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Dáil Éireann debate -
Thursday, 16 Dec 2004

Vol. 595 No. 4

Order of Business.

It is proposed to take No. 15, motion re proposed approval by Dáil Éireann of the Bovine Diseases (Levies) Regulations 2004, back from committee; and No. 5a, Health (Amendment) (No. 2) Bill 2004 — Order for Second and Second and Subsequent Stages.

It is proposed, notwithstanding anything in Standing Orders that (1) No. 15 shall be decided without debate; (2) the following arrangements shall apply with regard to No. 5a; (i) the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 3 p.m.; the opening speech of the Tánaiste and Minister for Health and Children and that of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 20 minutes in each case; the speech of each other Member called upon shall not exceed ten minutes in each case; Members may share time; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; (ii) the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. by one question which shall be put from the Chair and which shall, with regard to amendments, include only those set down or accepted by the Tánaiste and Minister for Health and Children; and (3) the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 26 January 2005.

There are three proposals to put to the House. Is the proposal for dealing with No. 15, motion re proposed approval by Dáil Éireann of the Bovine Diseases (Levies) Regulations 2004 agreed? Agreed.

Is the proposal for dealing with No. 5a, conclusion of Second and Subsequent Stages of the Health (Amendment) (No. 2) Bill 2004 agreed?

That is not agreed. While I understand the difficult position in which the Tánaiste finds herself, she is asking the Dáil to undo in one day what her Department has failed to address over 21 months, since it first got legal advice as to the frailty of these provisions.

We are introducing highly questionable provisions here. We are introducing the concept of retrospective legislation affecting thousands of people. We are introducing the concept whereby an arbitrary date will be introduced so that people cannot take legal action under the pre-existing provisions. These provisions are sufficiently legally questionable, but rushing them through the Dáil in one day without proper debate creates further frailty if they are tested in court. This is no way to do business in this House.

These are serious matters. The legal trail is complex and needs careful scrutiny by Members of the Oireachtas. The numbers of people in vulnerable positions that are affected are significant. We must take great care in dealing with these provisions, but I do not see the opportunity to take that care in the provisions of this order today.

The 2001 good news announcement for the over-70s has been found frail by the Comptroller and Auditor General on financial grounds, by the Attorney General on legal grounds and ——

We cannot debate the context of the difficulties.

I appreciate that. However, we need to explain the context and it is important we give proper and careful consideration to the issues involved. These are extraordinary issues that the Dáil is being asked to approve in the space of a couple of hours. I cannot accept that this is a proper way to proceed on such an important issue.

I am advised that whereas it is feasible to make procedural changes by retrospection, it is questionable whether one can retrospectively impose a levy. That is what is being done here because what was deemed to be illegal is now deemed to be legal in the Bill. My understanding is that the Department was advised in early 2003 that there was no legal basis for these deductions. I am also informed that the Department was advised before the receipt of advice from a particular chief executive of a health board, which means that the Department of Health and Children was aware of all this since the early part of 2003.

The Tánaiste has come into the House on the last sitting day without giving us an opportunity to examine the implications of this legislation or what it is we are asked to do. We are expected to railroad through all Stages. That is not acceptable.

The Government brought some of this on its own head, in so far as the decision on the over-70s is concerned because the Secretary General of the Department of Health and Children was not given an opportunity to assess the cost and implications of it. It was done as a stroke coming up to the general election. He had about 24 hours to try to put together an assessment of the cost. This is one of the costs. It was a typical Fianna Fáil stroke to which the Progressive Democrats happily acquiesced because there was an election to be fought. Now the Government wants us to save the Exchequer a month's outlay to railroad through legislation, the frailties of which we have had no real opportunity to examine. We oppose this.

It is not the first time we have warned about the difficulties and problems created by rushing legislation. In this case we are dealing in a retrospective fashion with a complex problem that perhaps could have been anticipated with more thought. The problem with which the Government is grappling is not helped by the conflicting advice and conflicting accounts of how we come to be in this situation. We will not help matters by rushing this legislation through today.

Will the Government reconsider the adjournment of the Dáil which is due to commence today? It is proposed to take most of January off as well as the end of December. I will be around for the best part of next week and am aware that many other Members will also be here. There is no reason we should not extend the time available to allow for reflection on this matter at the weekend——

Not many would agree with the Deputy.

——and that we would come back on Tuesday. I am serious. This is not meant to be some kind of pantomime session.

This is no laughing matter.

We are dealing with a complex matter which relates to major expenditure. I ask that we would not rush it. I hope we can learn lessons from the Government practice of standing at a remove from the operation of nursing homes which indicates a lack of concern and certainly a lack of monitoring. We should learn our lesson and put right what is wrong. At this stage we need more time and I advocate we take time next week as well as today.

I thank the Tánaiste for taking time to brief the parties in regard to what is proposed. That courtesy must be acknowledged. However, the proposition to take all Stages today of what has been accurately described as complex legislation with complex issues at its core is simply not acceptable. Real and substantive questions need to be addressed, which will not be possible in the course of today's deliberations through Second and subsequent Stages.

One of the key questions is whether the Minister for Finance, Deputy Cowen, who is a former Minister for Health and Children, was unaware of the South Eastern Health Board's——

That does not arise at this stage.

——legal advice which was being considered for months within his Department.

That does not arise. The question is whether the proposal is opposed.

It may not arise at this point but it must arise in the course of the deliberations on this matter.

The Deputy will have an opportunity to make that point during the debate.

This is not the way to do business. I have no doubt that flaws will be identified in the legislation that will result in mounting legal costs in the future due to legal challenges. The derisory so-called ex gratia payment——

Sorry, Deputy, you are going well outside the debate before the House. I call on the Tánaiste to respond before I put the question.

Do not be sorry, a Cheann Comhairle. It is the Tánaiste who should be sorry because she will be viewed, and quite correctly, as a very bad Santa by all those to whom this payment is directed.

Sorry, Deputy. Does the Tánaiste wish to respond?

Do not be sorry, a Cheann Comhairle.

I wish to make it clear that the proposed legislation does not arise as a consequence of the 2001 extension of the medical card. That is legally a fact. That is correct. I will make it clear in my address. This legislation is necessitated by the 1976 regulations.

Come on.

I inform Deputy Burton that it is the legal advice. In the McInerney Supreme Court judgment——

(Interruptions).

Allow the Tánaiste to speak without interruption.

That is why the Opposition is where it is.

The Opposition has been looking for medical cards since 1997.

The Government will not provide the money for them.

Deputy Quinn supported it.

Furthermore, the legislation is coming forward on foot of advice from the Attorney General. He also got outside advice from two counsel on this legislation. I agree that it would be desirable to have a longer debate——

It is essential that we have a proper debate.

For every week we do not have these charges it will cost €2.5 million in health care provision. We want to ensure we have as much provision as possible for the elderly and others in long-term care. We need that €2.5 million per week.

Question put: "That the proposal for dealing with No. 5a be agreed.”
The Dáil divided: Tá, 65; Níl, 49.

  • Ahern, Noel.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Blaney, Niall.
  • Brady, Johnny.
  • Brady, Martin.
  • Brennan, Seamus.
  • Callanan, Joe.
  • Callely, Ivor.
  • Carey, Pat.
  • Carty, John.
  • Cassidy, Donie.
  • Cowen, Brian.
  • Cregan, John.
  • Curran, John.
  • Davern, Noel.
  • Dempsey, Tony.
  • Dennehy, John.
  • Devins, Jimmy.
  • Ellis, John.
  • Fahey, Frank.
  • Finneran, Michael.
  • Fitzpatrick, Dermot.
  • Fleming, Seán.
  • Gallagher, Pat The Cope.
  • Glennon, Jim.
  • Grealish, Noel.
  • Hanafin, Mary.
  • Harney, Mary.
  • Hoctor, Máire.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Killeen, Tony.
  • Kirk, Seamus.
  • Kitt, Tom.
  • Lenihan, Brian.
  • McDowell, Michael.
  • McEllistrim, Thomas.
  • McGuinness, John.
  • Martin, Micheál.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M. J.
  • Ó Fearghail, Seán.
  • O’Connor, Charlie.
  • O’Donnell, Liz.
  • O’Donovan, Denis.
  • O’Flynn, Noel.
  • O’Keeffe, Batt.
  • O’Keeffe, Ned.
  • O’Malley, Fiona.
  • Parlon, Tom.
  • Power, Peter.
  • Power, Seán.
  • Sexton, Mae.
  • Smith, Brendan.
  • Smith, Michael.
  • Wallace, Mary.
  • Walsh, Joe.
  • Wilkinson, Ollie.
  • Woods, Michael.
  • Wright, G. V.

