Dáil Éireann debate -
Thursday, 20 Feb 2003

Vol. 561 No. 6

Order of Business.

The Tánaiste:

The Order of Business today shall be as follows: No. 16, motion re State Examinations Commission (Establishment) Order 2003, back from committee; No. 7, Finance Bill 2003 – Second Stage (resumed); No. 16a, Finance Bill 2003 – referral to and allocation of time motion for select committee; No. 16b, Finance Bill 2003 – financial resolutions; No. 26, Criminal Justice (Temporary Release of Prisoners) Bill 2001 – Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that No. 16 shall be decided without debate; the proceedings on the resumed Second Stage of No. 7 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m., and Nos. 16a and 16b shall be taken immediately thereafter and shall be decided without debate, and in the case of No. 16b, financial resolutions Nos. 1 to 57 shall be moved together and decided by one question which shall be put from the Chair.

An Ceann Comhairle:

There are two proposals to be put to the House. Is the proposal for dealing with item No. 16 without debate agreed to?

Mr. Kenny:

This is one of a number of motions that have come before the House recently in which matters are referred from the Dáil to a committee. I understand there is a problem with the secretariat of the committees in that it is not possible for Members to obtain a report of what happened at a committee. If a Member from any side of the House wants to find out what is discussed at the committee concerned with the State Examinations Commission, he or she must attend the committee. There does not appear to be any system whereby a report can be made available to Members in the Library or anywhere else. It is ridiculous that the House should send a matter to a committee for discussion only for the Members to have difficulties in obtaining a report of the proceedings. This should be investigated.

Mr. Rabbitte:

Deputy Kenny has made a reasonable point, which I would like to hear the Tánaiste address. I hope the Tánaiste can give the House an assurance that under no circumstances this year will amendments to the Finance Bill be distributed after the commencement of Committee Stage.

An Ceann Comhairle:

That might be more appropriate to the second proposal.

Mr. Rabbitte:

I will raise it then.

An Ceann Comhairle:

The Chair will look into the matter raised by Deputy Kenny. I understand that the reports are prepared, but I will look into it and report back to the House.

Mr. Kenny:

I thank the Ceann Comhairle.

Mr. Stanton:

On that motion, one of the issues that arose at the committee was the accountability—

An Ceann Comhairle:

We cannot have a dis cussion on it. Only one Member from the Deputy's party is entitled to speak on a proposal before the House.

Mr. Stanton:

It is a matter of accountability to the House.

An Ceann Comhairle:

The Deputy will have to find another way of raising it.

Mr. Stanton:

On a point of order, can the Ceann Comhairle advise me on how to raise this matter?

An Ceann Comhairle:

The Deputy should do so through his party's Whip or by communicating directly with the office of the Ceann Comhairle.

Mr. Stanton:

On a point of order, does the Ceann Comhairle not agree that the system is farcical?

An Ceann Comhairle:

That is not a point of order.

Mr. Rabbitte:

It has become the practice in recent years to distribute complex amendments to the Finance Bill either on the eve of Committee Stage, on Committee Stage or, sometimes, on Report Stage. It is unacceptable that Members should be put in the position of not being able to take advice on complex amendments when they are not distributed in advance of Committee Stage. In the interests of good processing of legislation, will the Tánaiste give the House an undertaking, with regard to Government amendments, that the same rule that applies to this side of the House will apply to the Government?

The Tánaiste:

Deputy Rabbitte makes a valid point in relation to Committee Stage and I will discuss it with the Minister for Finance. Report Stage amendments result from the discussion on Committee Stage, so that is a different matter. However, I will communicate the Deputy's concerns to the Minister for Finance and perhaps he will revert to the Deputy.

Mr. Rabbitte:

I accept the Tánaiste's comments regarding Report Stage amendments that arise as a result of Committee Stage proceedings, but I am referring to new amendments. That should not happen. The Tánaiste has undertaken to communicate our concerns to the Minister for Finance, but I am seeking an assurance that this year – given there are no time constraints other than those relating to the normal scheduling of the Bill – amendments to the Finance Bill will be published in advance of Committee Stage.

