Dáil debates

Wednesday, 23 June 2010

11:00 am

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. a12, motion re Ministerial Rota for Parliamentary Questions; No. 12, motion re By-Election for Dublin South; No. 6, Health (Amendment) Bill 2010 - Second and Remaining Stages (Resumed); and No. 23, Road Traffic Bill 2009 - Order for Report, Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10 p.m.; (2) No. a12 shall be decided without debate; (3) in the event of No. 12, motion re By-Election for Dublin South, 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 the Labour Party, Fine Gael and 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; (4) the following arrangements shall apply in relation to No. 6: (i) the proceedings on the resumed Second Stage shall, if not previously concluded, be brought to a conclusion at 4.45 p.m. today; and (ii) the proceedings on the Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Health and Children; and (5) in the event a division is in progress at the time fixed for taking Private Members' Business, which shall be No. 81, motion re Tourism (Resumed), Standing Order 117(3) shall not apply and Private Members' business shall, if not previously concluded, be brought to a conclusion after 90 minutes tonight.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed to?

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed to. I seek clarification again. I hope that having raised the matter yesterday, the Tánaiste and Minister for Education and Skills will have given further consideration to my request for time to be provided between now and the summer recess in order for the House to address the serious matter of the concerns arising out of both the junior and leaving certificate examinations. There were incorrect figures in the junior certificate business studies paper and missing pages from the leaving certificate accountancy paper, which matters are important. I appeal to the Tánaiste to afford an opportunity to the House to address these matters as there is no Question Time for the Minister for Education and Skills remaining in the current term and we must wait until the autumn, which simply is not good enough.

A further issue is that from my inquiries since I have established that the papers were all printed by two printing firms in Britain. Against the backdrop of the closure only last week of Future Print which announced the loss of 112 jobs, I understand EU regulations on tendering-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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This is the Order of Business. There are other times and other ways to raise the matter.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----but it has been mooted by the print industry time and time again that such work could be broken down and, under all the acceptable norms, apportioned to print entities in this jurisdiction affording work here at home.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Ó Caoláin must find an alternative time.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is a side issue but it is an important one. The Tánaiste is the former Minister for Enterprise, Trade and Employment and no doubt she has not abandoned any interest she had then in these issues. I appeal to her. Will time be provided? Will the Tánaiste and Minister for Education and Skills allow time, either this week or in the fortnight remaining, to address the issue of the serious problems from the junior and leaving certificate?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Ó Caoláin could start off with the Adjournment. It is a matter for consideration for the Adjournment.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Adjournment is not acceptable and I said that to the Ceann Comhairle yesterday. It does not meet what is required.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Taoiseach indicated there is a short timeframe available now for the discussion of legislation and I do not anticipate time being made available to discuss this matter. However, there are other ways in which this can be raised. Also, the Joint Committee on Education and Science can take the opportunity to meet the State Examination Commission.

I want to make one or two points. First, I spoke with the chairman of the commission today and expressed my concerns about what has happened. He indicated to me that he will be having a meeting with the commissioners tomorrow on this matter and the practice. The issues will be examined and brought back to my attention to determine what further action, if any, must be taken.

We always review the outcome of the examination process and procedure, which is a mammoth task. It is unacceptable that young people who have been studying for two or three years for an examination would find themselves in this situation but I compliment the schools involved for the speedy way in which they were in a position to get the examination papers from the commission and to give that additional time to those young people. I hope the situation was not a deterrent to their ability to answer the questions, but I reiterate that it was not acceptable. I have spoken with the chairman about the matter. The commission deals with the issue of printing, etc. It is not necessarily that the process was inadequate, but that certain people did not do the job they were asked to do. This matter will be brought back to me as quickly as possible, but the committee, which is active in the House, could have an opportunity to raise this matter with the commission.

Question, "That the Dáil shall sit later than 8.30 p.m. be agreed to", put and declared carried.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with No. a12 agreed to? Agreed. Is the proposal for dealing with No. 12 agreed to? Agreed. Is the proposal for dealing with No. 6 agreed to?

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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It is not agreed.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Deputy Shatter set out the reasons this proposal cannot be agreed to. The Health (Amendment) Bill 2010 is deeply flawed. The proposal is for Second Stage to conclude at 4.45 p.m. and Committee and Remaining Stages to conclude at 5.30 p.m. While the review group comprises people of outstanding ability, the changes contained in the Bill will continue a stream of information between the HSE and the Minister, information that will then be kept secret and not published. In the interests of finding out what happened to children in care and children at risk, this situation is not acceptable.

As I pointed out previously, were the Government to engage in a proper consultative process with an Oireachtas legislative committee before introducing legislation such as this, this situation would not arise in the first place. Instead, there would be political reaction on the broad elements of what is involved. Irrespective of who produced the Bill, it is inadequate. Forcing a guillotine on such a sensitive issue and a deeply flawed Bill is wrong. For this and other reasons, I oppose the 5.30 p.m. guillotine being applied to No. 6.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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On behalf of the Labour Party, I also object to the guillotine being used. The legislation is concerned with the files of children who died in the care of the State and the work of the independent review group. It is extraordinary that, while the group was set up by the Minister for Health and Children, the only way it can get the information it requires is via a circuitous route through her to the HSE and back again. She decides whether the group requires that information.

Clearly, the legislation needs to be amended. Three quarters of an hour will be provided to discuss the 19 amendments tabled by Deputy Shatter and myself. This is entirely inadequate for an important issue, namely, the lives and deaths of children put into the care of the State. On behalf of the citizens of Ireland, we are here to deal with this legislation, but we only have three quarters of an hour in which to do our best to strengthen the Bill in so far as we can. It is emergency legislation, which should never be rushed through in this way. If we get it wrong, the lives of the most vulnerable children in our communities will be affected. On behalf of the Labour Party, I strongly object to only three quarters of an hour being afforded to deal with 19 amendments to important legislation.

I wish to make a general point that was made by my party yesterday. We are constantly having guillotines because we are nearing the end of the term. The two applied yesterday were unnecessary because the business was done before we even reached the times at which the guillotines were to be applied. We are using up valuable time on issues in respect of which we do not need guillotines while a guillotine is being applied to the important matter of the deaths of children in care. Opposition spokespersons will have three quarters of an hour to try to deal with an issue. As representatives of the people, we have a responsibility to deal with it in this Chamber.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The general issue of guillotines can be discussed in a different context.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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I strongly object to the time being curtailed. I urge the Ceann Comhairle to ensure adequate time is allowed to deal with this important issue.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In the first instance, it was an outrage that legislation was required to compel the HSE to provide the Minister with critical information on children in care.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Hear, hear.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That said, it is equally important that, if legislation is required, it should be properly drafted and fit for purpose. Clearly, the Bill has serious flaws and needs to have some of its aspects revisited.

The Ombudsman (Amendment) Bill 2008 concluded an hour before the allotted time under last night's guillotine. If this Bill was to commence today, there would not even be three quarters of an hour for Report and Final Stages because an hour was taken up last night between 9.02 p.m. and 10 p.m. for the commencement of Second Stage. I wonder how much time we could have secured today on the Order Paper. Surely additional time could have been allocated, given that an hour was saved last night for the commencement of this process of address of this legislation. The situation is wholly inadequate and unacceptable. The guillotine is not the way to go in respect of critical legislation such as this.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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This is critical legislation. I recall that, earlier in June, people were anxious, as were we, to ensure the Bill was introduced in the House to address the concerns about having investigations carried out.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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But the legislation must be right. It will be applied across the health service.

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

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Deputy Shatter may claim to be an expert on this matter, but I am entitled to say what I have to say. On the basis of the legislation and its importance, if people want to conclude Second Stage a bit earlier to allow greater deliberation on Committee Stage, we could amend the order accordingly.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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This place is not a rubber stamp-----

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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No, it is not.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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-----for whatever bit of legislation the Government throws up.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with No. 6 agreed to?

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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We want to respond to the Tánaiste's statement.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The Ceann Comhairle should listen.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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The Tánaiste has offered more time for Committee and Remaining Stages. On behalf of the Labour Party, that would be helpful.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Let it run.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Yes, until we finish. Let it run until 11 p.m.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Could we have clarity on the matter?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Would it be better to conclude Second Stage at 4.15 p.m.?

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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If that is acceptable to others.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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How much additional time would be afforded to Report and Final Stages?

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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An hour.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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We would be giving an extra half hour on Committee and Remaining Stages.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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May I be of help?

