Dáil debates

Thursday, 20 May 2010

10:30 am

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. a13, motion re report of the Committee on Procedure and Privileges on parliamentary standards; No. 1, Inland Fisheries Bill 2009 - amendments from the Seanad; No. 2, Fines Bill 2009 - amendments from the Seanad; No. 20, Nurses and Midwives Bill 2010 - Second Stage (resumed); and No. 21, statements on diversification of primary school provision, to be taken not later than 1 p.m, and the order shall not resume thereafter. It is proposed, notwithstanding anything in Standing Orders, that No. a13 shall be decided without debate; and the proceedings on No. 21 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. today and the statements of a Minister or Minister of State and of the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, shall not exceed 15 minutes in each case, the statements of each other member called upon shall not exceed ten minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed ten minutes.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There are two proposals to put to the House. Is the proposal for dealing with No. a13, motion re report of the Committee on Procedure and Privileges on parliamentary standards agreed to?

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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This is a very serious and important matter which should be taken on board by every Member. Does this mean we will see changes in Standing Orders?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes, there will be a change in Standing Orders.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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When will the proposals come before the House?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The starting point is the adoption of the report. A new Standing Order will be prepared. I hope the report will be adopted this morning and we will then move on to the preparation of the new Standing Order.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Which comes first?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I hope it will help in getting some order in the House.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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I was unavoidably absent from the meeting of the committee where this earth-shattering report was presented and adopted. I do not think it will have any effect whatever on the business of this House or the way we conduct that business. It is a report of nothing. The committee which prepared it sat for long hours and created a large file in the process. There is nothing in this report worth talking about except an attempt to stifle debate in the House.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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That is nothing new.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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I am unsure of its value. I accept that the Committee on Procedure and Privileges, CPP, is recommending it, but I would like a debate in the House when the Standing Orders arising from it are being made.

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

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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On a point of clarification to Deputy Stanton, if agreed today, the new Standing Order will come into effect almost immediately. I expect we will be in a position to implement it as and from Tuesday.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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We have not seen it yet.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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That sounds extraordinary.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Will the House be in a position to debate the Standing Order before it is adopted?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That will be a matter for discussion for the Whips.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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I strongly support the Deputies' call. Before the Standing Orders arising from this report are adopted, they should be presented to the House and debated. They are worth debating.

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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We cannot adopt something now.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This must be discussed and decided by the Whips. It is not a matter for me.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Is the Ceann Comhairle telling the House that adoption of this report will mean the automatic implementation of a Standing Order we have not yet seen? Is it not true that Members should see and debate the Standing Order before adopting it?

Deputies:

Hear, hear.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The issue of having a debate on it must be discussed and agreed by the Whips.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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On a point of order, I must say as someone who has been a Member of the House for a long time that what is being suggested is singularly unhelpful. It is the wish of every serving Deputy to try to improve the credibility of the parliamentary process. Many of us have attended and made written and oral submissions to the Sub-Committee on Dáil Reform. The idea that we would assent without a full and proper debate to the suggestion that changing Standing Orders is a matter for the Whips to agree is unsatisfactory, as it affects every Member. If no one else will call a vote on it, I will. We should not pass this motion. We should defer it.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Hear, hear.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Defer it.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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We have had enough people making decisions concerning us that we know nothing about, but the media blames us for them.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I assure the Deputy-----

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I fully support the reservations expressed by a number of colleagues on this side of the House. This is a matter I have brought to the Ceann Comhairle's attention many times. We need to revert to the situation that used to prevail in the House. Ministers used to answer questions, reply to Adjournment matters and appear in the House without taking the long absences that some current Ministers regularly do. I will strongly object to any attempt to impose Standing Orders without adequate discussion in the House.

Deputies:

Hear, hear.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The proposition before us states it relates to parliamentary standards. One would have hoped for strengthening, improvement and enforcement of those standards. I am only picking the discussion up in the exchange, but if what is being suggested has a direct impact on the conduct of business in the House, we cannot let it through on a nod. If anything underscores the need for a full debate, surely it is the confusion that seems to reign in the Ceann Comhairle's contributions in response to Deputies this morning. The full detail of the motion needs to be discussed in the Chamber and every Member must know what is being proposed.

Deputies:

Hear, hear.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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We do not need to feed negative cynicism.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is important to remember that, if the motion is agreed, it will be circulated to individual Members.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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No.