Níl

  • Allen, Bernard.
  • Boyle, Dan.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Burton, Joan.
  • Connolly, Paudge.
  • Costello, Joe.
  • Cowley, Jerry.
  • Crawford, Seymour.
  • English, Damien.
  • Enright, Olwyn.
  • Ferris, Martin.
  • Gormley, John.
  • Hayes, Tom.
  • Healy, Seamus.
  • Higgins, Joe.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Lynch, Kathleen.
  • McGinley, Dinny.
  • McGrath, Finian.
  • McGrath, Paul.
  • McHugh, Paddy.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Moynihan-Cronin, Breeda.
  • Murphy, Gerard.
  • Naughten, Denis.
  • Neville, Dan.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Keeffe, Jim.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Penrose, Willie.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Ring, Michael.
  • Ryan, Seán.
  • Sargent, Trevor.
  • Sherlock, Joe.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Twomey, Liam.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Kehoe and Stagg.
Question declared carried.

Is the proposal for dealing with No. 3, the adjournment of the Dáil today, agreed?

It is impossible to agree to an adjournment of this length when just half an hour is provided for Committee Stage of a Bill that is of immense importance. The Fine Gael Party has tabled 11 amendments to the Health (Amendment) (No. 2) Bill and the other Opposition parties have as many. This is an issue of such importance that, even if temporary provisions are agreed to, as the Government wants, the Dáil should return in early January to put in place proper and robust legislation.

Hear, hear.

Hear, hear.

Hear, hear.

There are many other elderly people in nursing homes for whom the legislation is grossly inadequate. Many people cannot get into public nursing homes and are forced, despite holding medical cards, to go into private ones. Many of them have to sell their homes to continue in care. There is a need for the Dáil to return in early January to put through systematic and properly thought-out legislation. For that reason, the Dáil should not adjourn for such a long period. If we give the Government temporary cover over the Christmas period, we should be back early in the new year to deal with this issue in a comprehensive and robust way.

Deputies

Hear, hear.

On No. 3, that the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 26 January 2005, I move the following amendment:

To delete "26 January" and insert "12 January".

For the Dáil to adjourn for so long is an injustice to those Members who have many questions to ask of Ministers, particularly in terms of the Health (Amendment) (No. 2) Bill. That democratic opportunity will be denied to Members while the Dáil is in recess. In the meantime, the Taoiseach tries to placate public outrage on several issues, particularly over the hiring of a public relations consultant by the Minister for Transport, Deputy Cullen. However, this matter is to be investigated in a non-sitting period. The Dáil should return on 12 January 2005 for the Minister for Transport to make a statement to the House, not unlike the way former Deputy Ray Burke accounted for himself. This investigation cannot be done behind closed doors. This is one of many items that the Dáil must discuss. The nursing home situation, which is full of complex legal problems, also needs to be debated properly. Legislation cannot be rushed and the Government cannot be allowed to be unaccountable. I ask that the House return on 12 January 2005.

What time?

Question put: "That the words proposed to be deleted stand."
The Dáil divided: Tá, 64; Níl, 51.

  • Ahern, Noel.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Blaney, Niall.
  • Brady, Johnny.
  • Brady, Martin.
  • Brennan, Seamus.
  • Callanan, Joe.
  • Callely, Ivor.
  • Carey, Pat.
  • Carty, John.
  • Cassidy, Donie.
  • Cowen, Brian.
  • Cregan, John.
  • Curran, John.
  • Davern, Noel.
  • Dempsey, Tony.
  • Dennehy, John.
  • Devins, Jimmy.
  • Ellis, John.
  • Fahey, Frank.
  • Fitzpatrick, Dermot.
  • Fleming, Seán.
  • Gallagher, Pat The Cope.
  • Glennon, Jim.
  • Grealish, Noel.
  • Hanafin, Mary.
  • Harney, Mary.
  • Hoctor, Máire.
  • Jacob, Joe.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Killeen, Tony.
  • Kirk, Seamus.
  • Kitt, Tom.
  • Lenihan, Brian.
  • McDowell, Michael.
  • McEllistrim, Thomas.
  • McGuinness, John.
  • Martin, Micheál.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M. J.
  • Ó Fearghail, Seán.
  • O’Connor, Charlie.
  • O’Donnell, Liz.
  • O’Donovan, Denis.
  • O’Flynn, Noel.
  • O’Keeffe, Batt.
  • O’Keeffe, Ned.
  • O’Malley, Fiona.
  • Parlon, Tom.
  • Power, Peter.
  • Power, Seán.
  • Sexton, Mae.
  • Smith, Brendan.
  • Smith, Michael.
  • Wallace, Mary.
  • Walsh, Joe.
  • Wilkinson, Ollie.
  • Woods, Michael.
  • Wright, G. V.

