Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 11, motion to rescind the Order of Referral of Access to the Central Treasury Funds (Commission for Energy Regulation) Bill 2011[Seanad] to the Select Sub-committee on Communications, Energy and Natural Resources; No. 1, Dormant Accounts (Amendment) Bill 2011 [Seanad] - Second Stage; and No. 14 - statements on the report by the interdepartmental working group on mortgage arrears (resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 11 shall be decided without debate. Private Members' business shall be No. 36, motion re mental health services.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with No. 11, without debate, agreed to? Agreed.

Micheál Martin (Cork South Central, Fianna Fail)
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I was somewhat surprised by the Taoiseach's confirmation of the resignation of the Minister of State, Deputy Willie Penrose. On a personal level, I got on very well with the Deputy over the years. Will the Taoiseach outline to the House the reasons the Minister of State resigned and the implications of this for the implementation of legislation already committed to, in particular that relating to housing and the regeneration programme in Limerick?

Paul Kehoe (Wexford, Fine Gael)
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That was agreed during the last Government.

Micheál Martin (Cork South Central, Fianna Fail)
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Does this resignation confirm the closure of the four barracks, in Mullingar, Cavan, Clonmel and Castlebar? When does the Taoiseach anticipate replacing the Minister of State? Will he outline any implications for the programme for Government? This is the second resignation from Government parties this year. Does the Taoiseach anticipate any further resignations before the end of the year?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are on the Order of Business now, discussing promised legislation.

Enda Kenny (Mayo, Fine Gael)
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As I did already, I can confirm to Deputy Martin that the Government has made its decision in respect of the four barracks he mentioned. Those closures will become effective from the end of March 2012. Every Member of the House is entitled to make his or her decision in his or her own way in regard to continued representation as either a member of Government, or of any party, and I respect that absolutely. It is always disappointing to lose a member of Government. I commended Deputy Penrose on his activities in pursuit of his housing responsibilities as Minister of State. He introduced a number of constructive proposals which are working well. In due course the Government will make an appointment as his successor.

Micheál Martin (Cork South Central, Fianna Fail)
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Was any effort made to prevent the resignation?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, Deputy, that matter is not on the Order of Business.

Micheál Martin (Cork South Central, Fianna Fail)
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It seems extraordinary this is happening, given the enormity of events-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, Taoiseach. Deputy Martin is out of order. I call Deputy Adams.

Gerry Adams (Louth, Sinn Fein)
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I, too, commend Deputy Penrose on his work as Minister of State and his long service to the Labour Party. I commend his action to other Labour Party Ministers at this time.

I have two questions. We applied through the Whips to get more time to debate the cuts in capital programmes that were announced last week. Will the Taoiseach encourage his Whip to state whether more time can be allocated to debate this issue? The programme for Government contains a commitment to provide for the right to collective bargaining. When will this legislation be introduced? This issue arose during earlier questions. Without such protections trade unions cannot act as they need to in order to protect terms and conditions of employment and resist the downward pressure on wages.

Enda Kenny (Mayo, Fine Gael)
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Opening statements on the capital programme will be introduced tomorrow, followed by a 45-minute question and answer session. The matter will be slotted again next week in the House. Deputy Adams and his fellow party members will have plenty of opportunity to have their say.

Gerry Adams (Louth, Sinn Fein)
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What about the legislation on collective bargaining?

Enda Kenny (Mayo, Fine Gael)
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I do not have detail on that. I will advise the Deputy.

Seán Fleming (Laois-Offaly, Fianna Fail)
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This afternoon the Government announced its decision to close St. Brigid's Hospital, Shaen, Portlaoise. This follows a decision two weeks ago to close Abbeyleix Hospital.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is this for the Order of Business?

Seán Fleming (Laois-Offaly, Fianna Fail)
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It is very relevant to what Government business should be in the House today. It announced the closure of two hospitals in County Laois over two weeks. Two weeks ago, the Minister for Health came to the House.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, you are out of order. Please resume your seat. This is not for the Order of Business but for a parliamentary question.

