and made available us through the Library of the House.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy will have to revisit that matter in another way.
Fergus O'Dowd (Louth, Fine Gael)
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As regards unread X-rays at Tallaght hospital, an issue which has taken up so much time in this House this morning, is it a fact that some of the consultants involved-----
Fergus O'Dowd (Louth, Fine Gael)
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-----were working in private operated clinics in the city while this backlog of 54,000 X-rays were not read? Is that acceptable to the Department?-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy's questions could be more appropriately addressed by way of parliamentary question. I call Deputy O'Sullivan.
Jan O'Sullivan (Limerick East, Labour)
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It is quite likely more information with regard to unread X-rays in Irish hospitals will be forthcoming this week.
Séamus Kirk (Louth, Ceann Comhairle)
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We have spent since 10.30 a.m. discussing this matter.
Jan O'Sullivan (Limerick East, Labour)
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I wish, as a public representative, to ask a simple question. To whom do I go, in terms of accountability, in this regard during the next week? Somebody must be in charge of the Department of Health and Children for the next week when issues arise.
Séamus Kirk (Louth, Ceann Comhairle)
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We had that question earlier.
Jan O'Sullivan (Limerick East, Labour)
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I do not know the answer.
Eamon Gilmore (Dún Laoghaire, Labour)
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What is the answer to the question?
Jan O'Sullivan (Limerick East, Labour)
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I know what the question is but I do not know the answer.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy got a reply to that question earlier.
Jan O'Sullivan (Limerick East, Labour)
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I will be in the country-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste provided an answer to the question earlier.
Jan O'Sullivan (Limerick East, Labour)
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-----and I know I will be inundated with issues.
Eamon Gilmore (Dún Laoghaire, Labour)
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Is there an address in New Zealand we can write to?
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy, please. We are becoming a little facetious.
Jan O'Sullivan (Limerick East, Labour)
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I take it then I should contact the Taoiseach.
Jan O'Sullivan (Limerick East, Labour)
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He is gone too. Perhaps I should contact the Tánaiste or Minister for Finance.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy, please. We had answer to that question earlier.
Simon Coveney (Cork South Central, Fine Gael)
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We cannot get answers.
Eamon Gilmore (Dún Laoghaire, Labour)
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Who is in charge of the Department of Health and Children?
Séamus Kirk (Louth, Ceann Comhairle)
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The question was posed earlier. I call Deputy Burton.
Jan O'Sullivan (Limerick East, Labour)
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The answer is that we do not know. That is a lovely way to leave Parliament.
Pat Rabbitte (Dublin South West, Labour)
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I hope we will not be told the Minister of State, Deputy Conor Lenihan, is in charge.
Mary Coughlan (Donegal South West, Fianna Fail)
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No, he works for me.
Joan Burton (Dublin West, Labour)
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This week marks the end of the first 1,000 days of this Government, a Government that is clearly degenerating into a dysfunctional shambles.
Séamus Kirk (Louth, Ceann Comhairle)
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Does the Deputy have a query on legislation?
Joan Burton (Dublin West, Labour)
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Yes, I have. I remind the Ceann Comhairle that there are fewer than 14% women in this House. The Ceann Comhairle is more than happy to recognise-----
Séamus Kirk (Louth, Ceann Comhairle)
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We are delighted to have that 14%.
Joan Burton (Dublin West, Labour)
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------the men in this House but not the women, for speaking purposes.
Joan Burton (Dublin West, Labour)
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I will defend my right as a woman to speak-----
Séamus Kirk (Louth, Ceann Comhairle)
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And I will defend the Deputy's right to speak.
Joan Burton (Dublin West, Labour)
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I will not be talked down to by the Ceann Comhairle. I will be recognised by the Ceann Comhairle in the same way as male colleagues are recognised.
Joan Burton (Dublin West, Labour)
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As asked by my colleague, Deputy Kathleen Lynch, is the Ceann Comhairle's problem with women in general or just with women in the Labour Party?
Séamus Kirk (Louth, Ceann Comhairle)
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No. I must advise the Deputy that to speak on the Order of Business one is expected to be in order. Otherwise, the Deputy will set a trail of disorder in the House.
Joan Burton (Dublin West, Labour)
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I have waited patiently since 10.30 a.m.-----
Séamus Kirk (Louth, Ceann Comhairle)
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Yes and I have called the Deputy.
Joan Burton (Dublin West, Labour)
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I had my hand up so long I almost needed a prop under it to draw it to the Ceann Comhairle's attention.
Joan Burton (Dublin West, Labour)
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I wear the colour red nowadays so that when the Ceann Comhairle looks this way he might see me.
Joan Burton (Dublin West, Labour)
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The Ceann Comhairle appears to have-----
Mattie McGrath (Tipperary South, Fianna Fail)
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The Deputy should wear a high visibility vest.
Séamus Kirk (Louth, Ceann Comhairle)
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Does the Deputy have a query on legislation?
Joan Burton (Dublin West, Labour)
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-----a serious problem of male onset blankness in relation to women in the Labour Party.
Séamus Kirk (Louth, Ceann Comhairle)
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Does the Deputy have a query on legislation?
Joan Burton (Dublin West, Labour)
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Perhaps the former Ceann Comhairle will take the Ceann Comhairle out for a few lessons.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Burton, please address the Chair.
Joan Burton (Dublin West, Labour)
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He, at least, seemed to be prepared to recognise women.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Burton, please concentrate on the Chair.
Joan Burton (Dublin West, Labour)
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I accept the Tánaiste is perhaps angry having missed the innovation task force launch.
Mary Coughlan (Donegal South West, Fianna Fail)
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I am not angry at all.