Níl

  • Allen, Bernard.
  • Boyle, Dan.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Burton, Joan.
  • Connolly, Paudge.
  • Costello, Joe.
  • Crawford, Seymour.
  • Crowe, Seán.
  • Deenihan, Jimmy.
  • Durkan, Bernard J.
  • English, Damien.
  • Enright, Olwyn.
  • Ferris, Martin.
  • Gormley, John.
  • Hayes, Tom.
  • Healy, Seamus.
  • Higgins, Joe.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Lynch, Kathleen.
  • McGrath, Finian.
  • McGrath, Paul.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Moynihan-Cronin, Breeda.
  • Murphy, Gerard.
  • Naughten, Denis.
  • Neville, Dan.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Keeffe, Jim.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Pattison, Seamus.
  • Penrose, Willie.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Ring, Michael.
  • Ryan, Seán.
  • Sargent, Trevor.
  • Sherlock, Joe.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Twomey, Liam.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Boyle and Kehoe.
Question declared carried.
Amendment declared lost.

Before moving on to the Order of Business, I would like to avail of this opportunity to pay tribute to Paddy Behan who has worked in this House for 36 years.

Deputies

Hear, hear.

The applause confirms what everyone knows. Paddy Behan is a man of great common sense and good humour. He has tremendous inter-personal skills and he gave great service here for 36 years. I wish himself, his wife, Kathleen, his son, Simon, and his daughters, Orla, Niamh, Aoife and Aisling, the very best of luck for the future. We will certainly miss him in Leinster House.

Deputies

Hear, hear.

I join the Tánaiste in wishing a constituent of mine, Paddy Behan, well. We are also losing two other ushers, Frank Lane and Dessie Edwards, over the Christmas period. These people have brought a very high standard of professionalism to their work in the Dáil. They have seen the good, the bad and the ugly go through the House and they treated everyone with respect, dignity and professionalism. They have created a wonderful tradition in the House, which will remain long after they are gone. I wish them a very happy retirement. I know both Dessie and Paddy whom I see walking the streets of my constituency, Dessie with his dog and Paddy at Clontarf Golf Club. I am sure they will have many activities to enjoy in their retirement. They are full of energy and I am sure they will have an opportunity to advise Members how to conduct themselves in the future if there are consultancy positions available. I have been told they are still members of the rugby team representing the Oireachtas. They will be the main carriers for that important squad. I wish them well. They have been great in the House and I think everyone will recognise the value they brought to our work.

Deputies

Hear, hear.

I cannot recall any former Taoiseach getting the applause in the House that Paddy Behan received, which obviously speaks for itself. I have no idea how he is so youthful looking. I have known him since I was a boy when I came in here just out of short trousers. I had an opportunity last Friday night, with the Ceann Comhairle, to say goodbye to Frank Lane and I now join in the remarks of my colleagues about both Dessie and Paddy and thank them for their tactful and professional service down through the years.

Deputies

Hear, hear.

It is a sad day, but it is also one which gives us an opportunity to thank Paddy Behan, Frank Lane and Des Edwards for their unfailing courtesy over many years.

Dessie Edwards will be with us until the end of January when there will be an opportunity to pay tribute to him.

I thought Deputy Bruton had knowledge I did not have. Unless we come back before the end of January, we will not see much of him and, therefore, I take this opportunity, on the basis that he might feel neglected during January. However, we can still address the issue then if the Tánaiste is amenable to it.

The unfailing courtesy over many years of Paddy, Frank and Des had a very settling effect on many new Deputies who came in here, having gone through the fracas of general election campaigns. To come in and be told that one will be able to do the job and to be given the support one needs has a very good influence on the House and democracy, and their influence carries far and wide beyond this House to many of our constituents. Perhaps sometimes they do not appreciate the extent to which their influence and courtesy benefits the country. I pay tribute to them and, on behalf of my colleagues in the Green Party, I thank them for their help over the years.