The Tánaiste:

I will endeavour to make that happen, but I cannot give a firm commitment until I speak to the Minister for Finance.

Mr. Rabbitte:

The Tánaiste can normally speak for the Minister for Finance.

The Tánaiste:

I will speak with him. I was talking to him this morning, but it was about a different matter. If I had been aware of the Deputy's concerns, I might have been able to raise them.

An Ceann Comhairle:

Is the proposal for dealing with the Finance Bill agreed? Agreed.

Mr. Kenny:

Is it proposed to bring forward legislation in respect of the issue Deputy Naughten raised, namely, the legal loophole determined by the Supreme Court with regard to the use of the intoxiliser machine? Nine thousand of the 20,000 cases come under that system. It was found that there is no legal basis for the detention of persons for 20 minutes in a Garda station. Has the Government examined this decision yet? Is it examining it today? Will it be necessary to bring forward amending legislation?

The Tánaiste:

If legislation is required, it will be brought forward as a matter of urgency. The Government has not yet received a copy of the judgment. It will be studied as soon as it is to hand. The indications are that this judgment relates to one case only. If it was to have implications for other cases, however, it would be necessary to amend the legislation. That would be done as a matter of urgency.

Mr. Kenny:

There are 9,000 cases involved. What is their legal position?

The Tánaiste:

I understand the court dealt with this case only.

Mr. Kenny:

What is the legal position with regard to those 9,000 cases?

An Ceann Comhairle:

We cannot debate the content of what might come before the House. I call Deputy Rabbitte.

Mr. Kenny:

Has the Government considered the other 9,000 cases?

The Tánaiste:

If the 9,000 cases are affected by yesterday's decision – we understand it only affects the particular case before the court – the Government would want to bring forward amending legislation as a matter of urgency.

Mr. Kenny:

I assume the Minister for Justice, Equality and Law Reform will report to the House.

Mr. J. O'Keeffe:

It would be possible to arrange to cut out the apparently unnecessary 20 minutes unlawful detention if that guideline was withdrawn.

An Ceann Comhairle:

Deputy O'Keeffe should allow Deputy Rabbitte to make his point.

Mr. J. O'Keeffe:

I am seeking to be helpful, as a courtesy to the Tánaiste.

Mr. Rabbitte:

When is it intended to bring forward the judicial conduct and ethics Bill, having regard to recent remarks by at least one member of the Judiciary?

The Tánaiste:

That Bill will be published early next year.

Mr. M. Higgins:

It must be a great task.

Mr. Sargent:

With regard to the air navigation Eurocontrol Bill, will it provide, as ought to be the case, that the Irish Aviation Authority should require payment of overflight fees by US military aircraft? This is costing the taxpayer millions.

An Ceann Comhairle:

We cannot discuss the content of the legislation.

Mr. Sargent:

Will the Bill deal with that?

An Ceann Comhairle:

The Deputy knows he is out of order. We cannot discuss the content of legislation.

The Tánaiste:

The Bill will be published later this year.

Mr. Kenny:

The Government has approved the heads of a Bill under which committees of inquiry will be established to deal with matters of urgent and sensitive importance. It was to be brought before the Cabinet last week by the Minister for Justice, Equality and Law Reform. When will the legislation be published?

The Tánaiste:

The heads of that Bill were cleared by the Cabinet this week. It is intended to have the legislation ready later this year.

Ms McManus:

Is the Tánaiste aware of people's growing and widespread anxiety that they will lose local hospital services—

An Ceann Comhairle:

Has the Deputy a question on legislation?

Ms McManus:

—and that there are a number of reports being leaked to the media in relation to the medical manpower issue and the Brennan commission?

An Ceann Comhairle:

The Deputy knows it is not in order to make a statement on the Order of Business.

Ms McManus:

I am not making a statement, I am asking the Tánaiste if she is aware of the seriousness and gravity of the situation.

An Ceann Comhairle:

The Deputy should submit a question to the Minister for Health and Children. I call Deputy Ó Caoláin.