(Interruptions).

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The issue of a debate can be raised among the Whips when they meet. They can decide on what they wish to do then.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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I object.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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In an attempt to be helpful,-----

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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On a point of order, I am a great fan of Franz Kafka who wrote an extraordinary book entitled, The Trial. In it, an individual was placed on trial, but no one would tell him what the charges were or what he needed to do in his defence. The House is seemingly being asked to adopt a Standing Order that no one has seen and to impose it on ourselves early next week. This is not the way any parliament should operate.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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It cannot be done.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Based on Members' comments, either this proposal should be withdrawn in its current form or-----

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Defer it.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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-----we should accept that it cannot enter into operation without the draft proposal being tabled in the House for approval.

Deputies:

Hear, hear.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Alternatively, perhaps we should propose motions that no one has actually set out, keep the subject matters a mystery, vote on them and make a guess at what we are discussing.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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In an attempt to be helpful, will the Tánaiste defer-----

(Interruptions).

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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As I brought the order to the House for the day, it would be most appropriate to withdraw No. a13 for further discussion. We will revert to the House.

Deputies:

Hear, hear.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I thank the Tánaiste. We appreciate it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is being withdrawn from the order. We will move on.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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I would like to say something. As someone-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste has withdrawn the proposal.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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As a member of the sub-committee asked to address this issue on behalf of the CPP, I would like to put people's concerns to rest.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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Deputy Barrett might tell us what it is about.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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The report arose from an incident in the House and the CPP was asked to determine how to deal with such matters in future. A sub-committee was set up, dealt with the issue and reported back to the CPP. There is nothing extraordinary in any of this. It is a question of procedural matters. It is not a matter of secrecy.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Well, it is not the secret of Fatima.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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No one will die as a result of it either.

(Interruptions).

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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I was asked to serve on the sub-committee, which did its work and reported. I hope that every Member will get a copy of the report before it is adopted.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Our position is that any changes in the House should be discussed by all of us.

Deputies:

Hear, hear.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy resume his seat? The Tánaiste has withdrawn the motion from the order.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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It is long overdue.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with No. 21 agreed to? Agreed.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Today marks the first anniversary of the publication of the Ryan commission report into child abuse in which so many tragic incidents were uncovered. The Minister of State, Deputy Barry Andrews, produced a list of 99 recommendations to be implemented in chronological order. Some 12 of those should have been implemented by now, but they have not been. When will the Bill on child care, which has passed through the Seanad, be debated in this House?

In 2008, an all-party committee addressed the matter of soft information in respect of the vetting of personnel who deal with children and recommended unanimously to the Government that a relevant Bill should be introduced by December of that year. We have not seen that Bill, so when is it likely to be produced, have its heads been discussed and will it appear before the House in the near future?

Most importantly, the Government indicated that 270 social workers were to be recruited, but Deputy Shatter has informed me that few if any of them have been appointed. The Taoiseach will announce more than 100 jobs today, but the Government has reneged on its commitment to recruit 270 social workers to work in an area of the greatest sensitivity. When will the Government fulfil its commitment and recruit those 270 social workers to do their essential work?

The Minister for the Environment, Heritage and Local Government, Deputy Gormley, never enters the House unless he is forced to do so by a vote. Yesterday, his spokesman indicated that-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Kenny is straying from the Order of Business.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Thanks. His spokesman stated there was no attempt by the Government to interfere in the traditional method of deer stalking. I understand that there is some stalking going on in respect of the wildlife Bill by the unofficial wing of the Fianna Fáil parliamentary party. When will that Bill come before the House so we can see who is stalking whom?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Even an occasional guest appearance would be useful.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is a matter for the Whips to arrange the legislation awaiting Second Stage. Hopefully, that can be arranged very quickly. Work is currently under way on drafting the heads of the national vetting bureau Bill, which is the legislation concerning soft information. That ongoing work is being expedited by the Minister.

As regards the appointment of additional social workers, the HSE service plan for this year undertakes to recruit an additional 200 social workers for child protection services.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The implementation plan promised 270.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Fifty by the end of the second quarter, a further 75 by the third quarter and the final 75 in the fourth quarter. I understand from the HSE that the first candidates have been interviewed, and that by the end of June it expects to have recruited an additional 50 social workers. As recently as the last week in April, the HSE placed further recruitment advertisements in national newspapers. I am informed that the responses to these have been very positive. The HSE will continue to interview and appoint social workers.