I join my colleagues in paying tribute to Paddy Behan and Frank Lane. Unfortunately, the Friday night event does not allow for out of the city Deputies to attend these events. I wish Paddy Behan and Frank Lane every health and happiness in their retirement. As a new Deputy to this House in 1997, were it not for their courtesy and help it would have been a very difficult place to find one's way around, and a steep learning curve. They were very helpful. I say in all sincerity that they have duly earned the thanks and appreciation of every Member of this House.

The tributes to Paddy, Frank and Dessie reflect the thanks which is due to all the staff of the Houses of the Oireachtas, because they are not exceptions. The words offered on their future and retirement is a reflection on all the staff to whom I say thanks. I wish them all a very happy Christmas.

On behalf of the Independent group, I wish Paddy Behan and his family well. As a new Deputy, I pay tribute to him because he was one of a number of staff who welcomed us to the Dáil and looked after us very well. He is a good example of a public servant who works with Deputies, Senators and the rest of the staff with whom he had a good and warm relationship. As Deputy Bruton said, he is a constituent of ours and, therefore, I wish him and his family well. I agree with the Tánaiste on the way Paddy, Dessie and Frank treated everyone in the Dáil. On behalf of the Independent group, I wish Paddy and his family well.

Paddy worked here for 36 years, for 32 of which he worked continuously without sick leave, which must be a record. He was a real professional in his work. Paddy's courtesy, commitment and dedication in looking after the interests of Members and staff is appreciated by everyone who came in contact with him. On my behalf and on behalf of the Members and staff, I thank Paddy for all his hard work and wish himself and Kathleen very many healthy and happy years ahead.

Deputies

Hear, hear.

I wish to be associated with these remarks.

Sorry, Minister, I would prefer if we did not move away from precedent because I know that each Member of the House would like to make a contribution.

I see from the Order Paper that we are rushing through legislation on health. We also have the final obsequies of previous emergency legislation on electronic voting. There is a salutary tale in that report for the approach the Government takes in rushing through legislation without proper foresight. I do not think the same can be said of the Minister for Justice, Equality and Law Reform. When the Government presented its legislative programme in April it included nine Bills by the Minister for Justice, Equality and Law Reform to be published in 2004, which has not happened. It appears extraordinary that important items such as the judicial conduct Bill, the coroners Bill, the prisons Bill, the parental leave Bill and so on, which were promised to be introduced before the end of the year, do not now figure as high priorities in the Government's legislative programme. What is happening in the Department of Justice, Equality and Law Reform with its legislative programme? Why is it all falling off the table?

I know that the parental leave (amendment) Bill was cleared by the Cabinet recently and I am sure it will be published shortly. A number of Bills in the justice area were delayed because of the priority given to the Garda Síochána Bill and the Proceeds of Crime (Amendment) Bill. I think it is the intention of the Minister for Justice, Equality and Law Reform to publish as soon as possible many of the Bills mentioned by the Deputy.

I am glad the Tánaiste is taking the Order of Business because she was concerned with the Bill I want to ask her about. The work permits Bill has been promised for six terms and is still not published despite the shameful exploitation we hear about of immigrant workers in domestic service in this country. How soon we forget where we all came from. Some of the stories one hears about the abuse of young foreign women in domestic service in this country are shameful.

I would like to speak on this matter for one moment.

It is difficult for the Chair to see how it is possible to ask another question about the legislation which Deputy Rabbitte has already asked about.

It is Christmas.

Let there be latitude.

We will listen to the Deputy.

What Deputy Rabbitte said is further strengthened by the fact that the Minister for Enterprise, Trade and Employment told me last month that just under 1,000 work permits had been given out last year for workers in domestic service.

That does not arise on the Order of Business. We must stay with the promised legislation.

Exploitation has been reported by the immigrants. The Tánaiste should inform the House what she proposes.

That does not arise. The Tánaiste may speak on the legislation.

The work permits Bill will be published in January.

Will the Tánaiste say anything else about the disgusting——

Deputy Joe Higgins is out of order.

It is an important issue and I too would like an answer, but I want to raise two matters regarding promised legislation. On the marine services Bill, there is a note saying it is not possible to indicate at this stage when it will be published. We might reflect in the new year on whether there is any point in having legislation on the legislative programme when it says it is not possible to indicate when it will be published. Half the mammals in this country reside in the marine environment, sometimes humans included.

The Deputy should allow the Tánaiste to answer his question.

We do not seem to give the matter any priority. Regarding the charity regulations Bill, every time the list is published, that Bill is marked down for the following year. In 2005, will the Bill be noted for the following year or will we see it in 2005?

