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Dáil Éireann debate -
Wednesday, 2 Feb 2005

Vol. 596 No. 4

Order of Business.

It is proposed to take No. 16, statements on European Council, Brussels; No. 15, Disability Bill 2004 — Second Stage (resumed); and No. 1, Dormant Accounts (Amendment) Bill 2004 — Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: (1) the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes, and subject to (2) the statements shall be confined to the Taoiseach and to 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; (2) Members may share time; and (3) immediately following the statements, the Minister for Foreign Affairs shall take questions for a period not exceeding 20 minutes. Private Members' business shall be No. 40, motion re Ireland's agri-food sector (resumed), to conclude at 8.30 p.m.

There is one proposal to put to the House. Is the proposal for dealing with No. 16, motion re statements on European Council, agreed? Agreed.

Yesterday I raised with the Tánaiste the issue of the Dublin metro. Will the Taoiseach confirm that the Cabinet has made a decision that there should be a Dublin metro, and when will the listed Bill be published?

Newspaper reports today and yesterday indicate that the Taoiseach gave a direction or at least encouragement to the Independent Monitoring Commission that it should not recommend sanctions against Sinn Féin arising from the report.

That does not arise on the Order of Business. The Deputy will have an opportunity on Leader's Questions to raise that matter.

When will the Independent Monitoring Commission report be published? Will the Taoiseach confirm what I have suggested? It would be wrong for the Taoiseach not to answer that.

The question is not in order.

It is in order to ask when the report will be published.

I think the report will be published next week. It is an independent report and I can give no directions on it. The authors can write whatever they like.

I am glad to have that confirmed.

There has been no final Cabinet decision on the Dublin metro but the legislation is being worked on and should be available shortly after the decision is made.

Does the Taoiseach retain confidence in the Minister for Health and Children in view of the fact that she has publicly made promises——

Has the Deputy a question appropriate to the Order of Business?

I have. The number of medical cards is dropping despite the promise by the Minister for Health and Children that it would increase significantly. The item of legislation involved is something of a mystery as it has no title. Will the Taoiseach say when the yellow-pack medical card Bill will reach this House? Will he ensure that the Minister will have discussions with the doctors——

The Deputy must confine her question to legislation and may not discuss the contents of the Bill in the House.

The scheme has no name, no timeframe and no guarantee of being implemented.

The Deputy is out of order.

As I said last week, a short Bill is being prepared to make statutory provision for the new medical cards and will shortly be before the House.

I asked a question of the Tánaiste yesterday but did not get an answer. The Taoiseach might respond today. Ireland has signed the Aarhus Convention but has not yet ratified it. Having regard to Article 29.5.1° of the Constitution, when will the convention be ratified and laid before the Dáil?

Since my request to adjourn the Dáil under Standing Order No. 31 was disallowed, may I ask the Taoiseach about the Building Control Bill, which in September 2003 was promised for early 2004 and is now being promised for late 2005? Technically, the energy performance on building directive is to be introduced on 4 January 2006. Indications from the freedom of information process are that it will be delayed until 2009. Will the Taoiseach take a leadership role in this and ensure that energy conservation is prioritised, given our lack of fuel security, not to mention climate change? Has the Taoiseach heard of the Aarhus Convention?

I will have to check on the matter of the Aarhus Convention. Will the Deputy repeat the name?

The Aarhus Convention. Aarhus is a town in Denmark.

My question has been answered as a result of Deputy McManus's intervention.

As far as it goes. The Deputy should ask the Taoiseach what "shortly" means.

The register of persons considered unsafe to work with children Bill is on the C list and we are informed it is not possible to indicate a publication date. This is important legislation relating to child protection but it also relates to the North-South Ministerial Council and clearly there are difficulties in that area. Will the Taoiseach indicate when that legislation will be proceeded with?

It is not possible to indicate at this time. The cross-departmental working group has reported to the Minister for Justice, