Dáil debates

Thursday, 13 May 2010

11:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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On a point of order, I am at a loss to know whether the Tánaiste is aware of the procedures in the aftermath of the passage of the second Lisbon treaty in regard to the now greater powers. This is relevant.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I will not allow the Deputy to raise a point of order to initiate a Second Stage contribution on this issue.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Ceann Comhairle, you do not have the right to disallow it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I certainly have the right to disallow it.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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It is relevant to the discussion now taking place. Is the Ceann Comhairle aware of the powers now in the hands of national parliaments with regard to European legislation and agreements and the means that have been made-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This is not a point of order.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Will the Ceann Comhairle allow me finish?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy will be well able to make this point when we have the discussion next week.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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No, I am sorry. This predates all else. May I finish my sentence?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy can make the point in the context of the discussion when it arises next week or whenever.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I am sorry, Ceann Comhairle, this is not within your power to give or to withhold. It is simply a fact of life.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am telling the Deputy it is not a point of order and I am not allowing him to continue with the point of order.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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This is in order. National Parliaments throughout the European Union have specific powers given to them in the aftermath of the Lisbon treaty. Does the Ceann Comhairle agree?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We terminated the discussion on this matter earlier. I ask the Deputy to resume his seat, please.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Does the Ceann Comhairle agree?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That is not a relevant question for the Chair. I ask the Deputy to resume his seat. I will have to suspend the House if the Deputy does not resume his seat. I do not wish to do so.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy is spreading disorder in the Chamber which I cannot allow.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I am asking the Ceann Comhairle if he is aware of it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Durkan will resume his seat. If he does not, I will be forced to suspend the sitting.

Sitting suspended at 11.10 a.m. and resumed at 11.20 a.m.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We will resume on the Order of Business. I call Deputy Jimmy Deenihan.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I do not wish to be disorderly but will the Ceann Comhairle clarify finally for the House-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is inappropriate for the Deputy to ask such questions and I am informing him now that I am not going to allow it. The Deputy is completely out of order.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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If the Ceann Comhairle wishes to stifle the debate, I remind him there are provisions approved by a referendum of the people-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There are no provisions to have a debate on this matter on the Order of Business and I have informed several Members of this.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Approval was given to procedure which is now being ignored.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy to resume his seat?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I will resume my seat.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy resume his seat now?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Is the Ceann Comhairle saying there is no obligation to answer my question?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy should resume his seat. He is completely out of order and I call on him to resume his seat.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I am not out of order. The Ceann Comhairle is bringing the House into disrepute and ignoring the House and I intend to leave in protest.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes. We will move on with the Order of Business. I call Deputy Jimmy Deenihan.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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The point Deputy Durkan was making is relevant. A request was made for a debate in the House in respect of the document that has come from the Commission. It is reasonable for the Chief Whip to indicate that the Whips will meet and seek agreement. As I understand it, as Tuesday and Wednesday are devoted to the bilateral legislation in respect of the Greek bailout there would then be-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I advise the Deputy that the Tánaiste has indicated that the Whips will meet and discuss the matter in the context of discussing next week's business. It is not a point of order. The Deputy should resume his seat.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will try to be helpful.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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The relevant point is that in the context of the Lisbon treaty there is an onus on us to ensure that matters emanating from the Commission are debated in the Chamber.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not disputing the merits of the point made but I advise the Deputy that the Tánaiste indicated to the House earlier that the Whips would meet to discuss next week's business and all these points would be considered in that context. That is my interpretation of what she said.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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She did not say that.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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The Tánaiste did not say anything about today. She did not say that.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy should resume his seat, please.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Will the Ceann Comhairle call on the Tánaiste to say that?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I call Deputy Kenny.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will be helpful.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Can such an accommodation be arranged by the Whips today?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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May we have the floor for Deputy Enda Kenny, please?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will be helpful to the Ceann Comhairle. The Whips meeting is a normal and formal meeting and the Government determines the business despite requests from Fine Gael, the Labour Party, Deputy Ó Caoláin or any other party. Deputy Burton referred to the fact that the Commission is publishing a document. Her question was whether that document would be laid before the House for discussion. The answer to that should be "Yes". That is not a matter for discussion among the Whips. It is a matter about which the deputy Head of Government should be able to say "Yes, of course this will come before the House to be discussed".