The Deputy should allow the Tánaiste to answer his question.

I understand that a four-month public consultation process is under way and that the Bill will be published next year.

Which Bill?

The charity regulations Bill. The line Minister will communicate with the Deputy regarding the other Bill. I have no date.

When will we have the medical practitioners Bill? In the light of the ongoing illegal activities on the Border area as far as antennae or broadcasting is concerned, which perhaps nobody can control, when will the electronic communications (miscellaneous provisions) Bill be introduced so that we can discuss what is going on?

The medical practitioners Bill will be introduced early next year. The heads of the electronic communications (miscellaneous provisions) Bill are also expected early next year.

Publication of the investment intermediaries (amendment) Bill is scheduled for 2005. Can the Tánaiste be more specific and will the heads of that Bill be circulated in advance?

I will discuss that matter with the Minister for Finance but the expected date is next year. The heads of the Bill will be submitted to the Government early next year. The Deputy should communicate with the Minister for Finance regarding his query about the heads of the Bill.

The report of the working group on the vetting of people working with children and vulnerable adults has been with the Minister for Justice, Equality and Law Reform for some time. There are three pieces of legislation relevant to that. Does the Government intend to bring forward amending legislation for the Protections for Persons Reporting Child Abuse Act and the Sex Offenders Act? When will the register of persons who are considered unsafe to work with children Bill come before the House?

The Government intends to bring in such legislation. We are working on a cross-Border basis on this issue so it is not possible at this stage to say what legislative developments will result from that initiative.

I raised this matter with the Taoiseach a number of weeks ago and he did not respond. I explained that a proper vetting system is in place in Northern Ireland which is not dependent on the issues that have delayed matters in the Republic. Why can Northern Ireland proceed with its system while we are unable to with ours?

The Minister for Justice, Equality and Law Reform has appointed an implementation group to examine the regime in Northern Ireland with a view to having a co-ordinated approach on the island.

A pharmacy Bill has been promised since 1980. Does the Tánaiste propose to bring it forward in 2005?

We will bring that Bill to the Government shortly after Christmas.

Will the Whips get the opportunity to discuss and debate the terms of reference for the proposed investigation into the hiring of a public relations consultant by the Minister for Transport, Deputy Cullen, and into the activities of that consultant?

Is a debate promised?

No debate is promised.

So there is no——

The Deputy should submit a question to the line Minister. If a debate is not promised——

We are adjourning today.

I appreciate that but there are other ways for the Deputy to raise the matter.

There are not.

If the Chair were to allow every Member to ask if there can be a debate on an issue of interest to him or her, every Member would stand up every morning.

The Ceann Comhairle should be reasonable. I am not asking for a debate. I am asking that the Whips——

The Standing Order is specific. Where a debate is promised, there is an order for that. It is not in order for the Deputy to query it.

Let me clarify the matter.

I ask the Deputy to resume his seat. The matter does not arise.

I would like to clarify what I want.

The matter does not arise on the Order of Business. There are other ways for the Deputy to raise the matter.

It does arise.

No debate was promised.

I am not asking for a debate. I would like the Whips to have some input.

The matter does not arise. There are other ways of raising the matter.

There is no other way. The Ceann Comhairle is trying to hide this. He is trying to put it behind——

The Deputy will withdraw the remark that the Chair has tried to hide something.

The Ceann Comhairle is trying to postpone the matter until after Christmas.

The Deputy must either withdraw the remark or leave the House.

I am happy to withdraw the remark.

The Deputy must do so under the Standing Order.

We have been promised the drug offenders Bill and the family law Bill. The delay in publishing the latter Bill is causing serious problems. When will those two Bills come before the House?

Work is at a preliminary stage on the drug offenders Bill and it is not possible to say when it will come before the House. The heads of the family law Bill are expected early in 2005.

On 19 October the Taoiseach promised that we would have the heads of the broadcasting authority Bill before Christmas. Have the heads been approved and when will the Bill be published? With reference to a question asked by Deputy Crawford, the Taoiseach also promised in October that before Christmas we would have the heads of the electronic communications (miscellaneous provisions) Bill before Christmas. I do not know to which heads he was referring.

Dustin the turkey.

Since the festive season is upon us, it might be no harm to inform the House which Christmas was intended. On 30 November, the Taoiseach also promised that we would have the heads of the gas regulation Bill before Christmas. I do not know if there is any special significance in heads before Christmas but in view of the festive season, the Tánaiste might be able to inform me whether Santa Claus is wedged in the chimney with no movement forward or backward.

