It is proposed to take No. 13a, motion re membership of committee; and No. 3, Social Welfare Bill 2004 — Order for Second Stage and Second Stage. It is proposed notwithstanding anything in Standing Orders that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; No. 13a shall be decided without debate; the Second Stage of No. 3 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10.30 p.m. and Private Members’ business shall be No. 44, motion re overseas development aid, resumed, to conclude at 8.30 p.m.
Order of Business.
There are three proposals to put to the House. Is the proposal for dealing with the late sitting agreed? Agreed. Is the proposal for dealing with No. 13a, motion re membership of committee, without debate, agreed? Agreed. Is the proposal for dealing with No. 3, conclusion of Second Stage of the Social Welfare Bill 2004 agreed?
It is not agreed. I do not want the Government Whip to get the idea that because he has done this a second day in a row we will let him get away with it. I register my opposition to the guillotine principle but I do not wish to unduly delay the proceedings of the House.
Is a policy being established that a guillotine will apply unless otherwise indicated? I thought there was a reluctance to bring in a guillotine if one was to take as sincere the words expressed from the Government side but in practice it appears there is a tendency to apply a guillotine and that should be objected to. Has a Government a particular position on the guillotine and, if so, why are they so regular?
If the Chief Whip checks last evening's record he will find where a guillotine had been indicated that the business had been concluded before the guillotine time. This has to indicate that the practice of the guillotine application is neither appropriate nor acceptable on such an important Bill as the Second Stage of the Social Welfare Bill. It is imperative that every Member who wishes to participate should have the opportunity to do so. It is not a judgment on whether sufficient time is being allowed, it is that a guillotine applies and if further Deputies are offering they are excluded. That is wrong. Accordingly I record my absolute opposition to the guillotine.
The Government would only put a time limit in exceptional circumstances, so there is no change of policy. The purpose of the Social Welfare Bill is to give effect to the budget announcements in the area of social welfare that were announced last week by the Minister for Social Welfare. It is in everybody's interest that the Bill be passed as quickly as possible but, certainly, there is no change in the practice in regard to limiting time for debate on Second Stage.
Is the proposal agreed?
No.
Question, "That the proposal for dealing with No. 3 be agreed to", put and declared carried.
When is it expected that the companies Bill, which is No. 55, will be published? While I am on my feet, I raised the matter previously concerning the fact that Members of the House who were the subject of some surveillance from personnel were not informed by the authorities. I am aware that the former leader of the Tánaiste's party wrote twice to the Department of Justice, Equality and Law Reform but got no response. Perhaps the Tánaiste will deal with that issue.
It does not arise on the Order of Business.
It is an important issue and it has not been dealt with.
Of course it is, that is why it should be dealt with in a structured way within the Standing Orders of the House.
The Tánaiste will deal with it.
The companies Bill will be published next year. Perhaps Deputy Ó Snodaigh can tell us why these people were under surveillance. I agree with Deputy Kenny that would be appropriate.
The Tánaiste's remark was totally inappropriate.
Will the Tánaiste give a commitment that the Government will provide time next week for a debate on Northern Ireland? If the two Governments are unsuccessful today — I hope that will not be the case — does she agree that it is important that the correct reasons for the breakdown or obstruction of the settlement are made public? The impression of the Irish people is that a photograph is standing between them and a comprehensive settlement. If some parties are not minded to reach a comprehensive settlement for other reasons, it is important that Irish citizens should be made aware of that.
It would be a good idea to have a discussion in the House after today's deliberations. I agree with the Deputy that the reasons we might be unsuccessful should be placed in the public domain. As I said on Leaders' Questions, it is not simply about a photograph.
I strongly support the request for a debate on Northern Ireland next week. It was a matter of enormous frustration and regret that yesterday Deputy Joe Higgins and I were denied the opportunity to put our questions we had tabled on the matter in the House. It is appropriate that we have an inclusive debate of the type that is all too infrequent in this House, unfortunately. It would be useful to hear certain views if we are to make progress in implementing the Good Friday Agreement. I strongly support the call for such a debate and I hope it will take place.
Will the strategic national infrastructure Bill be published in its current form? Given the view expressed by a Minister — that anywhere other than County Wicklow is fine for incineration — will the legislation be amended so that the parts of it relating to incinerators do not apply to that county?
I ask the Tánaiste to respond on the legislation.
Is the legislation still on course?
I understand the heads of the Bill will be brought to the Government shortly or early in the new year. I have made clear that I think it would be good for the House to debate Northern Ireland next week. Perhaps the Whips will make arrangements in that regard.
In light of the major changes the Tánaiste is making to the health service, when will the nurses (amendment) Bill be brought before the House?
The heads of the Bill will be brought to the Government early in the new year. I intend to publish them as soon as they have been agreed. The final Bill will be published after Easter, but I hope the heads of the Bill will be available in advance of that.
I welcome the Tánaiste's indication that the House will have a debate post today's developments in Northern Ireland.
I understand the Government had intended that the Health and Social Care Professionals Bill 2004 would be passed in this session. Where does the Bill stand?
The Bill is awaiting Report Stage in the Seanad.
Can the Tánaiste state when the pharmacies Bill will be published? What is the current position in that regard?
I will bring a memorandum to the Government shortly — next year.
One could commiserate with the Tánaiste on her legislative difficulties — not only will the over-70s legislation need to be revisited, but also I understand that a court ruled yesterday that the Mental Health Act 2001 is unconstitutional. When will the Tánaiste introduce changes to the Mental Health Act? Does she intend to make such changes?
It is clear that the Government will need to take advice from the Attorney General on yesterday's court decision. I will revert to the Deputy as soon as possible thereafter.
Can we take the stated intention of two Ministers to resist the development of incinerators in their constituencies as a promise to amend the waste management——
If the Deputy has a question on legislation, we will hear it. If not, we will call another Deputy.
——legislation to exclude incineration? I assume the Tánaiste does not agree that we should allow the development of two independent republics in Dublin South-East and Wicklow.
Incineration is an important part of the Government's waste strategy.
Where does that leave the Government?
What about the consultants?
It is about to go up in smoke.
As we approach the Christmas season, can the Tánaiste tell the House if it is planned to ban puppy farms under the proposed animal health Bill?
I do not think there are any such plans at the moment.
I mentioned some days ago, in the context of forthcoming legislation, the cases of two people who died recently, one of whom was a young man.
Does the Deputy have a question on legislation?
My question relates to non-registered practitioners. Two people died in my area as a direct result of the actions of such practitioners. When will the legislation that is urgently needed in this regard be brought to the Dáil?
To which legislation does the Deputy refer?
I refer to the need for legislation to provide for a register of practitioners.
The matter is being examined and legislation will be introduced as soon as possible.
There is an urgent need for such legislation because two people, one a young man, have died.
Given that it took 20 minutes to clear a licensed premises following a gas canister attack, is it proposed to introduce legislation to ensure that such premises can be cleared in a given time?
It takes much longer to clear pubs in certain parts of Dublin.
Perhaps it is necessary to amend the existing health and safety legislation.
I suggest that the Deputy should submit a question to the line Minister.
We have just amended our strong health and safety legislation. I do not know whether that——
One could not clear Foley's pub that fast.