Ms McManus:

We have a promise from the Taoiseach about legislative change.

An Ceann Comhairle:

To what legislation is the Deputy referring?

Ms McManus:

He has promised a new health Bill.

Mr. Howlin:

What is the status of the medical manpower review?

Mr. Martin:

There is no report yet.

Ms McManus:

Can these reports be published? They are threatening to close maternity units in Wexford, Kilkenny, Clonmel, Portlaoise, Mullingar and Ballinasloe

An Ceann Comhairle:

The Deputy is out of order. I ask her to resume her seat.

Ms McManus:

We need to have information that this Parliament does not provide. The Tánaiste needs to reply on promised legislation.

An Ceann Comhairle:

To what legislation is the Deputy referring? Is legislation promised?

The Tánaiste:

No.

An Ceann Comhairle:

No legislation is promised. I call Deputy Ó Caoláin.

Mr. Howlin:

There should be clarity in the House.

(Interruptions).

An Ceann Comhairle:

Deputy McManus is out of order. I ask her to resume her seat.

Mr. Howlin:

We will make ourselves irrelevant.

Ms McManus:

Legislation is promised.

An Ceann Comhairle:

I ask the Deputy to resume her seat when the Chair is on its feet. I have a list of Members who wish to contribute and if I was to allow them to discuss every issue they wished, we would be voting on the Finance Bill without any further debate at 3.30 p.m. Standing Order 26 is specific and I ask Deputies to read it and abide by it. If they do not like the Standing Order, they know how to change it. The Chair will be pleased to implement the new Standing Order. I ask the Deputy to resume her seat or I will have to ask her to leave the House. I call Deputy Ó Caoláin.

Ms McManus:

There is legislation promised.

An Ceann Comhairle:

To what legislation is the Deputy referring?

Ms McManus:

The new health Bill.

An Ceann Comhairle:

That was raised yesterday by Deputy Sherlock.

Ms McManus:

We have a situation where we cannot do our job.

An Ceann Comhairle:

The Tánaiste has informed the House that there is no promised legislation.

Mr. Howlin:

What is the status of the report?

An Ceann Comhairle:

The Deputy will have to find another way of raising the matter.

Ms McManus:

We need information to ensure we carry out our jobs properly. These reports are not published and they have huge implications for the hospital service.

An Ceann Comhairle:

I ask the Deputy to resume her seat.

Ms McManus:

The media can have these reports but parliamentarians cannot.

An Ceann Comhairle:

Does the Deputy wish to leave the House? I call Deputy Ó Caoláin.

Mr. Howlin:

On a point of order.

An Ceann Comhairle:

I will hear the point of order after hearing from Deputy Ó Caoláin.

Mr. Stagg:

A point of order should be taken when it is raised.

(Interruptions).

An Ceann Comhairle:

The Chair is not obliged to take a point of order when another Deputy is on his or her feet.

(Interruptions).

Mr. Howlin:

Is it in order to ask the Tánaiste to give a clear indication of the Government's position in relation to national policy?

An Ceann Comhairle:

No, it is not in accordance—

Mr. Howlin:

Even when that policy requires legislation?

An Ceann Comhairle:

The Deputy can submit a parliamentary question if he wishes. I call Deputy Ó Caoláin.

Mr. Stanton:

We need Dáil reform.

Mr. Howlin:

Hospitals are to be closed down and we do not know about it.

Mr. Martin:

No hospitals are to be closed down.

Mr. Connaughton:

What about Ballinasloe?

Mr. Howlin:

The Minister for Health and Chil dren should come out and say that hospitals will not be closed.

An Ceann Comhairle:

Deputy Howlin is disrupting the business of the House. I call Deputy Ó Caoláin.

Caoimhghín Ó Caoláin:

The Tánaiste indicated that the publication of the judicial conduct and ethics Bill was expected in 2004. Is there any prospect of the Tánaiste and her colleagues using their influence to bring this legislation forward in light of recent comments which clearly underscore its need? Can the building control Bill be brought forward, as there was another tragic death in the construction industry this week?