Joan Burton (Dublin West, Labour)
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However, now that we have reached the end of the first 1,000 days of this dreadful, dysfunctional Government-----
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy that is not appropriate on the Order of Business.
Joan Burton (Dublin West, Labour)
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When Deputy à Caoláin speaks in paragraphs, it takes the Ceann Comhairle a while to even wake up. The Ceann Comhairle interrupts me almost immediately I complete two sentences.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy, please. I do not continually interrupt the Deputy. All I am doing-----
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Perhaps Deputy Burton should point her finger at some of her own male colleagues, rather than us.
Joan Burton (Dublin West, Labour)
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It is to Deputy à Caoláin's credit that he can speak in paragraphs.
Séamus Kirk (Louth, Ceann Comhairle)
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We are moving on to the Inland Fisheries Bill.
Charles Flanagan (Laois-Offaly, Fine Gael)
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A Cheann Comhairle,-----
Séamus Kirk (Louth, Ceann Comhairle)
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I call Deputy Charles Flanagan briefly.
Joan Burton (Dublin West, Labour)
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I want to ask the Tánaiste-----
Séamus Kirk (Louth, Ceann Comhairle)
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We need to establish some order in the House and I would appreciate the Deputy's co-operation in the matter.
Joan Burton (Dublin West, Labour)
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What plans does the Government have to have a debate on the innovation task force? The innovation task force is producing a series of recommendations which have been doing the rounds consistently for the entire first 1,000 days of this Government.
Séamus Kirk (Louth, Ceann Comhairle)
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Is there promised legislation in this area?
Joan Burton (Dublin West, Labour)
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Nothing has been done about any of it while we have 400,000 people unemployed. I feel sorry for the Tánaiste-----
Joan Burton (Dublin West, Labour)
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----- because she inherited the mess from the now absent person in the South Island of New Zealand, the Antarctic or wherever she has gone to.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should ask questions on legislation on the Order of Business.
Joan Burton (Dublin West, Labour)
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Can we hear when the innovation task force-----
Séamus Kirk (Louth, Ceann Comhairle)
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I call Deputy Charles Flanagan.
Joan Burton (Dublin West, Labour)
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-----will be debated in this House with a serious jobs plan? I am entitled-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy will resume her seat, please.
Joan Burton (Dublin West, Labour)
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The Tánaiste is willing to answer. I am entitled to ask about it.
Mary Coughlan (Donegal South West, Fianna Fail)
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The situation is-----
Joan Burton (Dublin West, Labour)
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Thank you, for defending my rights.
Mary Coughlan (Donegal South West, Fianna Fail)
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The innovation task force can be debated in the House when it can be facilitated by the Whips.
Joan Burton (Dublin West, Labour)
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Will that be any time soon? Will it be before or after St. Patrick's Day when we will have another 300 people a day unemployed?
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Tánaiste will be aware of reports in yesterday's newspapers of the invalidation of hundreds if not thousands of marriages in the State. Would she consider introducing amending legislation as was done in 1972 when a number of what were called "Lourdes marriages" were validated by way of amending legislation? This is a serious issue. I have seen no commentary from any member of Government on the matter. I ask the Tánaiste to address it in a serious form.
Given that the Dáil will not sit until the week after next, what plans does the Government have to ensure that children, particularly those planning to go on school tours around Easter, can access passports? They cannot leave the State because of an industrial dispute, into which the Government has led us.
Séamus Kirk (Louth, Ceann Comhairle)
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We have a query on legislation. I ask the Tánaiste if we have-----
Charles Flanagan (Laois-Offaly, Fine Gael)
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Such issues must be addressed by the elected representatives in this House.
Séamus Kirk (Louth, Ceann Comhairle)
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We will need to find another way.
Charles Flanagan (Laois-Offaly, Fine Gael)
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It is our job and duty.
Séamus Kirk (Louth, Ceann Comhairle)
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Not today, maybe tomorrow.
Charles Flanagan (Laois-Offaly, Fine Gael)
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I have no way of raising it; the Dáil will not be sitting next week. Ministers have no problems with their passports, diplomatic or otherwise; they will all be abroad.
Séamus Kirk (Louth, Ceann Comhairle)
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There is a query on legislation. Do we have promised legislation?
Charles Flanagan (Laois-Offaly, Fine Gael)
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What about the citizens of the State who cannot travel owing to the ongoing Government issue?
Mary Coughlan (Donegal South West, Fianna Fail)
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I was involved in the introduction of the Civil Registration Act 2004, which introduced new opportunities for solemnisers and also the dedication of particular buildings and areas for civil marriages to take place. I know that officials from the Department of Social and Family Affairs are liaising with the Department of Foreign Affairs with regard to these issues. I am not in a position to say as yet whether we actually would need to introduce any new legislation because unfortunately it may have been that embassies were not aware of the changes that took place arising from the 2004 Act. I will certainly inquire as to how this matter will need to be resolved.
Charles Flanagan (Laois-Offaly, Fine Gael)
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A simple amendment to the 1972 Act would do it. We did it for the Lourdes marriages. The issue is the same - the validation of marriages that have been declared invalid.
Mary Coughlan (Donegal South West, Fianna Fail)
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There has not been a final decision on this, but once that matter has been established I am sure we will be able to progress the issue.
Séamus Kirk (Louth, Ceann Comhairle)
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We are moving on to the Inland Fisheries Bill.
Charles Flanagan (Laois-Offaly, Fine Gael)
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What about the passport issue?
P J Sheehan (Cork South West, Fine Gael)
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The Tánaiste did not answer my question.
Séamus Kirk (Louth, Ceann Comhairle)
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She has taken note of it.
P J Sheehan (Cork South West, Fine Gael)
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Will the Government amend legislation for the opening of pubs on Good Friday?