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Absolutely.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am sure that matter can be discussed at the Whips meeting.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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No. That is the whole point.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is not for discussion at the Whips meeting.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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That is not relevant to the Whips.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is not relevant for the Whips.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I call Deputy Ó Caoláin.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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That is not relevant to the Whips meeting.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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They would be suspended for that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is a formal Commission document. The only request Deputy Burton made was whether it would be laid before the House, yes or no?

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Since I have been called to speak, my remarks are in the same vein and I make exactly the same point. It is important to factor in that the Whips met yesterday evening and determined the process of what is to be addressed during the coming days and into next week. There is no scheduled meeting of the Whips until next Wednesday night. Is that not the case?

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Yes.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is critically important in terms of scheduling this particular debate that the Whips meet now to make the arrangements for time. I agree with Deputy Kenny that the Tánaiste has a responsibility to confirm that the debate Opposition voices have sought will be accommodated by Government.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The Tánaiste does not know.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have a detailed discussion on the matter at this stage.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is the way it should be. The Tánaiste should indicate "Yes" and the Chief Whip should indicate a willingness to meet the Opposition Whips today to include this vital discussion in next week's Order of Business.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Government has been trying to facilitate as much discussion as humanly possible.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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That is not the case here.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste is in possession.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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This Order of Business is turning into a farce and many of us are far too busy to allow that to happen.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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That is because the Tánaiste is not answering the question.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Whose fault is that?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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In normal circumstances, I try to facilitate in the discussions after the Order of Business if it is appropriate, conceivable or available to the House to facilitate debate for next week, even though the decisions for next week have more or less been finalised by the Whips. If I am pursued further, I will answer in the negative. I will allow the Whip to meet the relevant-----

A Deputy:

Will there be a change to the arrangements?

(Interruptions).

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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The Tánaiste will go up in flames next.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I am sorry. I am entitled to make decisions on this side of the House as Deputies across the floor are trying to purport to make decisions on me. The situation is that I will ask the Whips to consider whether this is appropriate and can be facilitated.

Interruptions.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste without interruption, please.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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A considerable amount of legislation will be taken next week by the Minister for Finance.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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The Tánaiste should note there are seven days in a week.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is on this basis that the Government Chief Whip and I will consult and we will then discuss the matter with the Whips opposite, if it can be accommodated.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That is fine. We are moving on.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Otherwise, I will not facilitate it.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Is that today?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We have the point clarified. We are moving on. I call Deputy Jimmy Deenihan.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I have other matters to put on the Order of Business.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We will call the Deputy later.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Ceann Comhairle allowed Deputy Kenny to raise four items on the Order of Business.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, for goodness sake.

A Deputy:

It is victimisation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Equality is a hallmark of the House.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Okay. I indicated I would call the Deputy but there is a sequence to these matters.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I simply seek the same facilitation from the good Ceann Comhairle as he has given to others.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Very well, let us hear the query.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I thank the Ceann Comhairle. I mark today as the day in which the Government took a further stake in Allied Irish Banks. It is somewhat like the way Sunningdale was for slow learners. Some one and a half years after the bank guarantee, finally the Government is getting around to taking in effect a majority stake in Allied Irish Banks. In that context and given its enhanced stakeholding in the bank, will the Tánaiste indicate the arrangements the Government is making to ensure credit flows to ordinary businesses?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy must find another way to raise this. It is a question more appropriate to the line Minister.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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At the moment, not one bob is coming out of any of the banks to businesses up and down the country. The Government is now the largest shareholder in Allied Irish Banks.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We had the Central Bank Bill here for a significant period and that question could have been asked in that context.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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In effect, it is the dominant, majority shareholder in Allied Irish Banks.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, please.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Tánaiste referred already to the AGM of Irish Nationwide yesterday. The Taoiseach and the Minister for Finance in particular have indicated at various times that the former chief executive and chairman would return a small amount, €1 million, of his bonus to the building society such that it might go to reduce the debts.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This question is more appropriate to the line Minister not the Order of Business.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Tánaiste read from a document about the AGM of Irish Nationwide yesterday.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This is not promised business.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I call on her to read through the rest of the document. Are taxpayers likely-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Order of Business is about promised business in the House and short commentary and remarks about relevant issue of the day but it is not about this matter. The Deputy must find another way to raise it.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Are taxpayers likely-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I ask the Deputy for her co-operation or I will have to suspend the House yet again, which I have no wish to do. I call again for the Deputy's co-operation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Will the Tánaiste indicate if there is any sign of the €1 million due from Mr. Fingleton?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We are on the Order of Business. I ask for the Deputy's co-operation, please.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Is there any sign of the €1 million? Will the Tánaiste read through the rest of the notes? Is it in the post?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I ask for the Deputy's co-operation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Is the cheque in the post?

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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In view of the disturbances that took place before the Kildare Street gate on Tuesday evening, which to date have not been mentioned in the House, will the Tánaiste indicate if the Government will now review security arrangements for the House? The number of ushers attending to the House has already been reduced by seven and will be reduced by ten by the end of the year. Army numbers in attendance have also been depleted, although the Minister for Justice, Equality and Law Reform gave an indication today that he will review that.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I must interrupt the Deputy.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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May I finish?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This matter is being reviewed by the management in consultation with the Garda. The latter has been asked to furnish a report, and whatever action is necessary on foot of that will be taken.

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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I thank the Chair. I saw the action taken by the Garda and by the ushers who were courageous in fairly trying circumstances. We should at least recognise that.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I accept that.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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They are good defenders, like the Ceann Comhairle.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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I hope the Tánaiste will be positive in her response to the matter I am raising. A very serious issues arose at a meeting of Kerry County Council last Friday.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This is not an extension of Kerry County Council; it is Dáil Éireann.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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It could be.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Absolutely not.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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Kerry County Council got many of us in here.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy may raise such issues via a parliamentary question or as an Adjournment matter.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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I tried to raise this matter twice on the Adjournment but was denied by the Ceann Comhairle.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I advise the Deputy to persist in seeking to raise the matter on the Adjournment. I assure him it will be considered.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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We all have our limits. Lands are currently being dezoned. Last Friday, the local authority members-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This is entirely inappropriate for the Order of Business. The Deputy must find another way to raise the matter.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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I cannot raise it between now and next Monday given that the Chair did not allow me to raise it on the Adjournment.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There are many ways to raise the issue.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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The Ceann Comhairle did not allow me to raise it on two occasions this week. I am doing my best.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I ask the Deputy to stop causing disorder in the House and to resume his seat.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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I wish to hear the Tánaiste's response. It is a very serious matter.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy resume his seat?

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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Will the Chair let Deputy Sheahan raise this matter on Tuesday night?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I cannot allow the Deputy to raise this matter on the Order of Business. I have asked him to resume his seat.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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It is a serious matter. Local authority members are in danger of being sued by the people whose land they are-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is inappropriate to raise this matter on the Order of Business. The Deputy should submit it for consideration on the Adjournment or submit a parliamentary question.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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Will the line Minister intervene? The councillors are doing this under duress because they are afraid of what will happen.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Sheahan must resume his seat.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Recent statistics indicate that the incidence of skin cancer is increasing in the State. When will the urgently needed public health (sunbeds) Bill be published? It was promised last year by the Minister for Health and Children but there is no indication as to when it will come before the House.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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The Bill is especially for redheads.