The wildlife Bill will be taken later this year.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Does the Tánaiste have a fix on that? She has not got the Bill in her sights yet.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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We will get the wildlife Bill quicker than the vetting Bill. Clearly the Government is more concerned about animals than children, which is a very strange priority.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Stagg is in possession.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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I join with Deputy Kenny concerning the progress that has been made with the Murphy report on the anniversary of its publication. I am glad to hear that some progress has been made in implementing some of the promises as outlined by the Minister in the implementation plan. It would be appropriate for the Minister to provide the House with a progress report, rather than a short reply to a parliamentary question or a matter on the Order of Business. That would be highly desirable, given the amount of time we gave to this important report when it was published. Will the Tánaiste indicate what is the situation concerning the promised updating of the contribution from the congregations arising from the paltry contribution that was agreed with the former Minister for Education and Science, Deputy Woods? Arising from the Murphy report, a commitment was given that the contribution would be reviewed and updated.

I wish to raise another matter, which I think is in order. On the first day after the Christmas recess, the House debated a Labour Party motion seeking to provide for a-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We are on the Order of Business.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Give me a chance. I do not bother the Ceann Comhairle on the Order of Business too often. The motion sought an Oireachtas inquiry into the banking crisis, including the Government's record in that regard. The motion was voted down by Fianna Fáil and the Greens, who introduced an amendment to that motion. That amendment required a number of things to be done. There were to be two private inquiries. One was to be conducted by the governor of the Central Bank and the other by two independent experts. They were to report on 31 May this year, which is only ten days away now. I would like to ask the Minister if-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This question is more appropriate for the line Minister.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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I am asking for a debate on this matter now, if we have the reports. Have the committees established by this House to inquire into the banks reported to the Minister yet? If not, have they given any indication of when they will report? Can the Tánaiste give us a commitment that when the report is provided, it will be published immediately and debated in this House?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There are two issues. On the progress report, the Minister is more than happy to attend the House, so that can be arranged among the Whips.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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That is good.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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On the second issue, the Government indicated that once the report had been made available, there will be a debate in this House, so there is no change.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Will the reports be published when they are received?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Government has not yet received them, so that will have to be a matter for further consideration.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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As we know, this is the first anniversary of the publication of the Ryan report. Yesterday evening, the Government passed an amendment congratulating its efforts on child protection, but when will we have an opportunity to evaluate the implementation of the recommendations in the Ryan, Murphy and Monageer reports, as well as the recent report published by the Ombudsman for Children?

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

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Each and all of these need to be addressed on the floor of the Dáil. Will the Government accommodate an evaluation of progress on these recommendations in the coming week? Will the Minister for Health and Children or the Minister of State with responsibility for children accommodate such an opportunity here on the floor of the Dáil in the coming week?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is the same answer that I gave to the other Deputy. If we can arrange a debate on the matter, the Minister is more than willing to attend the House. We can arrange that.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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According to the latest World Competitiveness Yearbook, Ireland's competitiveness rating has fallen from 19th to 21st place among 58 countries.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It sounds like a very suitable parliamentary question for the line Minister.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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The Government seems unable to tackle the problem of our competitiveness. When can we expect publication of the consumer and competition Bill?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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That work is ongoing with the Minister for Enterprise, Trade and Innovation. The idea is to have it for autumn this year.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I have two questions on legislation. The Energy (Biofuel Obligations and Miscellaneous Provisions) Bill is nearing Report Stage. The Minister, Deputy Eamon Ryan, attempted to tag on a new section concerning the carbon windfall tax, which had nothing to do with bio-fuels. Can the Tánaiste confirm that we on this side of the House have been successful in ensuring that there will now be a new Bill on the carbon levy, separate from the Energy (Biofuel Obligations and Miscellaneous Provisions) Bill?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Yes, that is the intention.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I thank the Tánaiste. My second question concerns the announcement by the Minister, Deputy Eamon Ryan, that he intended to make certain sporting events, including the Heineken Cup and the Six Nations tournament, free to air for Irish viewers.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is legislation promised on this matter?

