Dáil debates

Wednesday, 19 May 2010

11:00 am

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

It is proposed to take No. 12, motion re by-election for Waterford; No. 6, Euro Area Loan Facility Bill 2010 - Second and Remaining Stages; and No. 20, Nurses and Midwives Bill 2010 - Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that in the event of No. 12, the motion re by-election for Waterford being moved, the proceedings shall, if not previously concluded, be brought to a conclusion after 20 minutes today and the speeches shall be confined to the main spokespersons for Fine Gael, the Labour Party, Sinn Féin and to a Minister or Minister of State, who shall be called upon in that order, who may share their time, and which shall not exceed five minutes in each case; and the following arrangements shall apply in relation to No. 6 - the proceedings on the resumed Second Stage shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. today and the proceedings on the Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 7 p.m. by one question which shall be put from the Chair and which shall, with regard to amendments, include only those set down or accepted by the Minister for Finance.

Private Members' business, No. 74, motion re final report of the Joint Committee on the Constitutional Amendment on Children (resumed), shall be taken at 7 p.m., or on the conclusion of No. 6, whichever is the later, and brought to a conclusion after 90 minutes.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

There are three proposals to put to the House today. Is the proposal for dealing with No. 12, motion re by-election for Waterford, agreed to? Agreed. Is the proposal for dealing with No. 6, Euro Area Loan Facility Bill 2010, agreed to?

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

It is not agreed. I object to the taking of the Euro Area Loan Facility Bill 2010 throughout the course of this evening and having guillotines applied at the end of Second Stage and the Committee and Remaining Stages. It is clear that the significant body of the Dáil supports the passage of this legislation but there is a sufficient scope for a range of views to be heard that will not be aired within the timeframe provided. It is important that those with a particular view of objection in a principled way are afforded the opportunity to make additional contributions. That will not be the case if this order is agreed and I oppose it on the basis of the guillotines being applied.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
Link to this: Individually | In context

We have considered the time allotted for the Bill and consider it adequate for the requirements. There is general agreement across the floor of the House on the Bill so there is no need for a guillotine. The new Whip has been very successful in getting legislation through the House without the use of a guillotine and I ask him to revert to such practice.

Question, "That the proposal for dealing with No. 6, Euro Area Loan Facility Bill 2010, be agreed to" put and declared carried.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Is the proposal for dealing with Private Members' business agreed to? Agreed.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

I have two questions for the Taoiseach. Yesterday, the Tánaiste while filling in for the Taoiseach said that, in her opinion, the importance of a referendum on children's rights was such that it should be held on its own. As has been pointed out, the all-party committee did its work well and a wording was agreed. Some €3 million has been allocated to the Minister of State with responsibility for children for the purposes of holding a referendum and that process is in train. In light of the Tánaiste's comment yesterday to the effect that this important referendum should be held on its own, is it intended to hold a referendum on children's rights in the calendar year of 2010?

As pointed out by Deputy Shatter, the body of Daniel McAnaspie was discovered in tragic circumstances. The young lad had been in the care of the State. It seems to be a most unfortunate situation. Where there are major accidents, there are authorities that move in automatically to find out what occurred. In the Taoiseach's judgment, should an independent inquiry be conducted into this case by three persons who have no connections to the HSE and who are appointed by the Minister and should their report be published in full? Does he consider this to be an appropriate course of action to find out what occurred in the case of this young man's murder while in the care of the State?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Many of those questions were more appropriate to the line Minister.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

The Tánaiste, the Government and I have outlined on a number of occasions in the House in recent times the position relating to the amendment and where the work of the Government is currently in relation to it. That work continues and we will consider and deal with the matter as soon as the work is completed.

In relation to the question of Mr. McAnaspie, the circumstances were very, very sad. Obviously, this is a matter that will be considered by the Minister in due course as to what the appropriate arrangement should be to ensure that the facts of the matter are understood and lessons are learned from a very tragic case.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

The Tánaiste rejected charges from myself and others that the Government was afraid to hold the referendum on children's rights because the Government would also feel obliged to hold three by-elections on the same date. She stated that the referendum was much too important and should be held on its own. In light of the Tánaiste's statement, if the Minister of State concludes his work and produces the wording for the appropriate Bill, will the referendum be held on its own this year?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I cannot anticipate the decision of the Government. Obviously, the Tánaiste gave the Deputy the benefit of her views on the matter. The Government will make a decision in due course.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

But the Taoiseach has his own judgment.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Following on from Deputy Kenny's question, the Minister of State told the House last night where he is in terms of his preparation for the referendum. From his comments, I understood there to be no significant issue in respect of the wording to be used in the referendum. He seemed to accept that the wording agreed by the all-party committee was substantially the wording that should appear in the referendum. If this is the case, there does not appear to be any impediment to the holding of the referendum this year.

