Dáil debates
Tuesday, 21 October 2014
Order of Business
5:10 pm
Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 11, motion re referral to joint committee of a proposed recommendation by Dáil Éireann of appointment of members of the Irish Human Rights and Equality Commission; No. 16, motion re proposed approval by Dáil Éireann of the Saint Patrick’s Hospital Dublin (Charter Amendment) Order 2014; No. 4, Garda Síochána (Amendment) (No. 3) Bill 2014 - Order for Second Stage and Second Stage; and No. 27, statements on the Irish Fiscal Advisory Council’s Pre-Budget 2015 Statement. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn not later than 10 p.m.; Nos.11 and 16 shall be decided without debate; and No. 27 shall be taken at 9 p.m. tonight and the following arrangements shall apply: the opening statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, and such Members may share their time, the statement of each other Member called upon shall not exceed ten minutes in each case, and such Members may share their time, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. Private Members’ business shall be No. 158, motion re Irish Water. Tomorrow’s business after oral questions shall be No. 28, financial motions by the Minister for Finance [2014], motion 3, resumed.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal for dealing with the late sitting agreed to?
Joe Higgins (Dublin West, Socialist Party)
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No, it is not agreed. This is the second or third occasion recently on which time has been extended in the Dáil to debate issues. I have no problem with that but, although I have asked the Taoiseach and Ministers on those occasions when time would be made available for an emergency debate on the debacle that is Irish Water and all to do with it, especially the attempt to austerity-tax more people, I have not been facilitated. Leaders' Questions is not a substitute, nor is Private Members' time.
We now face a spectacle of Government Deputies and Ministers complaining about the Frankenstein's monster they created-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, we are not going to discuss Irish Water.
Joe Higgins (Dublin West, Socialist Party)
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-----because it is setting about gouging the people by putting in place structures to levy this new tax.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy may not use this opportunity to talk about Irish Water. He knows that as well as I do and he is long enough around now. He should not try to cod me. I gave the Deputy an opportunity. He is opposing the Order of Business.
Joe Higgins (Dublin West, Socialist Party)
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What I am talking about is-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not having a debate on Irish Water.
Ruth Coppinger (Dublin West, Socialist Party)
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We should be.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I assure Deputy Coppinger that Deputy Joe Higgins is well able to look after himself.
Bernard Durkan (Kildare North, Fine Gael)
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Joe, speak up for yourself.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Whether we should have a debate is a matter for another day. I am talking about the extension of time to deal with a particular item of business. Please let us stick to that.
Joe Higgins (Dublin West, Socialist Party)
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I will not get into the substantive issue, obviously, but it is clear that with revolt spreading from one corner of the country to the other-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy can raise that in some other way.
Joe Higgins (Dublin West, Socialist Party)
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-----the people's Parliament should discuss it. When will we have time made available? Can the Taoiseach tell us that-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is on the Order of Business.
Joe Higgins (Dublin West, Socialist Party)
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-----before we agree to today's extra time?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The proposal is being opposed. Does the Taoiseach have anything to say on it?
Enda Kenny (Mayo, Fine Gael)
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The agenda is flooded with opportunities to discuss Irish Water.
Joe Higgins (Dublin West, Socialist Party)
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Smart-alecry will not save the Taoiseach from the wrath of the people.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with Nos. 11 and 16 without debate agreed to? Agreed.
5 o’clock
Is the proposal for dealing with No. 27 agreed to? Agreed. I call Deputy Martin on the Order of Business.
5:20 pm
Micheál Martin (Cork South Central, Fianna Fail)
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There is a survey in today's newspapers showing that 666,000 subscribers could drop their health insurance in the event of there being an increase in premiums of between 1% and 10%. The Health Insurance Authority has confirmed that for the first time in a decade, the number with health insurance will drop below 2 million. Government policies have been responsible for a lot of that but, strikingly, 45% of those who have dropped their health policy are aged between 18 and 32. When will the health insurance (amendment) Bill be introduced and will the Government make any interventions to prevent this haemorrhaging?
Enda Kenny (Mayo, Fine Gael)
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It will be this session.
Micheál Martin (Cork South Central, Fianna Fail)
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The story of Ms Maíria Cahill is one that has generated enormous interest on the island, created a lot of anger and touched many. We have held strong and comprehensive debates in this House on the issue of sex abuse perpetrated by institutions, such as the Catholic Church and others. There was the Ferns inquiry and the Cloyne diocese and Dublin archdiocese reports, and these were discussed in the House, even though in some instances the abuse was carried out informally and not under State control. The Oireachtas rightly found it necessary to debate these issues, and strong statements were made about how the institutions in question protected the perpetrators and denied justice to the victims.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Where are we going with this?