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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No. I am seeking clarification on this. The Greens are supporting the Minister, while Fianna Fáil seems to be completely split on it. The Minister stated in his press release, which is what I am dependent on-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Media speculation is not promised legislation.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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His specific words were that he would be bringing "legislative change". Is that the position? There seem to be mixed messages coming from the Government. It does not augur well in terms of public policy when there is such a split and confusion about a simple statement the Minister made.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy can make inquiries to see if legislation is promised in this area.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Is it the Minister's intention to bring in legislation? If so, why is it not on the legislative programme?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is no proposed legislation. The matter is out for consultation.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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In his press release, the Minister used the term "legislative change".

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There may be.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I did not introduce this. I am seeking clarification because the Minister has stated that he intends to bring in legislative change. What does that mean at this stage? No matter how one spins it, consultation is not legislative change. What exactly does legislative change mean?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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A parliamentary question to the Minister might help in the matter.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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No. It is about legislation, so this is the place and this is the time.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes, but is it promised? Media speculation on legislation is not promised legislation.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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When a Minister makes an announcement, what is meant by legislative change? Will the Tánaiste please tell us exactly what it means?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There is no promised legislation.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is a matter for consultation. Arising from the consultation, decisions will be made as to whether legislative change is needed, or anything else for that matter.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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The Standing Orders of the House clearly state that if a Minister promises legislation outside or inside the House - it does not matter which - it is promised legislation.

11:00 am

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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The Tánaiste is kicking to touch.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Its is promised legislation.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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It is promised legislation. If the Tánaiste does not know about it, perhaps she will find out and inform the Deputy.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste has replied to Deputy McManus's query. I call Deputy Ring.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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She has kicked it to touch.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Fianna Fáil and the Government do not like elections any more. Even though Fianna Fáil used to be great for elections, its members no longer like them. They do not like by-elections-----

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

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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No, this is in order. They do not like by-elections or general elections and now do not even wish to hold the Údarás na Gaeltachta elections. Consequently, I wish to ask two questions of the Tánaiste, one of which pertains to the Údarás na Gaeltachta Bill. Will legislation be brought before this House to extend the Údarás and what is the position in respect of the nominees the Government has nominated to the Údarás board? Have they been renominated, now that their term has expired or is legislation required in this regard? When will the Údarás elections, which now are due, take place? Will Údarás elections ever take place again? Why, all of a sudden, does Fianna Fáil dislike elections?

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

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is promised legislation in respect of the new Údarás na Gaeltachta Bill. That has not been completed given the discussions arising from the straitéis 20 bliain don Ghaeilge. As the Deputy is aware, the Minister can postpone the elections under the existing legislation. This is being considered in the context of the new legislation, which has not yet been brought to the House.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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They will be there for ever.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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They will be there for 25 years.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Ceann Comhairle has been very helpful to me in the past and often has advised me to table a parliamentary question. I have followed his advice and have tabled repeatedly the same parliamentary question in respect of the same subject, only to receive the same answer. The answer reads, "If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course". This I am now doing-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That seems reasonable.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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-----in the vain hope that something will happen and that the Minister for Health and Children will begin to answer questions that have not been answered for the past four months.

I also wish to mention an issue about which there is relevant legislation to which I will refer shortly, namely, when the HSE-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The elaboration and embellishment is uncalled for. If the Deputy could just-----

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I am not embellishing.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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It is an embarrassment.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I outlining the facts. When the HSE received its devolved powers from the Department of Health and Children, a separate parliamentary affairs division was established. What is that division doing at present?

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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It is relegated.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Countless constituents of all Members of this House-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, you need to bring this matter up directly with the line Minister.

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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This is the answer Members are receiving.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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While I will tell the Ceann Comhairle the legislation to which I refer, I would not want to give let him know too soon. Many people outside this House are wondering at present-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy is abusing the Order of Business.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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-----what is the answer to this question. I once again ask the Ceann Comhairle to help me.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes, and I ask the Deputy to help me on the Order of Business. He is abusing the latitude that I have allowed to him on the Order of Business.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I ask the Tánaiste, through the Ceann Comhairle, whether the health information Bill could be introduced, even secretly, into the House in order that Members could examine it and perhaps have a debate on it. Perhaps the Minister might follow on, along with the Bill, in an effort to provide some explanation.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We will help by making inquiries on the Deputy's behalf.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Does the Ceann Comhairle realise the seriousness of the predicament I am in?

