Dáil Éireann debate -
Wednesday, 26 Jan 2005

Vol. 596 No. 1

Order of Business.

The Taoiseach

It is proposed to take No. 12, motion re ministerial rota for parliamentary questions; No. 17, statements on the tsunami disaster in South-East Asia; and No. 18, Disability Bill 2004 — Second Stage (resumed).

It is proposed notwithstanding anything in Standing Orders that (1) No. 12 shall be decided without debate; (2) the following arrangements shall apply with regard to No. 17: the statements shall, if not previously concluded, be brought to a conclusion after 65 minutes and subject to this shall be confined to the Taoiseach and the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group who shall be called upon in that order and which shall not exceed 15 minutes in each case; Members may share time; the Minister for Foreign Affairs shall be called upon to make a statement in reply which will not exceed five minutes; immediately following the statements Members shall observe one minute of silence; Private Members' Business shall be No. 42, motion re Health and Safety Authority: request for an A and E risk assessment and shall take place on 27 January directly after the Order of Business and be brought to a conclusion after 90 minutes on that day.

An Ceann Comhairle

There are three proposals to put to the House. Is the proposal for dealing with No. 12, motion re ministerial rota for parliamentary questions, agreed? Agreed. Is the proposal for dealing with No. 17, statements on the tsunami disaster in South-East Asia, agreed? Agreed. Is the proposal for dealing with Private Members' Business tomorrow agreed? Agreed.

Mr. Kenny

I have looked at the new legislative programme announced by the Government Chief Whip, the Minister of State at the Department of the Taoiseach, Deputy Kitt. It is rather like The Scarlet Pimpernel because I cannot find a reference to the critical infrastructure Bill in it. This was the central point of the Taoiseach’s speech to the Fianna Fáil Ard Fheis in Killarney two years ago. It seems unusual that it has disappeared from the Government agenda, obviously at the prompting of the Minister for Justice, Equality and Law Reform. It is equally bizarre to read the statement of the Minister for the Environment, Heritage and Local Government who is not present that while incinerators are to be part of the critical infrastructure Bill, one incinerator, proposed for Ringsend, is not.

Mr. Stagg

Neither is the one for County Wicklow.

Mr. Kenny

Will the Taoiseach explain whether this Bill has disappeared? Is it still a runner with the Government and, if so, when are we likely to see it?

The Taoiseach

It is still a runner. I understand there is agreement.

Mr. Kenny

The Taoiseach said that tongue in cheek.

Mr. Durkan

There could be subsidence on that. The Taoiseach needs to be careful.

Mr. Rabbitte

When can we expect the publication of the Quigley report into the circumstances surrounding the contracting of the person by the Minister for the Environment, Heritage and Local Government?

When is the work permits Bill likely to come before the House? I have a case of a South African national who came here three years ago to join her husband who was recruited as a result of the roadshow promoted by the then Minister for Enterprise, Trade and Employment, the Tánaiste, Deputy Harney, in South Africa. This person came here to join her husband. She has applied and got a job. FÁS has approved her. The director of the nursing home concerned badly needs her particular skill and cannot get it elsewhere, yet she has been refused a permit by the Department which the Tánaiste, Deputy Harney, left.

There are so many of these cases that we could throw our hands in the air, but this is a case——

An Ceann Comhairle

The Deputy should confine himself to a question on legislation.

Mr. Rabbitte

Thank you, Sir. In this case the Tánaiste went looking to recruit, this person is here as a result of that but cannot get a permit.

The Taoiseach

It is my intention to publish the Quigley report tomorrow. The employment permits Bill will be published this session.

Mr. Sargent

I note that most of the territory of this State is under the control of the Department of the Marine and Natural Resources, but I observe the fisheries Bill seems to have disappeared from the list of promised legislation. Sadly, for the people of South-East Asia, the disaster there had tragic implications for their livelihoods, but in this case——

An Ceann Comhairle

I ask the Deputy to confine himself to questions on legislation in accordance with Standing Order 26.

Mr. Sargent

Is this Bill now to be incorporated in some other legislation? That the country does not have a marine conservation centre highlights the low priority given to this area generally. Will the fisheries Bill now be called the sea fisheries Bill or is there any hope of attention being paid to the fisheries area?

The Taoiseach

The heads of the sea fisheries Bill to strengthen the sea fisheries law and to secure compliance with EU law have been passed and it is hoped to publish the Bill this session.

Mr. Durkan

My question is along the lines of that asked by my party leader, Deputy Kenny. Is there evidence of subsidence in the Department of Communications, Marine and Natural Resources, given that some 19 Bills were listed for urgent attention last session, but a number of them must have slipped off the list as there are now only six or seven listed? Is it intended to include those Bills that have slipped off the list? The An Post Bill is listed but has yet to come before the House. The introduction of the various telecommunications Bills is urgently required and that need is becoming more urgent. There is the possibility of revised legalisation on the digital hub and a series of other Bills are urgently required. Can we get a revised version of this document or perhaps a page was missing from the copy I got?

The Taoiseach

In the case of a few of the Bills listed in the area of communications, marine and natural resources, the legislation is being reviewed in the Department in the context of its new statement of strategy. That covers three or four of the Bills that were on the list.

Mr. Durkan

It is not a case of subsidence after all.