The Tánaiste:

The health and safety legislation, which proposes to increase fines and penalties for breach of the law, will be published in April. The current law needs to be enforced and additional resources are being put in place to that end. I am sure the Minister for Justice, Equality and Law Reform will bring forward the judicial ethics Bill as quickly as possibly.

Caoimhghín Ó Caoláin:

What is the situation with the building control Bill?

The Tánaiste:

I think the Deputy is referring to the Health and Safety Bill, but the building control Bill will be published in the middle of this year.

Mr. J. Higgins:

I wish to ask the Tánaiste a question on this legislation. It is not the same one Deputy Ó Caoláin has asked.

An Ceann Comhairle:

As long as it is within Standing Orders, the Deputy is welcome to ask a question.

Mr. J. Higgins:

Another young man died tragically yesterday on a building site in Wicklow—

An Ceann Comhairle:

Has the Deputy a question on legislation?

Mr. J. Higgins:

I have. While remembering his grieving family and friends, it is only two weeks since thousands of building workers marched—

An Ceann Comhairle:

We will have to move on.

Mr. J. Higgins:

When will the amending legislation, which will hold contractors responsible for workers' deaths and provide for a crime of corporate manslaughter, be brought forward?

An Ceann Comhairle:

the Tánaiste has already answered that question. I call Deputy Hogan.

Mr. J. Higgins:

Has the Tánaiste a specific date?

The Tánaiste:

April.

Mr. Hogan:

In view of the fact that the Tánaiste is in a new found state of homelessness, when will the Housing (Private Rented Sector) Bill be introduced?

The Tánaiste:

I am delighted the Deputy is so concerned for me. I do not think this Bill applies to me but it will be introduced this session.

Mr. Hogan:

I am glad the Tánaiste got a better price than the guide.

Mr. M. Higgins:

At least she will have security of tenure.

Mr. Hogan:

Perhaps she will now buy a house in her own constituency.

Mr. Crawford:

In light of some of the alarming decisions made by some justices, merely asking for money to be paid into poor boxes and so on, when will No. 105 be brought forward – the provision for a DPP appeal against unduly lenient sentences in serious cases before the District Court? When will the legislation to reform the law on personal injuries be brought forward?

An Ceann Comhairle:

That question was asked by Deputy Hogan this week and answered.

The Tánaiste:

On the first matter the Deputy raised, the answer is 2004.

Mr. Stagg:

Given that the cost of building the extension to Naas Hospital has doubled from €50 million to €100 million and that there are 32 beds idle in the hospital, with the accident and emergency department jammed to the doors, will the Tánaiste seek to bring forward from 2004 the publication date of the health complaints Bill which will provide a mechanism for people to complain about waste of public money and inadequate use of it?

An Ceann Comhairle:

That question was dealt with yesterday.

Mr. Stagg:

I do not care whether it was raised yesterday. I am raising it today, as I am entitled to do so.

The Tánaiste:

That Bill will be introduced in 2004.

Mr. Stagg:

I am asking that the Bill be brought forward from that late publication date.

The Tánaiste:

That is unlikely as the heads have not yet been agreed.

Mr. Cuffe:

The remarks of certain justices regarding a person's nationality or colour—

An Ceann Comhairle:

Sorry, Deputy, the Judiciary is totally independent of the House.

Mr. Cuffe:

When will item No. 36, the Defamation Bill, provide for cases to be taken against judges regarding the way they deal with people on the basis of their nationality or the colour of their skin?

An Ceann Comhairle:

The Deputy cannot discuss the content of the Bill.

The Tánaiste:

That legislation will be presented later this year.

Mr. Connaughton:

When will the Government announce the decentralisation of Departments? I asked the Tánaiste this question a fortnight ago and I thought I would hardly be out of the House before a Department was located in Ballinasloe.

An Ceann Comhairle:

That is not an appropriate question for the Order of Business. It should be addressed to the Minister for Finance. I call Deputy Lynch.

Mr. Connaughton:

When will the Government make that decision or is there holy hell in the kitchen over it?