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

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I will be brief.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Let him make his point. It is helpful.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We will get some clarity on exactly what is being proposed. I will allow the Deputy in then.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I am prepared to change the order to have Second Stage conclude by 4.15 p.m., if doing that is helpful.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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That would be reasonable were Report Stage extended to 7 p.m. There are serious amendments to the Bill. It does not only apply to the review group on child deaths-----

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Exactly.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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-----but to the future functioning of the health service. It is a far broader Bill than was originally promised to the House. If we took Committee and Report Stages up to 7 p.m., there would be some chance of teasing out some of the amendments. The rational approach would be to conclude Committee Stage by 7 p.m. and take Report Stage next week. The Bill would still pass in reasonable time. If the Tánaiste is agreeable, I would raise no objection to closing Committee Stage down at 7 p.m. as long as Report Stage is allocated an hour or an hour and a half one day next week. The Minister could have some time to consider what is stated on the amendments and we would be performing a legislative function not just rubber stamping legislation.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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I have already made the case for more time. The Ombudsman for Children only responded to the Bill in recent days, so I am sure the Minister has not had time to consider the Ombudsman's important opinions. It would be crazy of us to pass this legislation today if the Minister has not considered that important contribution to the debate. We need more time on the Bill.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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While I acknowledge that the Tánaiste has responded in some measure to Members' appeal, only 30 minutes would be transferred from Second Stage to Report and Final Stages despite the number of amendments and the issues raised by Members and the Ombudsman for Children, Ms Emily Logan. This is too important to be whipped aside in one evening. With respect to the Tánaiste's offer, it is not an adequate response to the Members' appeal for additional time and a more programatised approach to this legislation. There should be no guillotine, which is where the whole argument starts. If there was no guillotine, we would be able to progress and process this legislation appropriately.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Other items of legislation must be discussed in the House and the Seanad must also be afforded an opportunity. I am tied on the issue of time but I was prepared to change the deadline for Second Stage to 4.15 p.m. However, I am not in a position to go beyond the deadline of 5.30 p.m.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We will put the question on that basis.

Question put: "That the proposal for dealing with No. 6 be agreed to."

The Dail Divided:

For the motion: 71 (Bertie Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Bobby Aylward, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Niall Collins, Margaret Conlon, Seán Connick, Mary Coughlan, John Cregan, Ciarán Cuffe, John Curran, Noel Dempsey, Jimmy Devins, Timmy Dooley, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Noel Grealish, Mary Hanafin, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Tony Killeen, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Martin Mansergh, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, Willie O'Dea, John O'Donoghue, Rory O'Hanlon, Batt O'Keeffe, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Peter Power, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Brendan Smith, Mary Wallace, Mary White, Michael Woods)

Against the motion: 66 (Seán Barrett, Joe Behan, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Joe Carey, Deirdre Clune, Paul Connaughton, Noel Coonan, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Jimmy Deenihan, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Eamon Gilmore, Brian Hayes, Michael D Higgins, Phil Hogan, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, Brian O'Shea, Jan O'Sullivan, Maureen O'Sullivan, Willie Penrose, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Alan Shatter, Tom Sheahan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton, Leo Varadkar)

Tellers: Tá, Deputies John Cregan and John Curran; Níl, Deputies Emmet Stagg and Paul Kehoe

Question declared carried

12:00 pm

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business agreed to? Agreed.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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We have only a short number of sitting days left before the proposed summer recess. Will the Tánaiste outline the legislation proposed to be put through the House between now and its rising for the summer? A number of suggestions have been made about legislation to be taken before the recess. Can the Tánaiste indicate the legislative schedule for next week and the remaining two weeks? It is important we know that because there is confusion about the mayoralty legislation, progress on the wording for the children's referendum legislation and so on. Can the Tánaiste tell us the schedule for the remainder of the Dáil session in terms of legislation to go through the House?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The expectation is that it will include the Health (Miscellaneous Provisions) Bill and the Planning and Development (Amendment) Bill. We are also dealing with the prescriptions Bill, the European Financial Stability Facility Bill and the Adoption Bill. As the Deputy is aware, the Central Bank Reform Bill is at Report Stage and we hope to have that completed also. The Wildlife (Amendment) Bill will be taken tomorrow. It also includes the Dog Breeding Establishments Bill and the Social Welfare (Miscellaneous Provisions) Bill.

Photo of Tom SheahanTom Sheahan (Kerry South, Fine Gael)
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That will take six months.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Electricity Regulation (Amendment) (Carbon Revenue Levy) Bill is being dealt with today.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Taoiseach gave a specific commitment in respect of legislation to deal with the racing industry and betting tax. It should be noted that there is growing concern about the status of the racing industry. There must be legal base to what the Taoiseach committed himself to and the earlier that is done, the better. May I ask the Tánaiste if it is envisaged that this legislation will come into the House before the summer recess?

Am I to understand from reports that the legislation dealing with a directly elected mayor for Dublin is to come into the House at the end of September or October and that the proposition is to have elections either in October or November? We must have some clarity about that. The Labour Party will move the writ shortly for the Dublin South by-election, which I will support. Writs have been moved for two other by-elections - one in the Tánaiste's own constituency.