Micheál Martin (Cork South Central, Fianna Fail)
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In my view, the issue of Ms Maíria Cahill is similar and merits a debate in the House. Will the Government make time available over the next week or so to facilitate such a debate?
On the criminal law (sexual offences) Bill, politicians in Northern Ireland have approved sex buyer laws, that is, laws to deal with those who purchase sex and thereby facilitate the trafficking. We need to make a swift response to that. The former Minister for Justice and Equality, Deputy Shatter, indicated he would introduce legislation-----
Mattie McGrath (Tipperary South, Independent)
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Tá sé imithe.
Micheál Martin (Cork South Central, Fianna Fail)
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-----in essence, to deal with the trafficking into the country of women who are exploited in brothels and by pimps. The stories have been horrendous. Ruhama, along with the Irish Congress of Trade Unions and the Irish Nurses and Midwives Organisation, has led the charge on this issue, and survivors of prostitution continue to make the case for a sex buyer law in this country.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot debate the matter now.
Micheál Martin (Cork South Central, Fianna Fail)
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Can the Taoiseach confirm when that legislation will be introduced into the House because it has been promised by the Government?
Enda Kenny (Mayo, Fine Gael)
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The criminal justice (sexual offences) Bill is due for this session. The health insurance (amendment) Bill is also due in this session.
I note Deputy Martin's comments in respect of Ms Maíria Cahill. I expect to meet Ms Cahill tomorrow and look forward to that. This is a quite horrific case and, given her comments, it is clearly of personal and general interest. I would prefer to wait until I speak to her to hear what she has to say or what questions she needs answered. It might be appropriate if the Oireachtas Joint Committee on Justice, Defence and Equality were to consider inviting to attend at the committee those who might have something to say that might be relevant in this matter, and I will communicate that with the Chairman, Deputy Stanton.
Gerry Adams (Louth, Sinn Fein)
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Can I make it clear that I have no objections, nor should anyone, to the Oireachtas looking at any allegations of abuse of any kind, especially child abuse? The Fianna Fáil leader and the Taoiseach have made grievous accusations against me that I reject utterly. Neither the Taoiseach nor the leader of Fianna Fáil, who is sitting within feet of me, have ever come to me and asked for my version of these events.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot debate the issue now.
Gerry Adams (Louth, Sinn Fein)
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I want to make it clear that there has been no cover-up, by me or by Sinn Féin, on this matter. The questions I want to raise-----
Micheál Martin (Cork South Central, Fianna Fail)
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I do not accept that. I think there has been a cover-up.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin should resume his seat.
Micheál Martin (Cork South Central, Fianna Fail)
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I make that charge here on the floor of the House.
Gerry Adams (Louth, Sinn Fein)
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I know Deputy Martin does.
Micheál Martin (Cork South Central, Fianna Fail)
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I will not take any more of that stuff from Deputy Adams.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin should settle down. Would Deputy Adams put his point on the Order of Business?
Gerry Adams (Louth, Sinn Fein)
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Deputy Martin is playing politics with a deeply serious issue and he does not have the gumption to put it to me what my version of these matters is. It is disgraceful.
Simon Harris (Wicklow, Fine Gael)
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Deputy Adams is not the victim.
Gerry Adams (Louth, Sinn Fein)
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Tá ceist agam maidir leis an mBille um limistéar mara agus imeall trá atá ar an chlár reachtaíochta. Tá fios ag an Taoiseach go bhfuil feamainn an-tábhachtach do daoine atá ag maireachtáil cois farraige agus do mhuintir na Gaeltachta fosta. The Taoiseach will be aware that the maritime area and foreshore Bill was published a year ago. Since then, there has been the usual considerable delay and, I suspect, prevarication on the part of the Government in bringing this forward to the Dáil. This is delayed legislation. Many are dependant on this for income. Seaweed cutting is a traditional activity around the coastline, especially in Gaeltact areas. Can he give a date for the publication of this Bill and ensure the harvesters are protected during that process? I am told there has been a larger number of applications than usual made because those involved are unsure of their legal status in harvesting this traditional crop.
On the family leave Bill, Ireland is the only EU state with no period of well-paid leave on the introduction of a new child to a family. There is no paternity leave whatsoever in this country. There are limited work-life balance policies and the State compares poorly with the rest of the European Union on maternity leave. The policy assumes women are still primarily responsible for the care of young children. Can the Taoiseach provide an update on the progress of the family leave Bill, which was to have been published this autumn but which, I understand, is scheduled for early 2015?
Enda Kenny (Mayo, Fine Gael)
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Parental leave has already been dealt with by regulation. The family leave Bill is due for publication early next year.