Ms McManus

In the middle of last November, the Minister for Health and Children stated that the Government was not going to live up to its promise to deliver 200,000 new medical cards and that instead we would have yellow pack cards which would simply provide for GP care. She said at the time that they would be introduced at the earliest time possible in 2005. Will the Taoiseach clarify that legislation is required for their introduction because this seems to be the indication from the Tánaiste and Minister for Health and Children? If so, why is there no sign of such legislation in the legislative programme?

An Ceann Comhairle

Is legislation promised in this area?

The Taoiseach

The advice is that legislation is required and it is being prepared as a matter of urgency.

Caoimhghín Ó Caoláin

On the same matter, will the preparation of legislation on the yellow pack medical card Bill delay the issuing of the cards? This is a matter of great concern.

An Ceann Comhairle

The Deputy should submit a question on that matter to the line Minister.

Caoimhghín Ó Caoláin

Second, on the Order of Business, I note from the programme that most of the legislation sponsored by the Minister for Health and Children, all of which was promised early last year, that because of the Bill to abolish the health boards this legislation was set aside. Can the Taoiseach give a definite date for the publication of the nurses Bill, the Medicines Board Bill, the medical practitioners Bill, the pharmacy Bill and the VHI Bill?

The Taoiseach

On the first matter, the legislation is being dealt with as a matter of urgency. It is hoped that the medical cards will be issued in April and that there will not be a delay.

The heads of the nurses Bill are due this session. The heads of the medical practitioners Bill have been approved by the Government and the Bill will be due later this year. We will publish the heads of that Bill. Was the other Bill the Deputy asked about the pharmacy Bill?

Caoimhghín Ó Caoláin

I asked about the Medicines Board Bill and the pharmacy Bill.

The Taoiseach

The Medicines Board Bill will be ready this session. Work is under way on drafting the heads of the pharmacy Bill and it will be ready later this year.

Caoimhghín Ó Caoláin

What about the VHI Bill?

The Taoiseach

That Bill will be ready later this year.

Mr. Crawford

In light of the ongoing binge drinking problem among the youth, when will the alcohol products Bill to protect young people come before the House? Its introduction is vital.

The Taoiseach

It will be ready later this year.

Mr. Sherlock

I do not know how many times I have asked the Taoiseach about the Bill to abolish ground rents. Has this Bill been taken off the Taoiseach's clár?

The Taoiseach

To the best of my knowledge, that Bill is not proceeding at present. The Supreme Court decision may have implications in this regard.

Mr. Sherlock

Has the Bill been taken off the Taoiseach's clár?

The Taoiseach

We are awaiting the Supreme Court's decision.

Ms McManus

It is buried.

Mr. Sherlock

It is abdicating responsibility to the property owners.

Mr. Morgan

I have a related matter. With all the talk lately of banks robbing people and people robbing banks——

Ms Harney

Is the Deputy going to tell us what happened?

Mr. Morgan

——given the nature of what we have just heard on a related subject, now landlords are robbing people. When is the Supreme Court decision likely to be given? Can we get an indication of the likely date for that as this is an extremely urgent matter. I agree with what the previous speaker, Deputy Sherlock, said on this matter. He has been persistent in raising this issue. We regard it as extremely important. When are we likely to get a commitment that this legislation might be brought forward?

The Taoiseach

Is the Deputy referring to the ground rent Bill?

Mr. Morgan

If the Taoiseach has any information on the other items, maybe he would keep it to himself.

Ms Harney

The Deputy has more information on that. He should tell us about it.

Mr. Coveney

It is hard to follow that. I have asked about the broadcasting authority Bill on a number of occasions. A substantial hike was granted in TV licence fees two years ago, as the Minister for Foreign Affairs, Deputy Dermot Ahern, will be aware. Part of the deal at that time was that an independent broadcasting authority would be introduced and that legislation was required to do that. Two years have passed since then. Can the Taoiseach give us as detailed a timescale as possible for when we are likely to see that legislation?

The Taoiseach

The legislation is listed for 2005. I do not have information on the heads of the Bill. Perhaps the Deputy would raise this matter with the Minister responsible.

Mr. Broughan

I wish to ask the Taoiseach about a Bill referred to by Deputy Durkan, the electronic communications Bill and when it is likely to come forward. Does the Taoiseach have any regrets about the closure of MediaLab Europe during the recess?

An Ceann Comhairle

The matter is the subject of an Adjournment debate tonight. The Deputy cannot anticipate that debate.

Mr. Broughan

The Taoiseach established it. He will not be in the House this evening. He set up the administrative structures which probably led to its collapse.

An Ceann Comhairle

The Taoiseach should answer on the first question.

Mr. Durkan

Let us hear it.

The Taoiseach

The electronic communications (miscellaneous provisions) Bill is due for 2005. It is to provide access to broadcasting networks and to deliver content.

Mr. Durkan

This is 2005.

Mr. Boyle

What priority does the Government attach to the register of persons who are considered unsafe to work with children Bill? Its publication is still not listed. I realise there have been difficulties with the implementation of the Good Friday Agreement. However, given that guidelines exist in Northern Ireland, what is the hold-up for having such a register put in place in this country?

The Taoiseach

The cross-departmental working group reports to the Minister for Justice, Equality and Law Reform on the proposals for reform of the vetting of employees by the Garda Síochána. The Minister has now appointed an implementation group to advise on the implementation and the necessity for the legislation. While I do not have a date for this, that work is continuing.