On European issues, for example, the Government has tabled amendments quite soon after the conclusion of complex negotiations at European level. Several times, the Government has brought forward referenda that none of us was expecting and ran them with elections held at different times. This is a referendum on which we are all agreed. A motion before the House will be voted on tonight. We could agree the motion if the Taoiseach assured the House that the referendum will be held some time in 2010. I invite him again to give this assurance.

After this week, six sitting weeks are left before the Government closes the House down for the summer. Will the Bill to provide for a directly elected mayor of Dublin be before the House in those six weeks?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

Deputies are asking me to anticipate work that is ongoing and to give a timeline for it. In relation to how the Deputy has portrayed what the Minister of State for children had to say, the Minister of State made the point - it is not a criticism, but a statement of fact - that the committee took two years and three months to reach its final conclusions. The Government is not asking or suggesting that such time is required to come to a conclusion. However, it is important to complete our work in a thorough fashion. The Government does not want to recommend amending the Constitution by way of a Bill that is flawed or may have unintended consequences. He then went on to state, "Having urged caution, I am not suggesting that this be put on the long finger". This is the position. There is work ongoing in relation to that matter. The Minister of State is conducting that work and the Attorney General obviously will be involved as well. We will have to consider it with the working Ministers concerned and then have it considered by Cabinet.

I will not anticipate the outcome of those discussions, but I have said at all times that I commend the committee on the work it has done. It obviously gave detailed consideration to these matters and took that time in which to do so. I am not suggesting a similar time should be available to the Government because, obviously, the work has been substantive, but there is work for the Government to do in terms of taking responsibility for a Bill to come to the House that proposes an amendment to the Constitution that does not have unintended consequences. That is an issue upon which the Government awaits full advice, etc. from legal and other officers.

In relation to the other matter, the other Bill is in preparation and will be brought to the House in due course.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

For reasons of clarity, the Taoiseach drew attention to the comments last night of the Minister of State, Deputy Barry Andrews, to the effect the committee sat for two years and three months.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy Gilmore knows we will revisit this matter during Private Members' business.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

I am confining myself to-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

A full-scale debate on the Order of Business is inappropriate, as the Deputy well knows.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

I am not debating it. I am asking a question about promised legislation, which I am entitled to do. It is true that the committee took two years and three months, but the Government was a party to the committee. The Taoiseach makes it sound as if the Government was somehow separate. The heavy lifting was agreeing the wording, and that is done. Last night, the Minister of State acknowledged that there was no great difficulty with the wording. What is the delay?

On the mayoral issue, we were promised the election would occur in 2010. This was the commitment given by the Minister for the Environment, Heritage and Local Government, Deputy Gormley. If the election is to occur in 2010, the legislation will need to be dealt with. Do I understand correctly from the Taoiseach that it is unlikely the legislation will be in the House before the summer recess?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

No, I am not suggesting that at all one way or the other. I have simply stated that the legislation is in preparation and is being worked on in that Department. It will be duly prepared, brought to the Government for consideration and dealt with in the normal way. I am not in a position to give the Deputy specific dates on that issue. I can only say the programme for Government refers to 2010.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

I wish to raise two items, the first of which will be quick. Regarding the children's referendum committee's recommendations, which were published last February, how soon after their publications were the recommendations presented to each Department and the Office of the Attorney General? Yesterday evening, the Minister of State with responsibility for children indicated that this was part of the timeframe.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy is anticipating the ongoing Private Members' debate.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

No, it is in the context of a legislative proposal and promised legislation, a referendum Bill, to facilitate an opportunity for the people to pass judgment on the merits or otherwise of the all-party committee's recommendations, which I underscore were unanimous. Yesterday evening, the Minister of State indicated that the time delay was because each Department needs to respond on its particular assessment of what is involved vis-À-vis its respective portfolio. Is the Taoiseach in a position to advise how soon after receipt of the final report the details of the all-party committee's deliberations were provided to each Department and to the Office of the Attorney General? How long does the Taoiseach regard as a reasonable timeframe for them to give the recommendations their respective considerations?