An Ceann Comhairle:

I suggest the Deputy submits a question to the Minister for Finance. I call Deputy Lynch.

Ms Lynch:

Based on figures published yesterday that more than 400 people suffering from autism and mental disability are still placed in inappropriate places in mental institutions-—

An Ceann Comhairle:

Has the Deputy a question on legislation?

Ms Lynch:

Yes, the Health and Social Care Professionals Bill—

An Ceann Comhairle:

That was dealt with yesterday in response to Deputy Moynihan-Cronin.

Ms Lynch:

I did not have the information that I have today so I ask the Tánaiste—

An Ceann Comhairle:

When will the legislation come before the House, Tánaiste?

The Tánaiste:

The answer is the same, the middle of this year.

Mr. Durkan:

What progress has there been on the control of road works Bill, which will provide for control over the ever-increasing number of excavations that are taking place. Traffic lights seem to remain in place day and night when there is nobody around. Perhaps there should be some urgency about this.

The Tánaiste:

It will be introduced next year, 2004.

Ms B. Moynihan-Cronin:

Will the Tánaiste reassure those with a disability and those who care for them that a special effort will be made to get a disability Bill into this House as soon as possible?

An Ceann Comhairle:

The disability Bill was dealt with yesterday in answer to a question from Deputy Boyle.

Ms B. Moynihan-Cronin:

I am entitled to ask the question.

An Ceann Comhairle:

Nobody is suggesting the Deputy cannot do so.

The Tánaiste:

The intention is to have the Bill in the House as soon as possible this year.

Ms B. Moynihan-Cronin:

Will the Tánaiste be more specific?

The Tánaiste:

I cannot be any more specific than that.

Mr. Naughten:

Does the Tánaiste agree with Deputy Conor Lenihan's comments that the Minister for the Environment and Local Government is kicking local government reform into touch?

An Ceann Comhairle:

The Deputy must ask a question on legislation.

Mr. Naughten:

In light of that, will we see a postponement of the Local Government Bill and when will we see the local government rates Bill?

Mr. Cullen:

I hope the Deputy will support the Bill.

The Tánaiste:

I occasionally agree with Deputy Conor Lenihan and often disagree with him. The Bill will be published tomorrow.

An Ceann Comhairle:

What is the position on the rates Bill?

The Tánaiste:

It will be ready later this year.

Mr. Kenny:

There is now growing confusion about the process of amending the Freedom of Information Act. When is this legislation likely to be published, which Minister is sponsoring the Bill and which Departments and external agencies have been consulted about changes therein?

An Ceann Comhairle:

The Deputy's first question concerning when the Bill will be published is in order.

The Tánaiste:

It will be published this session and the Minister responsible is the Minister for Finance.

Mr. Rabbitte:

What is the latest status of the Abbotstown Bertie-bowl Bill?

An Ceann Comhairle:

That matter was raised yesterday by Deputy Sargent.

Mr. Howlin:

We did not hear a response to it from the Tánaiste yesterday.

The Tánaiste:

I understand work on the Bill is still under way. It has not come to Cabinet yet.

Mr. Rabbitte:

That is more than one can say about the site.

Mr. Stagg:

We got the same answer yesterday.

Mr. M. Higgins:

Last week the Taoiseach gave an undertaking that he would communicate with me in relation to the Government's compliance with the Ottawa Convention. The legislation was published in 1993 and the statutory instrument in 1996. The Taoiseach undertook to communicate with me as to whether legislation was necessary to ensure Irish compliance with the convention. I am referring to the land mines Bill. The issue is that all states should remove from themselves the right to give assent to the transport of land mines across their territory – the production, use, sale or transport of land mines. I asked whether the statutory instrument was sufficient and the Taoiseach undertook to communicate with me. My question is simply whether I will be hearing from him before more land mines have been delivered to the Middle East across our airspace.

The Tánaiste:

The Taoiseach gave the Deputy an undertaking and I am sure it will be fulfilled as quickly as possible.

Mr. M. Higgins:

Is the Tánaiste sure about that?

The Tánaiste:

The Taoiseach is a busy person. I will remind him of the commitment he gave the Deputy and I am sure he will correspond with him.