In respect of the maritime area and foreshore (amendment) Bill, was the Bill of last year to which Deputy Adams referred a Private Members' Bill because I understand this Bill is on the A list for this session and is being drafted internally within the Department of Agriculture, Food and the Marine to deal with the issues the Deputy raised? I am not sure what Bill the Deputy talks about as being published 12 months ago.
Gerry Adams (Louth, Sinn Fein)
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I refer to the maritime area and foreshore (amendment) Bill. There is no date for publication that I can find. The general scheme was published a year ago.
Enda Kenny (Mayo, Fine Gael)
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It is on the A list for this session, under Environment, Community and Local Government.
Gerry Adams (Louth, Sinn Fein)
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Gabhaim buíochas leis an Taoiseach.
Enda Kenny (Mayo, Fine Gael)
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In regard to the other matter Deputy Adams mentioned, I have not met Ms Maíria Cahill but I intend to meet her tomorrow. The false assumption of a war being waged does not justify shootings, disappearances or kangaroo courts.
Gerry Adams (Louth, Sinn Fein)
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The Taoiseach might know I said that.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is not really in order on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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Were I standing in this position where I had to sit in the knowledge that somebody, a member of my party, had raped a woman, and were I to attend and speak to that person or in the knowledge that that person had had her abuser or rapist brought before her, I would not last five minutes in this position.
Gerry Adams (Louth, Sinn Fein)
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Neither should the Taoiseach. What is the point he is making?
Enda Kenny (Mayo, Fine Gael)
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Deputy Adams attended and spoke to this young woman-----
Gerry Adams (Louth, Sinn Fein)
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Without that knowledge.
Enda Kenny (Mayo, Fine Gael)
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-----and she stated they were not speaking about the weather.
Gerry Adams (Louth, Sinn Fein)
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Without that knowledge. I was asked-----
5:30 pm
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, but we are not having a debate on this topic. This is too serious a matter.
Enda Kenny (Mayo, Fine Gael)
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It is not for debate now, but I only make the point-----
Gerry Adams (Louth, Sinn Fein)
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These representatives are politicising the issue. I am very conscious that victims of abuse are watching the proceedings.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Adams should please resume his seat. I thank him.
Simon Harris (Wicklow, Fine Gael)
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Deputy Adams should listen to the question, which is whether he believes Maíria Cahill or not.
Enda Kenny (Mayo, Fine Gael)
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I answered Deputy Martin's question. This is not the time to get into a debate on the issue.
Gerry Adams (Louth, Sinn Fein)
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The Taoiseach asked for more than that.
Enda Kenny (Mayo, Fine Gael)
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I merely make the point that one cannot have blind allegiance from one's deputy leader when she says she believes Deputy Adams fully and completely and can give a categoric guarantee that there is no cover-up anywhere within the Sinn Féin Party about this, or within the IRA. We understand others might well come forward. I do not know. I look forward to speaking to Maíria Cahill tomorrow.
Gerry Adams (Louth, Sinn Fein)
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I wish to state again; there is no cover-up by Sinn Féin. Second, the Taoiseach cannot make the type of assertion he made.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Adams should please respect the Chair.
Gerry Adams (Louth, Sinn Fein)
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Once again, the Taoiseach has not asked me for my version of events.
Simon Harris (Wicklow, Fine Gael)
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The victim is making the assertion.
Gerry Adams (Louth, Sinn Fein)
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The Taoiseach is making assertions.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Adams should please not interrupt.
Gerry Adams (Louth, Sinn Fein)
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He is playing politics.
Paul Kehoe (Wexford, Fine Gael)
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Deputy Adams should listen to her.
Gerry Adams (Louth, Sinn Fein)
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I did. Deputy Kehoe does not know what he is talking about.
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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We have in excess of 40,000 people in the country living with dementia. I understand from the Minister of State, Deputy Kathleen Lynch, that the number will more than treble between now and 2041 when we can expect to have 132,000 people living with that particular condition. In April 2013 the Government appointed an advisory group to work on a national dementia strategy. How far has the initiative progressed, and when can we expect publication of the national dementia strategy, which is of vital importance?
A commitment was made in the programme for Government to address the plight of the 32 survivors of thalidomide. I raised the matter with the Taoiseach on several occasions in the House. Unfortunately, the previous Minister for Health failed to effect the commitments made in the programme for Government. Has the Minister for Health engaged with the survivors of thalidomide, and is he in a position to bring about a resolution?
Enda Kenny (Mayo, Fine Gael)
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In respect to the second question, I understand the previous Minister did meet with the group but there have been different views within the group as to the best approach to take. I cannot say whether the Minister for Health, Deputy Varadkar, has met with the victims of thalidomide but I will find out.