Significant concern has been caused by the comments of Deputy Ó Cuív, the Minister for Social and Family Affairs, as the Department was known, about the old age pension.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

That is not promised business.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

I would like to know because huge concern has been caused for pensioners the length and breadth of the State, as was exemplified in comments by the Taoiseach's own party colleagues in the Seanad yesterday.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

I suggest that the Deputy should submit a parliamentary question to the appropriate Minister. This question is not in order.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Of course it is in order.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

It might be at Question Time, but not on the Order of Business.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Earlier today, the Minister indicated he had no idea where the question had arisen concerning a cut in the minimum wage. We have no doubt in our minds as to from where the idea emanated regarding a cut in the old age pension.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy will have to utilise parliamentary question time more effectively to get answers to these matters.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

It was a kite-flying exercise on the part of the Minister in tandem with the Taoiseach and the rest of the Cabinet. What exactly is it all about? Pensioners are seriously concerned. Has any consideration been given to such a measure?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

It would be appreciated if the Deputy would submit a parliamentary question to the line Minister. We must move on. We are abusing the Order of Business. It is now 11.55 a.m. and we are still on it.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

The Ceann Comhairle always seems to talk me down.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

I do not wish to do so, but I want to point out the error of the Deputy's ways.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

I want to know if any consideration has been given, or is it being given, to facilitate such an outrageous proposition or, indeed, a supplementary budget?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy is completely our of order.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

It is a valid question by any standards-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Not on the Order of Business.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

-----irrespective of what the Ceann Comhairle may feel.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy should table a question for the line Minister.

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

Some social protection.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

As regards the first matter raised by the Deputy, the Minister of State for children set out in his speech precisely when this matter was first discussed. The normal processes apply. When a report is published, it is sent out to Departments for their consideration, to examine the implications of the proposed wording for their individual areas of responsibility. They are also asked to consider what legislation would need to be put in place in advance of any referendum, and the matter is therefore referred to the Cabinet sub-committee on social inclusion to carry out that work and report back to the Government. That is the normal procedure. The Minister of State mentioned March in his speech, so that is the answer to the Deputy's question.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Is there a normal timeframe involved?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I have just referred the Deputy to the speech. That is the information as it stands.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

It could go on forever.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

As regards the other matter the Deputy mentioned, it is an absurd proposition to suggest that the Government is making decisions on these budget questions in the month of April. What caused it was an attempt to misinterpret what the Minister had to say. He was asked what his position was on these matters. He said he was simply starting an Estimates process, as any Minister would do at this time. There have been no discussions and no decisions whatever.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

The Taoiseach had a budget last April.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

We are not having another budget this April. The cause of it is the political opportunism and scare-mongering in which the Deputy and his likes engage.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

No. It was the Taoiseach's own Minister who raised it yesterday.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

We are moving on. I call Deputy Crawford.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

He did raise it.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

He did not raise it. Go and chase your own hare. Put him in the slips.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Could we have some order in the Chamber? I call Deputy Crawford.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context

I wish to revert to a question I asked the Taoiseach last week, concerning the attachment of fines Bill. Many people are currently in jail because they have not been able to pay their fines. We have been seeking that Bill for the past nine years. When will it come before the House? The Taoiseach said the fines Bill is being dealt with at the moment, but that is a totally different Bill.

Many people in need are having their medical cards withdrawn because of the requirement to cut costs in the Department of Health and Children. When will the Taoiseach consider taking the legal costs Bill to curtail costs at that level, while ensuring that money is available for those in need?

Will the Taoiseach explain why the solvency period for the VHI has been extended to 2012, whereas 24 hours could not be given to the Quinn group to provide the same solvency?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I understand the fines Bill is imminent and will be ready for discussion shortly.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context

That is the fines Bill, not the attachment of fines Bill.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

It is the attachment of earnings Bill. The legal costs Bill is not due until next year. I will have to come back to the Deputy, if that is not the one to which he referring.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context

What about the solvency issue?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

That is a separate matter altogether.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

It does not concern legislation.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context

It is extremely important.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

I wonder if the Ceann Comhairle can assist me concerning the progress to date on the legislative programme. Under promised legislation, is it intended to introduce a new minister for backlogs? Several pieces of legislation have been proposed for a long time, yet no progress has been made. We are promised daily that legislation is imminent, but we have had no indication from any quarter that anything will change. As regards the delivery of health service, legislation has been promised.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Is the Deputy talking about specific legislation?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