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

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

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Must Members then wait until later this year before the people who are suffering while awaiting hip operations and all the other things such as the processing of medical cards, appeals of all descriptions, rent supports and mortgage supports-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Please Deputy. You really have gone into embellishments now.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Must Members wait-----

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Hear, hear.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy should resume his seat. We have got the answer to the query on the legislation.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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So, the answer is "No" and Members will not see it in this session.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Legislation has been promised for later in the year.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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It is not going to happen this session.

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

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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My last question on promised legislation concerns the national vetting bureau Bill, which also is urgently required legislation. It has been promised to me several times, as well as to many other Members on all sides of the House. Can the Tánaiste provides Members with a hint as to what progress might be?

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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The Deputy is not listening.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I will do more than give the Deputy a hint. I gave the answer approximately five minutes ago, which is that the heads are being worked on as a matter of urgency by the Minister of State with responsibility for children.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Does that mean the Bill will be before the House next week?

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

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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No.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The head of the Bill were being worked on this time last year as well. It is taking a lot of time for the heads to develop.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Nearly as long as it took to close the head shops.

I wish to ask the Tánaiste about pending legislation but before doing so, I remind Members that we are in the latter end of May and 1 July beckons shortly. That date's significance is that it is the date on which non-consultant hospital doctors change contracts. Due to visa changes and the European working time directive, we have suffered a loss of non-consultant hospital doctors. Our hospitals already are in chaos and Beaumont Hospital in particular has some of the longest waiting times and the highest number of people waiting on trolleys.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is this leading towards a question on legislation?

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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The legislation to which I refer is No. 50 on the list of promised legislation and it relates to-----

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

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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If the Ceann Comhairle allows me to finish, I will get through this quickly. There are continual interruptions.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That is the problem. This is not provided for under the Order of Business.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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It is because I am inquiring about legislation, which is No. 50-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is not. Such an elaboration on an inquiry about legislation is not provided for under the Order of Business.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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My inquiry pertains to the proposed transnational information and consultation of employees (amendment) Bill. Are the provisions in that Bill to correct an anomaly-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I intend to ask the Tánaiste to bring the House up to date on that legislation.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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No, I insist on finishing this. The visas that were given to non-national non-consultant hospital doctors used to extend for two years, which allowed them to come to Ireland. They constitute the backbone of the health service and the hospital system. However, this period now has been reduced to six months and they are being charged €800 every time they apply. If ever there was a development designed to send these people out of this country, where they are badly needed, this is it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Allow me to inquire whether there is promised legislation in this area.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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This is a cynical move to save money and reduce services further for patients.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, please. We are on the Order of Business and I cannot allow you-----

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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When will this Bill be introduced? Will this issue be addressed by the Minister for Justice, Equality and Law Reform?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Tánaiste, on legislation.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is going to be more consultation and it is not possible to state when the Bill will be put forward.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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The C-word.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Perhaps the Ceann Comhairle can be of assistance in respect of a new means of announcing legislation. Yesterday evening, a spokesperson for the Department of the Environment, Heritage and Local Government announced to sections of the media that a new housing agency would be set up to deal with development land and loans that are taken out for developments in local authorities. I refer to the aggregate development land Bill. I knew nothing about this until then.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I will make inquiries.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Can the Tánaiste make inquiries about this?

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

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Is this a new way of announcing legislation?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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No, we will-----

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Perhaps in his role, the Ceann Comhairle might bring to the attention of the Minister for the Environment, Heritage and Local Government-----

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

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I do not have any role in this matter.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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-----the inappropriateness of and disrespect for this House in respect of how these matters are announced.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the Tánaiste aware whether there is promised legislation in this regard?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I am not aware of it.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Second, has the legislation to facilitate a directly-elected mayor of Dublin gone before the Cabinet? When will it be published and when will it come before this House?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It has not been completed as yet. It has not been brought to the House for consideration.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Tánaiste must check Senator Boyle's Twitter.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Is there a new housing Bill? I refer to the Bill that was announced by a spokesperson for the Department of the Environment, Heritage and Local Government? Is that Bill a legitimate legislative item that Members can expect within this session?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I must revert to the Deputy on that issue.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank the Tánaiste.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I wish to raise two matters, because today marks the first anniversary of the publication of the Ryan commission report. I intend to ask specifically about legislation in this regard but the 36th promise in the implementation plan published by the Government stated that the HSE and the youth justice service would develop a panel of appropriately skilled professionals to undertake investigations.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, we will inquire about legislation for you.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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This was to be done by December 2009. The panel referred to here comprises the 15 individuals out of whom three people must be selected to facilitate the inquiry that the Minister announced on the Adjournment debate on Tuesday evening would take place into the death of Daniel McAnaspie. This panel should have been in place five months ago.