A Deputy:

I am trying to refrain from a retort for which I would be sure to be crucified in the newspapers. There are many young people in the Gallery today, and this is a particularly serious issue for them. As the Deputy observed, there has been an increase in the incidence of melanoma. I raised this matter personally with the line Minister and have asked her to expedite the legislation, as it is the wish of the House that this be done.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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What did she say?

A Deputy:

She said it will be published as soon as possible, once all the necessary consultations have taken place.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Well done to the Tánaiste for exerting her authority over the Minister for Health and Children.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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A new report by the Environmental Protection Agency and the Geological Survey of Ireland identifies Tynagh Mines in Loughrea, County Galway, as the most hazardous abandoned mine site in the country. It has been classified by the European Commission as-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That is not relevant to the Order of Business.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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It is a very serious matter.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes, but there are other ways to raise it.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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It is in the Ceann Comhairle's hands.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Burke is very experienced and knows what is permitted.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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I submitted this matter at the beginning of the week for discussion on the Adjournment, but it has not been accepted. That is why I am taking this opportunity to raise it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I ask the Deputy to leave it in that domain for the time being.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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I will. Perhaps the Ceann Comhairle will offer me some satisfaction on that matter this afternoon. It is important that this is dealt with in the interests of the health of the population of east Galway.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Does the Deputy have a question relevant to the Order of Business?

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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Last autumn I raised the matter of responsibilities between the Department of the Environment, Heritage and Local Government and the Department of Agriculture, Fisheries and Food on the issuing of aquaculture licences. Subsequent legislation apportioned that responsibility to the latter Department. However, there are 300 licences, either applications or renewals, pending for up to four years. One applicant in Kinvara, County Galway, has been waiting for five years. The Department of Agriculture, Fisheries and Food is not dealing with these applications.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy will have to pursue this matter by other means.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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It is causing great concern to many people who are dependent for their livelihood on that activity. I am asking for clarification as to who will take responsibility for issuing licences.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy must pursue this matter in another way. It is not relevant to the Order of Business.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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In respect of the two items of legislation I wish to raise, it is a shame the Minister for Transport is not in the House. Regarding the merchant shipping (registration of ships) Bill, there is a ridiculous situation in Dundalk where a wholly Irish-owned ship with humanitarian aid for Gaza is being prevented from leaving the port-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This is not appropriate for the Order of Business.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I referred to the legislation. This ship is being prevented from leaving because it has a tricolour painted on its side. That would be covered under the Merchant Shipping Act 1995.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste will respond to the question on legislation when the Deputy resumes his seat.

A Deputy:

That legislation will be published this year.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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My other question relates to the Taxi Regulation Act. Are there proposals to take account of the problems currently facing the industry and the need for changes in the function and remit of the regulator?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is there promised legislation in this area?

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Legislation must take account of the need for a change in terms of VRT exemption for new taxis. There has been a change in regard to the nine-year rule but wheelchair accessible taxis can be ten years old, which means disabled passengers will be put at risk.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy's point is well made.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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We must ensure that whatever legislation is introduced addresses all these issues. I see the Minister for Justice, Equality and Law Reform is in the House. Is there a proposal-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy has inquired about the legislation covering these issues.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Are there proposals to amend existing legislation dealing with Garda vetting to ensure vetting for taxis is similar to that carried out by the Private Security Authority, which is far more succinct?

A Deputy:

Is there promised legislation in this area?