I am. I have a lot of them in mind, but I will not upset the House by going through the whole list. To focus on the large number of people awaiting health services, will the Taoiseach take some initiative to introduce the relevant Bills to the House, which have been promised by the Minister for Health and Children? I am trying to get information for the public concerning their entitlement to health and personal services. That is the proposed legislation.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Is it promised legislation?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

It has been promised, although I can understand the confusion.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

In the past few weeks these questions have been asked concerning a number of legislative proposals. I do not know whether the Ceann Comhairle can refer to Standing Orders because not all Deputies attend the Order of Business every day. Nonetheless, we have questions being asked about the same Bills. Perhaps all Deputies should be notified when Bills are due to be taken. That would avoid a duplication of effort. To answer the Deputy's question, however, I think the eligibility for social services Bill is not due until the end of this year or next year.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

I understand what the Taoiseach is trying to say - that it is an annoyance to have to answer questions repeatedly when Opposition Members raise them. However, the general public are currently awaiting the delivery of health services. When Members table questions in the House, which the Ceann Comhairle has kindly advised me to do, the reply states that it is not possible to answer the question at this particular time due to an industrial dispute. In God's name, how long more can this continue? It also affects the Ceann Comhairle's constituency.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

I know it does, but we are on the Order of Business. Does the Deputy have a query on promised legislation?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Is this the way we order business in this House?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Certain things are allowable on the Order of Business.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

It is a fair point in terms of our procedures and how we operate them in the House. I do not think it makes sense to have different people asking the same questions about the same legislation every week. The situation has not changed from last week regarding the eligibility for social services Bill.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

We want to reform the Dáil, but the Taoiseach will not do it.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I am just making the point that I do not think it is a good procedure. I will abide by the Standing Orders of the House, but I think my point is reasonable.

12:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

The Taoiseach is missing the point entirely. I am trying to use promised legislation as a vehicle to focus on the delivery of health and social services. There are huge backlogs for every procedure offered by the health services, including medical cards, hip operations and others, and they are growing on a daily basis,

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

All these matters would be much more appropriately directed to the line Minister by way of a parliamentary question.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
Link to this: Individually | In context

The Ministers will not answer the questions.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

For God's sake, this is a House of Parliament. Why can the Government not do something-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

I accept that fully and I advise the Deputy to table a parliamentary question to the line Minister to investigate such matters.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

I already have outlined the answer I am getting.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Order of Business is not the appropriate time. While a short reference to an issue is fine, we are abusing the Order of Business by pursuing this matter.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

I am not abusing the Order of Business. I am representing my constituents, which is now very difficult to do. I again appeal to the Ceann Comhairle to do something about this. Why can Members not get answers to parliamentary questions regarding urgently required services that are provided by the Department of Health and Children at present? Why is the Minister unable to come before the House to tell the people the reason the entire system has broken down and nothing is happening?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

The Deputy is out of order.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, we are on the Order of Business. We have this every morning. I have been more than tolerant with the Deputy and my patience is wearing thin.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

It is because there is a need to address these issues and the Taoiseach has entirely missed the point I was trying to make. He spoke of order in the House.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Yes, okay.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

What about order outside the House or delivery of services to the people?

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
Link to this: Individually | In context

I wish to ask the Taoiseach about a matter that has not been raised in the House in the past two weeks. Does the Government plan to introduce legislation to examine the relationship between the Irish Sports Council and the governing bodies? I have two reasons for asking this question. First, in recent months Athletics Ireland has been obliged to pay out close to €1 million on foot of a dispute regarding the making of appointments. Second, within the past month, the Irish Amateur Boxing Association has been in dispute and now has been informed by the Irish Sports Council that its appointments of chief executive officer and high-performance director will not be funded.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, the question to the Minister-----

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
Link to this: Individually | In context

I will explain if the Ceann Comhairle allows me to finish. Although basketball is the fourth largest participation sport in Ireland, Basketball Ireland is on its knees and its staff have been told that their jobs will not extend beyond June.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Hear, hear.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, I think-----

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
Link to this: Individually | In context

I will pre-empt the Ceann Comhairle's question, which will be to ask why did I not raise this matter with the line Minister. Four of the questions I tabled to the Minister for Tourism, Culture and Sport, one of which was a priority question, were disallowed today. The State is paying millions of euro to fund support, and rightly so. The Taoiseach also supports this but there must be accountability and a process in this regard.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, there are other ways of raising such matters.