Mr. Ring:

I know I offended the Ceann Comhairle yesterday, but, perhaps, he would look over this side of the House. I have had my hand raised for so long that it is about to fall off.

An Ceann Comhairle:

I will get to the Deputy in good time.

Mr. Durkan:

I want to inquire regarding the progress on the taxi regulation Bill. The Minister responsible is not in the House; I hope he will not start to regulate the taxis himself.

The Tánaiste:

It is intended to publish that Bill this year.

Ms O'Sullivan:

Yesterday in court a five year old autistic boy from Meath and an 11 year old autistic boy from Cork won a case whereby they were granted their educational rights. The judge said it was a matter of regret that they had to go to court to get their rights.

An Ceann Comhairle:

Has the Deputy a question on legislation?

Ms O'Sullivan:

The education for persons with disabilities Bill was promised for last term—

An Ceann Comhairle:

Is the education for persons with disabilities Bill promised legislation?

Ms O'Sullivan:

—it was then promised for this term and last week the Taoiseach said that hopefully it will be introduced in this term.

An Ceann Comhairle:

The Deputy might allow the Tánaiste to answer her question.

Ms O'Sullivan:

How much longer will children have to go to court to get their educational rights?

An Ceann Comhairle:

I ask the Deputy to allow the Tánaiste to answer her question.

Mr. Stagg:

On a point of order, when a Member mentions a Bill, the Ceann Comhairle assumes he knows the question.

An Ceann Comhairle:

I do not.

Mr. Stagg:

He does, because he cuts off people by interrupting them. When a person mentions a Bill, the Ceann Comhairle immediately asks the Minister responding or the Taoiseach to read out the report that we have in our possession—

An Ceann Comhairle:

I will not have my rulings challenged in the House.

Mr. Stagg:

—but that is not the purpose of the question.

An Ceann Comhairle:

I have already pointed out to the Deputy, who is his party's Whip, that if he wants to change the Standing Order—

Mr. Stagg:

The Ceann Comhairle's interruption prevents a person from asking a question.

An Ceann Comhairle:

—the Chair will be very pleased to implement a new Standing Order in relation to the Order of Business.

Mr. Stagg:

There would be no requirement for a new Standing Order if the Ceann Comhairle would stop interrupting people before they ask questions. He assumes he knows what the question will be.

An Ceann Comhairle:

I interrupt people who make a Second Stage speech before coming to the legislation they are referring to. I mean "intervene". Deputies "interrupt" but the Chair intervenes.

Mr. Stagg:

The Ceann Comhairle interrupted me when I was asking a question about bringing forward a date before he knew what I was going to ask.

An Ceann Comhairle:

I want to read out Standing Order 26 for the benefit of Members. The full list of matters that can be raised are: business on the Order Paper; the taking of business which has been promised, including legislation promised either within or outside the Dáil—

Mr. Ring:

It is done outside.

An Ceann Comhairle:

—the making of secondary legislation; arrangements for sitting; and when Bills or other documents on the Order Paper needed in the House will be circulated subject to the provision that the Taoiseach may defer replying to a question relating to the making of secondary legislation until another day. There is no provision for making a statement in relation to—

Mr. Stagg:

The point I am making has nothing to do with speeches. On a point of Order, the point I am making is that as soon as a person mentions the Bill he or she wants to query—

An Ceann Comhairle:

That is not a point of order.

Mr. Stagg:

—the Ceann Comhairle assumes he knows the question.

An Ceann Comhairle:

No.

Mr. Stagg:

He does because he interrupts the speaker immediately. That is a format he has adopted. It prevents a Member from asking a question and—

An Ceann Comhairle:

If Deputies were to abide by the Standing Order they put in place, the Chair would not intervene.

Mr. Stagg:

—as a result there are repeated questions on the same Bill.

Mr. N. Dempsey:

There is only one question one can ask, namely, when the Bill will be introduced.

Mr. Stagg:

There are other questions a Member may ask; one can ask when a Bill will be brought forward.