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

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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First, I ask the Tánaiste whether legislation will be published to provide a statutory role to the persons appointed to that panel? Second, if such legislation is to be published, when will Members have sight of it? Third, if no legislation is to be published, why is the appointment of individuals to the aforementioned panel now five months behind time? The failure to create the panel means that the independent inquiry-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, please. There is no provision to have a Second Stage-type contribution on the Order of Business.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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No, but there is provision to ask about legislation arising directly from a Government promise.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Exactly. So we will make inquiries about that legislation.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The final point I wish to make that issue is that the HIQA report on the conducting of inquiries into the death of children in care recommends that within four weeks of a child in care dying, three people should be empanelled to commence the inquiry. I simply ask when will the 15 persons be put in place, out of whom three people may be selected? Will they be selected by the Minister or by the HSE?

In connection with the Ryan commission report, there was promised funding of €2 million for counselling agencies. It does appear that any legislation will be enacted with that. The HSE was given €1.8 million but money was promised to the Dublin Rape Crisis Centre and the One in Four organisation. They have received no money and at least one of those organisations has a waiting list of nine months for individuals seeking counselling. Can the Tánaiste explain why neither of those two promises arising from the Ryan commission report has been implemented?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is inappropriate to contribute on these matters during the Order of Business.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is no promised legislation on the disbursement of money to the voluntary sector or the statutory sector in the context of counselling services. Arising from a debate we had a few minutes ago, the Minister of State indicated he was more than happy to come in here and review progress on the implementation of the recommendations as set down as a result of the debate that took place here last year, at which stage the Deputy will have more than enough time to put these questions to the Minister of State. As the Deputy knows full well, this week the matter of the tragic death of that young man was discussed in the House. The Minister of State indicated the panel would be set up as a matter of urgency.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The panel was supposed to be established by last December. When will it be established?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Minister of State indicated what is happening and that is more than appropriate.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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When will the panel be established?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have further debate on this matter.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It should have been established five months ago. It is like everything this Government-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There is no provision for question time on the Order of Business. The Deputy should submit a parliamentary question to the line Minister.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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During the week, Commissioner Rehn indicated that Ireland may have to consider further cuts in this year's budget. Against that background, is the Government preparing to consider further cuts and are Departments looking at such action? Will we have any more open scrutiny of the options coming before Government as a parliament?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I clearly recollect this point being raised in the debate we had yesterday.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Yes, but we did not get a satisfactory answer. As days go on, we hope for some clear information.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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A parliamentary question to the Minister for Finance would be in order.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Last year, the Tánaiste described much of the McCarthy report as nonsense. That was supposed to have an input into the budget. We need to know the procedures being planned for perhaps a mini-budget this year and certainly for the budget for 2011.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not disputing the importance of the query but it should be addressed directly to the line Minister by way of parliamentary question or some other process.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The budget is the most core legislation we have.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Approximately 70,000 applications are sitting unprocessed across the road in the Passport Office. The public is under the impression that this problem has gone away. It is only starting, as we approach the summer season.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is no legislation related to this.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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The Passport Act 2008 is on the Statute Book so there is no legislation but there is a problem across the road.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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A parliamentary question? The Adjournment? There are so many other ways to raise this issue.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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There are not actually.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is inappropriate to raise this issue on the Order of Business.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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A colleague of the Tánaiste acknowledged on the radio that her office is very busy with increased representation.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I was not on the radio.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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There are two reasons for that - passports and the fact there is a Deputy missing in the area. There are two issues at stake.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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He is not missing, I saw him last week. He is not missing at all.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy is out of order.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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The Tánaiste should personally engage with this issue because there will be a major problem come the summer. The waiting time has gone from 15 days to 20 days at least. Obviously the Tánaiste is happy with all the representations coming into her office.