Seán Fleming (Laois-Offaly, Fianna Fail)
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We all know the Minister stood down the board of the HSE-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy McConalogue. Deputy Fleming should table a parliamentary question.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The reason I raise this-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Fleming, you are out of order.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The reason I raise this matter is that I followed the Ceann Comhairle's advice and tabled the matter of the closure of the hospital in Abbeyleix as a topical issue two weeks ago. The Minister came to the House but did no more than read out the statement of the HSE. I asked him for further information.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Thank you, Deputy. You will get a reply then. Please resume your seat.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I tabled a question seeking the facts regarding documentation on the closure of the hospital in Abbeyleix and am awaiting a reply.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There you are. You have asked a parliamentary question. What are we all getting excited about?

Seán Fleming (Laois-Offaly, Fianna Fail)
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The parliamentary procedure has not operated satisfactorily. The decision announced today-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, Deputy. Please resume your seat.

Seán Fleming (Laois-Offaly, Fianna Fail)
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-----is a ministerial decision not a HSE decision.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please respect the Chair and resume your seat.

Seán Fleming (Laois-Offaly, Fianna Fail)
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It is not a decision of the board of the HSE. These decisions have gone directly-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Fleming, I am on my feet.

Seán Fleming (Laois-Offaly, Fianna Fail)
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These decisions have been made directly on the matter and the Minister has taken it on himself----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am not going to throw you out because that is what you are looking for. Please resume your seat.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I tabled a question for written answer today-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Fleming, please resume your seat.

Seán Fleming (Laois-Offaly, Fianna Fail)
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A Cheann Comhairle, what is the point in my tabling the question for written answer today?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Fleming, you are totally out of order. Resume your seat, please.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I want the Minister to come into the House.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I suspend the House for five minutes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I wish to put on the record that it is 30 years since I was elected to the Dáil. I have never in 30 years seen such behaviour, including-----

Deputies:

Hear, hear.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----total disrespect for the institution of the Chair.

Seán Fleming (Laois-Offaly, Fianna Fail)
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A Cheann Comhairle, I concur with that.

Colm Keaveney (Galway East, Labour)
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Apologise.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I have been in this Chamber for 14 years.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I want to say I find it absolutely objectionable that the leader of your party will not tell you to resume your seat and stop disobeying the orders of the Chair.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I have never before had to take to my feet to seek the attention of the House in this manner.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I do not find it funny. I will keep suspending the House.

Seán Fleming (Laois-Offaly, Fianna Fail)
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There has never before been a situation where two hospitals in one county were closed in the space of two weeks-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Especially as we are now live on television-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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-----without any public statement and without the Minister coming in here to explain his thinking.

Michael McCarthy (Cork South West, Labour)
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The Deputy should have some respect.

Seán Fleming (Laois-Offaly, Fianna Fail)
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It is not a HSE decision.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----and the people can see exactly what is going on-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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Elderly people are frightened in their beds tonight in Shaen Hospital and in Abbeyleix.

Arthur Spring (Kerry North-West Limerick, Labour)
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Have some respect for the Chair.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If this is the behaviour of the Fianna Fáil Party, I regret it very much.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The distress this is causing to the staff and the families of people who are severely ill-----

Bernard Durkan (Kildare North, Fine Gael)
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The Deputy should raise it on the Adjournment.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is Deputy McConalogue going to speak? No.

Seán Fleming (Laois-Offaly, Fianna Fail)
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People in Shaen Hospital were shocked to hear this news this evening.

Arthur Spring (Kerry North-West Limerick, Labour)
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Shame on you.

Colm Keaveney (Galway East, Labour)
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Reprehensible.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Boyd Barrett.

Seán Fleming (Laois-Offaly, Fianna Fail)
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This is on top of an earlier situation.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Just ignore him Deputy, please.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Chair, I-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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I refer to what happened in Abbeyleix two weeks ago.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Do not mind him.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The Minister has decided to introduce a new policy-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Boyd Barrett.

Seán Fleming (Laois-Offaly, Fianna Fail)
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-----of privatising district hospitals.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask Deputy Martin in the interests of democracy to ask his colleague to resume his seat.