An Ceann Comhairle:

I wish to make another point. Everyone of my predecessors concluded this stage of the Order of Business after 20 minutes. If Members check the record—

Mr. Rabbitte:

That is not true.

An Ceann Comhairle:

That is correct, including my immediate predecessor. The Finance Bill is on the Order Paper today. Deputies have complained that they want more time to discuss it. If the Chair allows Deputies to continue making statements when they are asking about promised legislation, we will not get on to the business of the House. If Deputies want to change the Standing Order, by all means do so and the Chair will be delighted to facilitate them. I call the Tánaiste to answer Deputy O'Sullivan's question.

Mr. Rabbitte:

It is entirely fatuous for the Chair to suggest that if Deputies want to change the Standing Order, they may do so. It is the Government side of the House which changes the Standing Order.

Mr. Stagg:

That is true.

Mr. Rabbitte:

With the greatest respect, the Ceann Comhairle is entirely more restrictive than any of his predecessors in that Chair—

An Ceann Comhairle:

We spend longer now on this stage of the Order of Business than any time in the history of the State. We are not discussing that here. We are not having a debate on the floor of the House.

Mr. Rabbitte:

This morning the Ceann Comhairle tried to bring in a new layer of restriction by saying that if a matter was raised yesterday, it cannot be raised today.

An Ceann Comhairle:

The Chair has ruled.

Mr. Rabbitte:

The Ceann Comhairle creates conflict unnecessarily every day by his—

An Ceann Comhairle:

I would not get into that area if I were the Deputy.

Mr. Rabbitte:

He is a control freak.

An Ceann Comhairle:

Some of the Deputy's own remarks in the House could be scrutinised.

Mr. Martin:

That is outrageous. The Deputy is trying to dominate the Order of Business.

An Ceann Comhairle:

I call Deputy O'Sullivan to ask her question.

Ms. O'Sullivan:

On a point of order—

An Ceann Comhairle:

We are on the Deputy's question in relation to the education for persons with disability Bill.

(Interruptions).

Mr. Ring:

We do not get answers to our questions in the Dáil. The Government is protected by the Chair.

Ms O'Sullivan:

On a point of order—

An Ceann Comhairle:

The Deputy asked the Tánaiste a question.

Mr. Deasy:

There is more freedom in the county council.

Mr. Ring:

At least the officials will answer questions.

An Ceann Comhairle:

Deputy Ring, please desist.

(Interruptions).

Mr. Ring:

The media is being given heaps of material every night and every morning. "Morning Ireland" is where the Order of Business is happening now. Nobody will listen to us; there is no point in coming in here.

An Ceann Comhairle:

I take it that is the contribution the Deputy wished to make when he offered his name. I call Deputy O'Sullivan.

Ms O'Sullivan:

On a point of order, the reason I could not simply ask the Tánaiste when the education for persons with disabilities Bill will be published is that we were promised it last term, we were promised it this term—

An Ceann Comhairle:

That is not a point of order.

Ms O'Sullivan:

—and the Taoiseach said last week that hopefully—

An Ceann Comhairle:

That is not a point of order. I call the Tánaiste.

Ms. O'Sullivan:

It was announced in the media before last term's business that it would be one of the major Bills that would be introduced before Christmas, but that did not happen. If we cannot simply stand up and ask when will a Bill be published—

An Ceann Comhairle:

Has the Deputy a question on the legislation?

Ms O'Sullivan:

Yes, I want to know—

An Ceann Comhairle:

Obviously the Deputy was not listening when I read out Standing Order 26.

Ms O'Sullivan:

—when will the Bill be published. If we got the truth in here instead of in the media the House might work better for all of us.

The Tánaiste:

It was intended that legislation would be published this term. The reason for the delay is that the Government has engaged in the consultation process, which the Deputies were so anxious to have.

Ms O'Sullivan:

In the meantime children will have to go to the courts to get their rights.

Mr. N. Dempsey:

There was an agreed settlement.