A Deputy:

The merchant shipping (registration of ships) Bill and the merchant shipping consolidation Bill will be published this year but there is no date as yet. I am not aware of any proposals for legislation on taxi regulations. The legislation on Garda vetting has been passed.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Before the Dáil today are two orders and one regulation pertaining to the Misuse of Drugs Act relating dealing with the changes in the law on products sold in head shops. As Deputy McGrath pointed out, the owners of these outlets are already finding ways of selling products by use of mobile telephones. When will the Minister for Justice, Equality and Law Reform introduce the relevant legislation? Does the Government envisage that additional legislation will be required to address the issue? We must ensure the Garda has the appropriate resources to tackle this. It is important that the Government responds constantly to changes as they arise in order to protect vulnerable young people in particular.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I accept this is difficult legislation and that it will never be perfect. Will the Minister for Health and Children insist that all products sold in head shops are approved by the Irish Medicines Board and the Food Safety Authority of Ireland? These people will go back to their private, illegal laboratories and create substances not covered by the ban, in which case new legislation will be required. A provision that anything they sell must be passed by the Irish Medicines Board and the Food Safety Authority of Ireland-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Those points can be made when the legislation is brought forward.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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But it is important that the opportunity is taken. We want to close these people out of business.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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That is the point.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is Deputy Flanagan dealing with the same matter? No. I am calling him next in any event.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Can we have an answer to the question?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am sorry - I call the Tánaiste.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Minister is working on the legislation and hopes to bring it before the House as a matter of urgency and as quickly as possible. Once these substances are banned, they are not only banned in head shops. They are banned on Internet sites - they are banned full stop. They are illegal substances.

Deputy Lynch is right - it is a difficult piece of legislation. We hope it will encompass the fact that once we close one avenue, someone will try to find another. The Minister is working on the legislation to take an overarching perspective on how we can deal with those issues. The Garda is working on that basis. We hope to bring the legislation before the House as soon as possible.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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On a point of clarification, the Tánaiste said the substances are banned on the Internet. What did she mean?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have a mini-Question Time on the Order of Business.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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It is just a point of clarification. Do I have the opportunity to raise issues on other legislation now or will the Ceann Comhairle come back to me?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I will come back to the Deputy.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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It is now 11.45 a.m. During the past hour and a quarter even the Ceann Comhairle as chairman of the proceedings has exhibited a certain frustration with the procedures and the practices. This is totally unacceptable. The reason is the total failure on the part of Ministers to exercise any form of accountability.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I accept the point. We need to examine the arrangements for the Order of Business.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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When Deputy Sheahan made a statement-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The co-operation of Members in the House would be most welcome on the matter.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Deputy Sheahan got a response from the other side of the House-----

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Deputy is picking the worst example.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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-----that this was an extension of Kerry County Council. It is not. It is rather like Ballymagash Urban District Council on the television 30 years ago. It is a disgrace.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Please, Deputy-----

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I am in here every day, and I am co-operative. Last Tuesday I raised an issue with the Minister for Health and Children regarding her failure to exercise any form of accountability to this House or to these proceedings.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We have a parliamentary Question Time.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The Taioseach made a statement. Since then-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy can table questions to any line Minister.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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-----I have got another sheaf of replies yesterday from the Minister, who invited me to raise those issues with her. As an elected Member of the Dáil-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy can raise the matter at Question Time.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The Minister will not accept questions. The Ceann Comhairle knows that.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There are other ways of raising the matter, such as the Adjournment debate.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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There is a total failure on the part of Ministers to recognise this House as an assembly of the people.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, please.

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

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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In light of the discussion we had yesterday in the Committee for Social and Family Affairs regarding the need for changes to back-to-work schemes, when will the Social Welfare Bill be brought before the House so those changes can be made?

There is a bill before the House regarding the provision of a licence to the conference centre on the quays. I am amazed that that has been arranged so quickly, while the sale of alcohol Bill has been awaited for years.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is legislation promised in this general area?