Micheál Martin (Cork South Central, Fianna Fail)
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I am not chairing the Dáil.

Seán Fleming (Laois-Offaly, Fianna Fail)
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This is not a matter for any Member other than the Deputies representing Laois-Offaly.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask Deputy Boyd Barrett not to mind-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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This affects our constituency.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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His microphone is not on. He is not being recorded.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I will not be asked by any intermediary from anywhere else-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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He is wasting his breath.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I fully respect the position of my party leader, as he respects the position of those who have been democratically elected.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Durkan.

Paul Kehoe (Wexford, Fine Gael)
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Go on.

Seán Fleming (Laois-Offaly, Fianna Fail)
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If I had an opportunity-----

Bernard Durkan (Kildare North, Fine Gael)
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On promised legislation, a Cheann Comhairle-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Yes, thank you.

Seán Fleming (Laois-Offaly, Fianna Fail)
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-----I would have raised this issue by means of a parliamentary question here on the floor.

Bernard Durkan (Kildare North, Fine Gael)
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Could I ask, on promised legislation-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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I had the situation in relation to Shaen Hospital on the Order Paper here today.

Bernard Durkan (Kildare North, Fine Gael)
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-----the present whereabouts and progress in relation to the mental capacity Bill?

Seán Fleming (Laois-Offaly, Fianna Fail)
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I raised the situation in relation to Abbeyleix Hospital during Topical Issues a couple of weeks ago.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call the Taoiseach on the mental capacity Bill.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I did not receive a satisfactory response from the Minister.

Enda Kenny (Mayo, Fine Gael)
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I answered that last week, a Cheann Comhairle.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The Ceann Comhairle has asked me to use an appropriate mechanism to raise this issue.

Enda Kenny (Mayo, Fine Gael)
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It will be introduced early next year.

Seán Fleming (Laois-Offaly, Fianna Fail)
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He said I should do so by means of parliamentary question or during Topical Issues.

Bernard Durkan (Kildare North, Fine Gael)
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I would like to mention two other items.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I have exhausted every procedure available to me in the House.

Arthur Spring (Kerry North-West Limerick, Labour)
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The Deputy should be apologising for making a mess of the country.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I was elected to represent the people of the constituency of Laois-Offaly.

Bernard Durkan (Kildare North, Fine Gael)
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The consumer and competition Bill has been promised for early next year.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I have on every occasion abided by the rules of the House.

Bernard Durkan (Kildare North, Fine Gael)
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Can I have some indication of whether the heads have been approved?

Seán Fleming (Laois-Offaly, Fianna Fail)
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I raised this matter by means of parliamentary question last week.

Ciarán Lynch (Cork South Central, Labour)
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Deputy Dooley should give him a push.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I have two questions on the Order Paper for written response today.

Bernard Durkan (Kildare North, Fine Gael)
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Is it progressing in a satisfactory fashion?

Paul Kehoe (Wexford, Fine Gael)
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Keep going.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The Minister is not even here. I want to know why the Minister made this decision.

Bernard Durkan (Kildare North, Fine Gael)
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There is one other Bill.

Seán Fleming (Laois-Offaly, Fianna Fail)
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Was this agreed at Cabinet level? Was the decision made by the Minister personally?

Bernard Durkan (Kildare North, Fine Gael)
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I have mentioned the companies Bill many times.

Seán Fleming (Laois-Offaly, Fianna Fail)
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Was it approved by all the Ministers in the Department?

Bernard Durkan (Kildare North, Fine Gael)
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It is a very extensive proposal.

Seán Fleming (Laois-Offaly, Fianna Fail)
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Are the people in charge of elderly care responsible for this decision?

Bernard Durkan (Kildare North, Fine Gael)
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Could I ask the Taoiseach to give some indication of the extent to which its progress has been further expedited?

Seán Fleming (Laois-Offaly, Fianna Fail)
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This is not a matter for HSE management. The Minister personally stood down the board of the HSE.

Bernard Durkan (Kildare North, Fine Gael)
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When might we expect to see it appear before the House?