The heads of the first two Bills mentioned by the Deputy are due early next year. The gas regulation Bill is expected in 2005.

Are the heads of the Bill approved for the first two?

It will be next year.

It was next Christmas he was talking about.

Is there any progress as regards legislation in respect of ground rent? Will there be a ground rent Bill?

Unfortunately, I cannot report progress on that notwithstanding the Deputy's many efforts in this regard.

Just before the House goes into recess, it is traditional to wish the Ceann Comhairle and the staff of the House a very happy Christmas before we embark on the business of the day. It has been a long and at times, difficult year, but the Ceann Comhairle has handled business extraordinarily well and the staff has been exemplary in the work it has done for Members. I wish them and their families and the Ceann Comhairle and his family every happiness. I hope the Ministers will take a well-deserved rest from their word processors and press releases and give us all a peaceful Christmas.

I join with Deputy Richard Bruton in wishing the Ceann Comhairle and his family a very happy Christmas. I very much concur with the remarks of Deputy Bruton as regards his skilful stewardship as Chair of this House, which is not an easy task by any means. I also wish all the staff of the House a very happy Christmas and thank them for the extraordinary service they provide to the Oireachtas. In particular I wish Mr. Kieran Coughlan, Clerk of the Dáil, a speedy recovery. I wish the Opposition, too, a happy Christmas. I am delighted they acknowledge we deserve a rest. So does the Opposition. People do a job on both sides of the House. The Opposition Members have a difficult job to do as well and they do it with great effect. I wish all Members of the Opposition, the Independent Members and all the staff of the House a very happy Christmas. The Government will take a short well-deserved break, as Deputy Richard Bruton has suggested.

On my own and the Labour Party's behalf I extend those Yuletide felicitations to the Ceann Comhairle and the staff of the Oireachtas. I was delighted the Ceann Comhairle managed to escape unscathed from that black cat that was wandering around Monaghan earlier in the year.

It was not as deadly as the rabbit.

I wish a happy Christmas to all the staff and back-up people of the House and their families and I want to be associated with the remarks of the Tánaiste as regards a speedy recovery and return for Mr. Kieran Coughlan.

I wish to be associated, on behalf of the Green Party, Comhaontas Glas, with the wishes for a happy Christmas, beannachtaí na féile, to the Ceann Comhairle and the staff. It certainly has been a long year and in fairness, we deserve a break. I question whether it needs to be as long as the one proposed. However, it is important that Members take some form of rest, as the Ceann Comhairle has often advised in his capacity as a doctor and we take that advice seriously. I also want to be associated with the best wishes for a speedy recovery to Mr. Kieran Coughlan, Cléireach na Dála, and extend best wishes to members of the press corps who have reported the business of the Dáil. To everyone working here and associated with Dáil Éireann, beannachtaí na féile.

On my behalf and that of my Sinn Féin colleagues, I extend sincere good wishes to the Ceann Comhairle and his family for Christmas, to the Tánaiste and her colleagues in Government, to each of the other Opposition parties and Independent Members, to the staff, to whom I have already referred, and to the press. While we are looking forward to the break for Christmas we have an important year ahead of us. My hope going into this Christmas holiday is that 2005 will see the realisation of many of our hopes, certainly as regards matters we have addressed specifically during the course of this week on the resumption of normal political engagement in the north of the island. I hope that this priority will be realised as early as possible.

On my behalf and on behalf of the Leas-Cheann Comhairle, I thank Members for their good wishes and kind words. I thank the Clerk of the Dáil and send him our good wishes for a speedy return to work. We look forward to having him back in January. I thank, in particular, the Assistant Clerk for the very able manner in which he carried out the duties during this session. I thank the Superintendent, the Captain, all the staff of the House, those in my own office and throughout the House, the ushers, members of the Garda and the Army and all who help to ensure we run a very effective business of Parliament here during the session.

I thank all my colleagues for their co-operation during the year and wish everybody, colleagues and staff, a very happy Christmas. I advise my colleagues to take a rest. I know how hard Members work, both when they are in the House and in their constituencies. If I have a complaint about Members, it is that many of them do not take sufficient time off to look after their own health. I appeal to Members to take some time off, to relax, rest and enjoy themselves with their families. Again, I wish everyone a happy Christmas and a very pleasant and successful 2005.

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