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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Finally, we were told only last week through the media that for the first nine months of last year, 3,300 people were sent to jail for not paying fines. When will the Fines Bill be finalised or brought before the House so people can pay their fines in that way rather than be incarcerated in prison?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Social Welfare Bill will be brought forward in the current session. The sale of alcohol Bill is a consolidation piece of legislation and is more complex than the legislation we hope to bring to the House this afternoon. On the Fines Bill, the amendments from the Seanad will be here next week.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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People suffering from cystic fibrosis have been promised a modern unit in St. Vincent's Hospital, which will include proper rooms.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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A question to the Minister would be a help.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Will the Tánaiste ask the Minister what stage that is at? Can she ask the Minister why a patient suffering from cystic fibrosis - I can provide the name - was left on a trolley from five o'clock last Friday evening-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That should be tabled as a parliamentary question, Deputy.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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-----until Monday evening at five o'clock, with no treatment or physiotherapy? He had to leave the hospital to get enough sleep. It is a serious issue.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We know it is, but there are other ways to raise the issue.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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From five o'clock on Friday-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes, we know.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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The patient did not know. He had to leave the hospital. A man from Kells, aged 33, had to leave the hospital. I am asking the Tánaiste to ask the Minister for Health at what stage-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I tell the Deputy to resume his seat and pursue the matter with the Minister.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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An important item of legislation in section B is the health information Bill. When will it be brought before the House? It is an important and integral part of any national screening or vaccination programme, such as the cervical vaccination, that we have a unique patient identifier. That is part of the Bill, and a lot of things have been held up as a consequence.

The Minister plans to start only a pilot programme on cervical vaccination, involving 21 schools out of more than 500. Would it not be better to wait until September to vaccinate first and second years, so that we get a good outcome?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy should pursue that by way of a parliamentary question.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I want to inform the House that the Dutch, who do many things very well, took that approach, but they had to abandon it and restart the programme.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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My question is addressed to yourself, Sir, as Chairman of the Houses of the Oireachtas Commission. Like everyone else, I received a letter this morning outlining a further request under the Freedom of Information Act seeking "a breakdown for every Senator and TD of their clock-in records since the new regime came into place earlier this year". This is becoming something of a farce. This has been presented as if this House sits for five days a week, every week. Records have been issued showing that X, Y or Z has achieved 60% or 70% attendance. This is grossly unfair and does grave damage to the image of this House.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, it is inappropriate to raise the matter at this time.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Will the Ceann Comhairle listen for one second?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am listening.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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You are the chairman of the commission. The request appears very smart referring to "the clock-in records". Clocking-in in my book means clocking in for work. This House sits three days a week, therefore the records disclosed should be the records of those who attended for the three days; that is clocking in. If someone asks for a clocking-in record, deliberately so, give him or her the clock-in record. The Dáil does not sit on a Monday or a Friday; it is all right for people like me who live eight miles from this House - I can call in here every day.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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If the Deputy wishes to convey his sentiments on the matter directly to the commission secretariat, he is welcome to do so.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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It is grossly unfair to Members of this House who live in Kerry or Donegal and have a constituency office and jobs to do to be expected now to drive up here on a Monday to clock in, drive back and come back down on a Tuesday.

Deputies:

Hear, hear.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Barrett, it is inappropriate to have a full-scale contribution on that matter at this stage.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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This is becoming a farce and I want you, a Cheann Comhairle, as commission chairman to do something about it and issue proper records if these people are smart enough to seek clock-in records. Will he confirm to me that that will be the case?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, we have freedom of information legislation which must be respected and if you wish to refer the matter to the commission, please write to it and set out your sentiments in a letter which will be considered by the commission.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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That has been done.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Not directly to the commission. Deputy Barrett should write to the secretariat.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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No, no. This affects every single Member of this House. I am not trying to be smart. This is giving an improper image of this Parliament, as if people are not attending when Parliament is sitting. We know, as practising politicians - and it does not affect me personally but it is wrong for the image of this House - that people are presenting records in the media which are giving a false impression of what is actually happening.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The issues the Deputy raises will be reviewed by the Minister for Finance but if he wishes to write to the commission, he is welcome to do so.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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As chairman of the commission , can the Ceann Comhairle not protect our rights in some way?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I have noted the sentiments expressed by the Deputy. We must move on.