There is much talk about the holding of the referendum on children's rights. The Tánaiste has said that is of such importance it should be a stand-alone issue. There are three by-elections, a mayoralty election and a referendum on children's rights pending yet there is no clarity from Government about any of that. It would be in everybody's interest if the Tánaiste could specify what is to happen regarding those matters between now and the rising of the House for the summer recess.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Taoiseach indicated yesterday, in answer to both of those questions, that, first, there were discussions on the racing industry. It is not expected that legislation will be available before the summer. Second, with regard to the referendum, it is not expected that the legislation will be in the House before the summer.

On the issue of the election for mayor in Dublin, the Minister for the Environment, Heritage and Local Government is dealing with that matter and he will bring forward proposals in due course.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Will the Tánaiste clarify some dates for the House? When I asked the Taoiseach last week about the date on which the House would rise for the summer recess, I understood him to say the Government's proposal was for 8 July. Has the Government made a decision as to when the House will resume sittings after the summer recess? Has it decided on a date for the budget? Has it decided a date or a week for by-elections, elections for a directly elected mayor for Dublin or referenda?

In today's the Irish Independent, the Minister for the Environment, Heritage and Local Government was attributed to saying that the election for the Dublin mayor will be held in October. The Tánaiste has just said the setting of such a date is a matter for that Minister. It appears, whether the Government knows it, he has already decided on a date. Will the Tánaiste clarify this list of dates I have raised?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Government has decided the House will rise on 8 July. This matter will be brought to the House in due course. The Government has not decided as to when the House will be recalled. It is not usual for the Government to determine the date of the budget as this early time. It will be determined in due course. With regard to all the other issues raised ad infinitum in the House, no decision has been made by the Government on by-election dates. The legislation concerning the Dublin mayoralty will be brought to the House in due course.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It will be all in due course. It is Government by due course.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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That is the way it goes.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I am just trying to understand-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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The public cannot wait for a new Dublin mayor.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Deputy Barrett could go for it himself.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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-----how the Government makes its decisions.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Please allow Deputy Gilmore without interruption.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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There is not a tiddlywinks club in the country that would not have some idea of the key dates for committee meetings and events. Every organisation has some idea at this stage as to what its agenda for the rest of the year looks like. Yet the Tánaiste asks us to accept that the Government has decided the date the House will rise but has no idea when it will be recalled after the summer recess. She also asks us to accept that it does not know when the budget will be or elections or referenda held. If it cannot make up its mind on the timetable for the rest of the year, it leaves a poor impression as to how it is making decisions on more important matters.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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Deputy Gilmore could not make up his mind about the Croke Park deal.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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There will be plenty of guillotining.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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We could fall back on Old Moore's Almanac.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputies, we will park the witticisms for the moment. I call Deputy Ó Caoláin.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We will see if we can get a copy of Old Moore's Almanac for the Tánaiste.

The Tánaiste says everything will be in due course. Can she indicate if the Government has given serious consideration to the matters raised? We have gone on at length about the important referendum on children's rights yet the Government continues to trundle out the same response that no decision has been made. Is it actively considering, never mind actually coming to a conclusion, as to when this referendum will take place? There is no evidence it has so far.

The children's referendum was promised and committed to by the Government. Time and again we have asked for it to be clarified that it will be held in 2010. Will the Tánaiste inform the House if the Government can at least indicate it can give a date for the referendum?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, we have been discussing this matter for some time.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will she at least tell us if the Government has agreed to hold a referendum on children's rights in 2010?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Tánaiste give a brief response as we need to move on?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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No decision has been made. When it is, we will tell everybody. No decision has been made. There is no point in raising this issue anymore because we are not in a position to give a date.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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That is a ticking off for Deputy Ó Caoláin.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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That is telling the Deputy.

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

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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There is a certain finality about that. Where is the national vetting bureau Bill resting? Has it been finalised? Is it moving through the system or still lying dormant?

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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It will be with us in due course.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It is being vetted.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is being drafted and it is intended to bring it to the House in the next session.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I thought it was urgent legislation for this session.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Yes, but there are only two more weeks left to this session.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It will be taken in the next session.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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We raised this six months ago.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Ar aghaidh leat, Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The dormant accounts Bill is an interesting one, considering the current economic climate. Will the Tánaiste indicate as to whether the heads of the Bill have been discussed at Cabinet and where the Bill stands?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The heads of the Bill were approved last November. The legislation will be brought to the House at the end of this year.

