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Health Bill 2008: Second Stage (Resumed) (11 Dec 2008)

John O'Donoghue: Yes. The Minister of State, Deputy Hoctor, is here.

Health Bill 2008: Second Stage (Resumed) (11 Dec 2008)

John O'Donoghue: The Deputy's time has expired.

Health Bill 2008: Second Stage (Resumed) (11 Dec 2008)

John O'Donoghue: The Deputy is well over his time.

Health Bill 2008: Second Stage (Resumed) (11 Dec 2008)

John O'Donoghue: We will have to call it a night.

Health Bill 2008: Second Stage (Resumed) (11 Dec 2008)

John O'Donoghue: I declare the Bill read a Second Time in accordance with Standing Order 121(2)(i).

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: I understand Deputy Jan O'Sullivan was offering when the House adjourned.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: I thank Deputy Reilly, Deputy Shatter and Deputy Jan O'Sullivan, who were reflecting the views of Deputy Barrett and other Members of the Opposition, for calling to my office to discuss this situation. The difficulty is that amendments Nos. 1a, 1b, 6a and 6b in the name of Deputy James Reilly have been ruled out of order on the basis that they are declaratory in nature. The amendments seek...

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: I have no wish and I am sure Members do not wish to engage in a long debate on this issue. President Jefferson once disagreed with a judgment of the great American jurist, John Marshall. In trying to explain the difference between the Executive and Judiciary, the president stated, "John Marshall has given his judgment; now let him now enforce it". In the same way, while Deputies may or may...

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: The principle is established on Second Stage.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: The principle of Second Stage of this Bill, as passed, one which has been accepted by my office, is that the legislation amends the position whereby there was universal availability of medical cards for those aged 70 years and over. The reason the amendments are being disallowed is that they essentially seek to restore the status quo and the principle, if one likes, of universality. That is...

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: I am bound by the order of the Dáil of this day to proceed with the legislation.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: It is not a precedent. I am obliged in accordance with an order of the——

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: I have no difficulty with the issue being discussed at a meeting of the Committee on Procedure and Privileges or by way of substantive motion. If Members feel aggrieved by a given decision, there is provision to table a substantive motion. I remind the House, however, that the Committee on Procedure and Privileges has never constituted an appellate body.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: The Committee on Procedure and Privileges is not an appellate body and was never intended to be so. There is no difficulty in Deputy Shatter, or any other Member, rasing the matter at the committee through his or her party representative.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: All I can do is refer Deputy Barrett to Standing Order 121. It is a long-standing Standing Order of the House that the principle is established on Second Stage. That has been the position long before I arrived in the Chair.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: That is where we stand.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: We will move on with section 3. Everyone has made their point. Deputy O'Sullivan was in possession in opposing section 3.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: Amendments Nos. 4 and 5 are related and will be discussed together.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: Amendments Nos. 5m and 5n are related and may be discussed together by agreement.

Health Bill 2008: Committee Stage (11 Dec 2008)

John O'Donoghue: As 6.30 p.m. has come and gone, I am now required to put the following question in accordance with an order of the Dáil of this day: "That the amendments set down by the Minister for Health and Children for Committee Stage and not disposed of are hereby made to the Bill, in respect of each of the sections undisposed of that the section or, as appropriate, the section, as amended, is hereby...

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