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
Link to this: Individually | In context

My question is whether legislation is promised to consider this matter and to smooth the matters in this respect?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Is legislation promised?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

While I do not believe legislation has been promised, I note the Deputy's remarks on these matters and will ascertain what is the position.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

The Ceann Comhairle has informed the House that his patience is running thin. Can he imagine the positions for Irish citizens in the south of this country who now are obliged to wait two years for respiratory appointments at Cork University Hospital? That point is merely incidental. As for the Taoiseach who tells Members that he abides by the rules of the House, Deputy Stanton already has pointed out he enjoys a majority in this House and can change the rules if he does not believe the institution is working properly, a sentiment with which all Members would agree.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, the line Minister would be the appropriate person.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

May I inquire about specific legislation about a highly important issue? Although licensing of health facilities Bill has been promised, there is no mention thus far of that legislation covering the issue of ambulances. Private ambulances are operating, although some are not licensed. For example, I am given to understand the ambulance at Dublin Airport has no clinical licence. Moreover, as there also is no medical clinic at Dublin Airport, people who find themselves in difficulties do not even have the benefit of getting a medical opinion before an ambulance is called. In addition, I refer to a serious incident in which a child was transferred from a Limerick hospital to a Dublin hospital-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, please.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

-----in an ambulance of which I understand no proper vetting was conducted.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

While the Deputy is entitled to ask about legislation, he is not entitled to elaborate.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

I can inquire under a second item of legislation that follows the aforementioned licensing of health facilities Bill on the list of promised legislation, namely, the proposed national vetting bureau Bill. Although private ambulances are operating, it is not known whether those who are operating them are being vetted.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

If the Deputy will allow me, I will inquire for him to ascertain when he might expect-----

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

Clearly, the question to the Taoiseach is when will this legislation be introduced? Will HIQA be involved in the licensing and inspection of the ambulance service, which can be the difference between life and death to a patient before he or she reaches hospital? This is the key point.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Taoiseach, on promised legislation.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I understand the national vetting bureau Bill is due to be published this year. However, no date is available for the first Bill.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

I wish to raise two issues. The first concerns a matter I have raised with the Taoiseach a number of times because it is very important for many young people who bought apartments and who now are paying management fees that are 1% to 2% of the capital value-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, is promised legislation in this regard?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

Yes, absolutely. The aforementioned management fees are 1% to 2% of the capital value of the apartment in question. In my constituency, on an apartment that is worth €200,000 at present, the management fee varies-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy is engaged in repetition as I have heard this previously.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

-----from €1,400 to €2,400. When the Taoiseach responds in respect of-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

I understand this Bill is before the Seanad. Deputy, please.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

Sorry, while the Taoiseach has responded on this issue previously, people's water and lights have been or are being cut off and a complete mess obtains.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Hear, hear.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

When is this legislation-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Elaboration is not contemplated.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

When is this legislation coming before the Dáil in order that these people, who are in negative equity, are in terrible difficulties with their mortgages and who also have a bill of €1,400 to €2,400-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, this legislation is before the Seanad and this matter was raised on the Order of Business yesterday.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

This situation is one of the absolute scandals of the left-over disasters of the Celtic tiger.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy may make all these points when the Bill comes back to this House from the Seanad.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

When?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

No, I seek a date.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy will have ample opportunity to make such points.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

While the Taoiseach may not have many management companies operating in his constituency, for Deputies such as myself-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, this material is suitable for the debate when the Bill comes before this House.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

I have tens of thousands of constituents who live in managed apartments and houses.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, please. I cannot allow you-----

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

In some cases, people now are unable to sell their houses or apartments because the title is damaged by the absence of such legislation. Moreover, services such as lifts and so on are stopping.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

These are subjects for the debate when the Bill returns to this House.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

My first question is when will this legislation come before the Dáil? Can hope be given to the tens of thousands of purchasers who have been caught in the management company trap that the Government will legislate?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy Burton, we will make inquiries to ascertain when we anticipate the Bill will come before this House, even allowing for the fact that it is before the Seanad, which is a different House.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

Very well. Second, will the Taoiseach commit to providing the Dáil with an update regarding the proposals in the McCarthy report to amalgamate, reorganise and, in some cases, suppress various Government boards and quangos? I have to hand a response from the Minister for Community, Rural and Gaeltacht Affairs in respect of-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, this is not promised legislation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