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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There seems to be only one head in Cabinet.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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That Bill is having a long gestation.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We will have the Deputy's final query.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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My final query is also interesting. The national tourism development authority Bill could have major and important implications for the tourism industry. Have the heads of the Bill been discussed and agreed in Cabinet? Will the Bill come before the House in this session?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It will not be coming to the House in this session. There are ongoing consultations about the legislation and there is no date as to when the legislation will be before the House.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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There is no date.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Will the Tánaiste explain why there is a further delay in the planned cystic fibrosis rooms at St. Vincent's Hospital? The rooms were promised to be in place in 2010. Apparently, the tender has to be retendered.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We only consider issues relating to legislation on the Order of Business.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I will mention the legislation. However, the reality is that children and young people with cystic fibrosis are dying ten years younger than those in another jurisdiction only 40 miles up the road.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy will have to find an alternative way of raising this matter. He should raise it with the line Minister directly.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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The Minister for Health and Children was in the Chamber for Question Time yesterday.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is unfair to expect the Tánaiste, the Deputy Leader of the Government, to have the answers to this matter at this time. It is a matter for the line Minister.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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How unfair is it on the people suffering with cystic fibrosis in this country?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not diminishing the importance of the issue. I am telling the Deputy to bring it up with the line Minister.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Yesterday the Minister for Health and Children, Deputy Harney, said only a small number of accident and emergency departments have overcrowding issues. However, the Irish Association for Emergency Medicine rejected this claim, stating neither the Minister nor the Health Service Executive have been prepared to accept the true extent of the problems faced by patients attending emergency departments who need hospital admission.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy knows this is not a query concerning legislation.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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When will the eligibility for health and personal social services Bill come to the House? Is there any point in having such a Bill if the reality for patients with cystic fibrosis and those who have to attend accident and emergency is that they cannot get a service?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is no date for that legislation.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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As we head towards the end of another Dáil year, I note it has been marked by the absence of any sign of action on the much needed and important monuments Bill. Will the Tánaiste confirm this Bill will be taken in the next session?

In view of the mess the economy is in, brought about by the Government's squandering of taxpayers' money over some time, will the Tánaiste assure the House there will be no mini-budget between now and December?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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When is the national monuments Bill due?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The national monuments Bill will be taken next year.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Yesterday the Minister for Finance announced an inquiry into the operations of the Department of Finance. Will the terms of that inquiry be published? Will the inquiry examine the role of the Department of the Taoiseach in respect of economic policy over the ten year period that, apparently, the inquiry will cover? For much of the relevant period, the Department of the Taoiseach and the former Taoiseach took the lead on finance on many occasions. Will the inquiry cover both the role of the Department of Finance and the role of the Department of the Taoiseach? Will the Minister publish the terms of the inquiry and will the Minister commit to publishing in full the results of this inquiry?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy consider a parliamentary question on the matter?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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No. The Departments of Finance and the Taoiseach are the two lead Departments with regard to the economy and governance of the State. A financial emergency has arisen as a result of Fianna Fáil's mismanagement. The Minister has belatedly announced an inquiry. I am perfectly in order to ask what the terms of the inquiry will be. Will it be comprehensive and include the Department of Finance? Will the terms be published? Will the outcome and report of the inquiry be published in full? I am totally in order to ask.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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This is a review of the Department of Finance, not the Department of the Taoiseach. The Minister has indicated there will be an independent review to evaluate the systems, structures and processes used by the Department of Finance in its role in advising the Minister and the Government. It will be carried out expeditiously and I do not anticipate that the terms of reference, etc., will be a matter of public discourse. The matter is pertinent only to the Department of Finance.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I beg to disagree with the Tánaiste. This matter is pertinent to the 400,000 plus people who have no jobs.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Hear, hear.

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

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is pertinent to the €40 billion and rising that we have put into the banks.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy is going off on inappropriate tangents.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The role of the Department of the Taoiseach is critical in these events.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Opportunities will arise to make these points.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Tánaiste's reply is cheap. We are all in this international emergency together.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Deputy's remarks have nothing to do with legislation.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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As are Second Stage speeches on the Order of Business.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot debate the matter now.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The ordinary citizens are paying the price for this incompetence.

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

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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We are all paying the price for their incompetence.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Tánaiste should take her punishment.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Costello without interruption, please.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Why would the terms of reference be of interest?

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Will the Tánaiste indicate when we can expect the long awaited services directive to be transposed into legislation? Will it be transposed by statutory instrument or primary legislation? It is quite a controversial directive.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I have not been briefed for some time on that directive. I am aware I reverted to the Deputy some time ago.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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It has been so long since we have heard anything.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is a substantial tranche of legislation. I will ask the Minister of State, Deputy Dara Calleary, to revert directly to the Deputy.