The programme for Government contained a commitment to review the Mental Health Act 2001. An expert group was set up in 2012 to examine the matter. A final meeting of the group took place on 16 September and a report is being prepared for the Minister, who should have it shortly. I expect the Minister of State, Deputy Kathleen Lynch, will receive the report and decide how best to proceed from there.
Deputy Ó Fearghaíl indicated the scenario he outlined will become a more prevalent reality in the next 20 years and the State should make arrangements to deal with the matter. I made a presentation to the people who deal with end-of-life preparations, which is a very sensitive issue. Unfortunately, it is necessary to examine the situation when people cross the boundary and are not in a position to make decisions for themselves about their future or their assets. The issue raised by the Deputy is part of the general debate and it must be examined.
Michael Healy-Rae (Kerry South, Independent)
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When will the primary legislation be introduced to allow for the introduction of medical cards for children under the age of six? I am not exactly looking for it but I would like to know the timeframe.
Enda Kenny (Mayo, Fine Gael)
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The Bill was enacted in July. The Minister is proceeding to ensure the legislation is implemented. I will provide an update to the Deputy on the progress that has been made.
Mattie McGrath (Tipperary South, Independent)
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In view of the severe anguish faced by the Irish Road Haulage Association and the lack of action in the budget, when will the road transport Bill be introduced to replace the transport Acts with modern, updated legislation to support this vital industry on which we depend so much for exports?
Enda Kenny (Mayo, Fine Gael)
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Haulage is a vital industry and a number of Departments are involved. The Minister for Transport, Tourism and Sport spoke about the matter yesterday. The Government introduced a VAT rebate for diesel fuel for hauliers, who are an important element of the economy. I hope the group can continue to work with the hauliers in the interests of coming to a conclusion.
Mattie McGrath (Tipperary South, Independent)
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What about road tax?
Enda Kenny (Mayo, Fine Gael)
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The Bill is not due until next year.
Bernard Durkan (Kildare North, Fine Gael)
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There is promised legislation to provide for the establishment of technological universities to amend the previous Acts. Have the heads of the technological universities Bill been cleared by Cabinet and when is it likely to come before the House? Is it likely to be passed into law in this session?
Similarly, a climate action and low carbon development Bill has been promised. When is it due to come before the House and has it been fully cleared by Cabinet?
Enda Kenny (Mayo, Fine Gael)
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The latter Bill is due this session. The universities Bill was cleared by Government, the heads are being worked upon, and the Bill is due for publication early next year.
Séamus Kirk (Louth, Fianna Fail)
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Is the Taoiseach aware of the serious difficulties that have arisen across the country with cattle being stolen and cattle rustling taking place in Border counties in particular, both North and South? Has the Minister for Agriculture, Food and the Marine considered the establishment of a task force embracing An Garda Síochána, the PSNI and the officials in the Department of Agriculture, Food and the Marine and their counterparts in the North?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Things have not changed on the Order of Business since Deputy Kirk was Ceann Comhairle.
Micheál Martin (Cork South Central, Fianna Fail)
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Deputy Kirk was a very liberal Ceann Comhairle.
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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It is a very important issue.
Enda Kenny (Mayo, Fine Gael)
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The issue is of considerable interest to the police authorities and to farming organisations, and is being examined. For whatever reason a ram from Northern Ireland arrived in my office with his tag intact. I am not sure how he got there.
Pearse Doherty (Donegal South West, Sinn Fein)
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Tá dhá cheist agam ar reachtaíocht atá fógraithe agus ar reachtaíocht atá imithe tríd na Dála. I was surprised last week when I was charged for a freedom of information inquiry given that the order has not been signed. Given that the Freedom of Information (Amendment) Bill has passed through the Houses and has been signed into law by the President, could the Taoiseach confirm that the order on fees has been signed?
The second issue is one I raised previously with the then Tánaiste, Deputy Gilmore. The Tribunals of Inquiry Bill 2005 appears in the legislative programme under section D. It is listed for Report Stage which means it has gone through publication, First Stage, Second Stage and Committee Stage, and it is awaiting Report Stage. It has been cited in replies I have received to parliamentary questions on the implementation of the findings of the Moriarty tribunal. Two general elections have taken place and the Bill has been put back on the schedule since then. Is Report Stage of the Bill due within the lifetime of the Government or is the Bill now null and void? The Bill continues to appear on the legislative programme. Is there a need for the Bill to remain on the schedule given that it is dated 2005? It is nine years since the Bill was published.
Enda Kenny (Mayo, Fine Gael)
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I will revert to Deputy Doherty as I cannot answer his specific question now. The Bill dates to 2005 and has been around for a long time. In respect of the question on FOI, the order was signed last week by the President, Uachtarán na hÉireann, and is now law. It may well be that an implementation period is required. I will check the situation for the Deputy.