Actually, both the letter and the formal answer to me refer to promised legislation in the coming months to dissolve the Dormant Accounts Board. This is one of many such legislative items. I also refer to the National Consumer Agency and the Competition Authority.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

We will make inquiries for the Deputy and ascertain what is the position with the promised legislation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

What is the position in this regard? Will the Taoiseach provide the Dáil with an update on the proposals made by the committee chaired by Mr. Colm McCarthy, an bord snip nua, in respect of dissolving, amalgamating and so on the hundreds of quangos that can longer be afforded?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Is legislation promised in this area?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

Can the Taoiseach comment on the Dormant Accounts Board?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Deputy, we are inquiring about the promised legislation.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

When will that legislation be published?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Taoiseach, on promised legislation.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

That legislation is due this year and the other Bill is before the Seanad. I would like this Bill to come before this House as quickly as possible.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

What about the management companies?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

As I stated, that Bill is before the Seanad at present but I would like to have it back as soon as possible.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

On a point of order, Deputy Burton was inquiring about two items of legislation, both of which have been promised. She is perfectly entitled to do so.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

While I accept that fully Deputy, there is no provision-----

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

I lost count at No. 10 of the number of times the Ceann Comhairle interrupted her-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

-----on the Order of Business for a Second Stage contribution on the query.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

-----as she asked those questions. Can the Ceann Comhairle indicate how she was out of order? She asked two questions that were perfectly in order.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

It is because she went on for too long. The Deputy need only ask when the legislation is due to come before the House.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

Strictly speaking, I should not allow Seanad business to be raised.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

But she was in order.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

I do not dispute that. I am not denying Deputy Burton the entitlement to ask the question. However, my point is that elaboration on the query is not contemplated by the Order of Business. It is as simple as that. I call Deputy Broughan.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

I have two brief questions for the Taoiseach. First, I refer to the volcanic ash crisis about which changed guidelines have been issued. I understand the Minister for Transport is available to provide the House with an updated report and perhaps this could take place within the next few days. Second, when can Members expect the local government services Bill?

As the Taoiseach is aware, I also have a problem with management companies. However, I have an even worse problem in that perhaps 1,000 new homes that were built while the Taoiseach was Minister for Finance are badly damaged and may cost €50 million or more to repair. The suppliers of a defective material are fighting the case in the commercial court. The Minister for the Environment, Heritage and Local Government refuses to talk about this issue. Up to 50,000 homes might have been damaged, including in the Ceann Comhairle's constituency, in Meath and in Fingal. The Minister has washed his hands of a desperate problem for thousands of young householders, an appalling situation. This is the greatest scandal after the banking scandal. Could the Taoiseach get the Minister for the Environment, Heritage and Local Government to come to the House to talk to us about this?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

On the problems in aviation as a result of continuing volcanic activity in Iceland, it is up to the Whips to decide how to deal with that. It can be discussed at committee or could be taken here at some stage during Thursday.

On the second point, these are people we cannot but sympathise with but a product liability case is ongoing at the commercial court and until the legal liability is addressed, it is difficult to see what can be done or where liability lies.

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
Link to this: Individually | In context

The Health and Social Care Professionals Act 2005 designated 12 occupations for regulation by the State, including dieticians, occupational therapists, psychologists, radiographers, social workers and speech and language therapists. Five years later, none of them is being regulated. The Taoiseach might not be able to reply to me now but perhaps he would let me know the situation in terms of designating the 12 occupations.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I will look into that for the Deputy.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
Link to this: Individually | In context

Some parents have moved their adoption applications from Vietnam to Russia. Under the Adoption Bill 2009, is it possible for these parents to transfer their Garda vetting applications from Vietnam to Russia? I know the Taoiseach will not be privy to the exact information but perhaps he will note the importance of this issue and get back to me on it. Time is not on the side of these parents.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

The Deputy should submit a question.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
Link to this: Individually | In context

Unfortunately, the alternative means the Ceann Comhairle has offered, and we appreciate his guidance, are simply not working. I am not accusing the Ceann Comhairle of being sexist when he intervenes but I hope he is not being ageist. We have a serious problem; there is an information deficit. This is a sensitive issue and time is against many parents.

I appreciate the latitude displayed by the Ceann Comhairle; it is the first time I have been able to ask a question fully. I might continue to speak for the sake of it because the Ceann Comhairle has given me so much time.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
Link to this: Individually | In context

I ask the Deputy not to do that.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

At the risk of encouraging the Deputy, I will look into the matter.