Mr. Ring:

The Minister for the Environment and Local Government, Deputy Cullen, said that he will announce the local government Bill on "Morning Ireland" tomorrow morning. Why is that Bill not being announced in this House today where we could discuss it. It will be discussed on "Morning Ireland", on every local radio station tomorrow and in every public house tomorrow night, but we cannot speak abut it here in the Dáil. Why is legislation not announced in the Dáil?

A Deputy:

It is because the Minister is treating the House with contempt.

An Ceann Comhairle:

Deputy Tommy Broughan to speak.

Mr. Ring:

I have asked a question about the local government legislation and would like an answer.

An Ceann Comhairle:

The local government legislation has been dealt with already this week.

The Tánaiste:

The Bill will be published tomorrow.

Mr. Ring:

Why is it not published today?

An Ceann Comhairle:

Please allow the Tánaiste to reply.

The Tánaiste:

I would be very surprised if the Bill is discussed in every pub in the country tomorrow night.

Mr. Ring:

It will be discussed, but not in here.

Mr. Broughan:

The Tánaiste says there needs to be greater enforcement of health and safety legislation, but is she not responsible to this House for enforcement? Given that the death of a young man from Ballymun yesterday brings the number of building workers who have died on sites during her watch to around 100—

An Ceann Comhairle:

That matter has already been dealt with this morning.

Mr. Broughan:

The Tánaiste should take a much more pro-active role in this whole area and not just leave it to the courts. In relation to the work permits legislation, is the Tánaiste aware that hundreds of east European workers have been lured to this country on forged sponsorships for non-existent jobs and have been left penniless? The Tánaiste has not taken action in this area. There is talk of a review in the summer and legislation some time in the future. The Tánaiste has had six years to act on these matters.

The Tánaiste:

If people are brought to this country under false pretences, it has nothing to do with work permit legislation—

Mr. Rabbitte:

The Tánaiste went looking for foreign workers.

The Tánaiste:

Yes, and they are here, thankfully. This economy would not be in the condition it is in if we did not have the benefit of immigrant labour. Last year, some 40,000 workers entered the country legally. Health and safety legislation, meanwhile, is being enforced more now than ever, as Deputy Broughan well knows. That is why there are so many successful prosecutions. There is still a long way to go, and people must take responsibility for safety in the workplace, especially employers. The new legislation will greatly strengthen the powers of the Health and Safety Authority, particularly in relation to penalties and fines.

Mr. Sherlock:

I seek an explanation on a matter relating to the Health Act 1970. I ask this question again because in certain hospitals of which I am aware, people are being helped from the general hospital into private nursing homes. They are being encouraged to do this and are being given application forms. At the same time—

An Ceann Comhairle:

Does the Deputy have a question on promised legislation?

Mr. Sherlock:

Does the Minister for Health and Children intend to amend the 1970 Act because there is no provision in it for a demand-led scheme? The Minister is denying the right to subvention because he contends that it is not a demand-led scheme. I ask for clarification of the position.

An Ceann Comhairle:

Is legislation promised?

The Tánaiste:

No.

Mr. Martin:

Not on that specific issue.

An Ceann Comhairle:

I suggest that the Deputy submit a question to the Minister for Health and Children on the issue.

Ms McManus:

I asked the Taoiseach a question yesterday, but he exercised his right to defer an answer. The Tánaiste is taking questions today, however, and on the basis of the order that you read out, A Cheann Comhairle, it would appear to me that the Tánaiste has to answer my question. I ask whether the Minister for Health and Children has signed the regulations relating to the Medical Practitioners (Amendment) Act 2002. I understand that the regulations are still outstanding, so I ask for clarification from the Tánaiste on that.

The Tánaiste:

No, I understand that the regulations have not been signed.

Ms McManus:

Why not?

An Ceann Comhairle:

The Deputy should submit a question on that matter.

Ms McManus:

I am sorry, a Cheann Comhairle, but this is a very important matter. It relates to the registration of medical practitioners—

An Ceann Comhairle:

It is a very important matter. That is why I suggest that the Deputy submit a question to the Minister for Health and Children.

The Tánaiste:

The Minister for Health and Children will communicate directly with the Deputy.