Seán Fleming (Laois-Offaly, Fianna Fail)
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He asked all of them to resign their seats on the board of the HSE.

Enda Kenny (Mayo, Fine Gael)
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The consumer Bill will be introduced early next year.

Seán Fleming (Laois-Offaly, Fianna Fail)
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He said he would be personally responsible for all decisions in relation to health matters.

Enda Kenny (Mayo, Fine Gael)
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The companies Bill will be introduced in the middle of next year. There are 1,200 sections in that Bill.

Seán Fleming (Laois-Offaly, Fianna Fail)
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He said he would make hands-on decisions in relation to hospitals and health care.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Mattie McGrath.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I want the Minister to answer questions here today-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is Deputy McGrath not ready to speak?

Mattie McGrath (Tipperary South, Independent)
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I am.

Seán Fleming (Laois-Offaly, Fianna Fail)
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-----about the closure of two hospitals in two weeks.

Mattie McGrath (Tipperary South, Independent)
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I cannot hear.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask Deputy McGrath to put his question.

Mattie McGrath (Tipperary South, Independent)
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I cannot hear you.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The Minister should be here.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Put your question. I can hear you.

Mattie McGrath (Tipperary South, Independent)
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You can hear me.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Yes.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I have a right to raise issues that relate to my constituency.

Mattie McGrath (Tipperary South, Independent)
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I want to ask the Government what legislation it is using to close down the whole country.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I will do so on behalf of elderly people in County Laois-----

Mattie McGrath (Tipperary South, Independent)
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It is shutting two hospitals in Portlaoise.

Seán Fleming (Laois-Offaly, Fianna Fail)
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-----and elderly people throughout the country.

Mattie McGrath (Tipperary South, Independent)
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It is closing a barracks and a hospital in Clonmel.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry. Resume your seat.

Seán Fleming (Laois-Offaly, Fianna Fail)
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A hospital has been closed in Abbeyleix.

Mattie McGrath (Tipperary South, Independent)
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We have had our barracks for 400 years.

Seán Fleming (Laois-Offaly, Fianna Fail)
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A closure has been announced in another area.

Mattie McGrath (Tipperary South, Independent)
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We got rid of the British 100 years ago.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is with deep regret-----

Mattie McGrath (Tipperary South, Independent)
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Cromwell is back.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----that I have to suspend the House for 15 minutes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Order of Business has concluded and I now move on to the Topical Issue Debate. I call Deputy Mary Mitchell O'Connor.

Seán Fleming (Laois-Offaly, Fianna Fail)
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As I was saying before the Dáil was suspended, I raised this issue of the closure of Abbeyleix district hospital on the Topical Issue Debate and I got an unsatisfactory reply from the Minister. As a Member of this House, I would like to know-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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I raised this issue of the closure of Abbeyleix district hospital on the Topical Issue Debate and I got nothing more than the Minister-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask Deputy Fleming to leave the House.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I wish to stay here to make the point that I have used every procedure available to me.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I have tabled parliamentary questions, raised the issue on the Topical Issue Debate and raised the matter with the Minister.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Under Standing Order 62, I name Deputy Fleming and propose that he be suspended from the service of the House.

Seán Fleming (Laois-Offaly, Fianna Fail)
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I want the Minister to come to the House to explain this new stealth policy to close the district hospital. He is starting in County Laois and he is closing-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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He has announced the closure of the district hospital in Abbeyleix and he has now announced the closure of-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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Old people are living in fear tonight because adequate arrangements have not been put in place. It is unsatisfactory that the Minister will not come into the House to explain his decision.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Fleming has had his fun and stupidity-----

Seán Fleming (Laois-Offaly, Fianna Fail)
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The Ceann Comhairle had an opportunity to show the dignity of and respect to this House. He should not be so dismissive of a Member of the Opposition and treat him in a backhanded manner like this and say he has had fun. It is no fun for the people of Laois, who will have hospitals closed.

Seán Fleming (Laois-Offaly, Fianna Fail)
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The care of these people is being privatised out to private sector organisations.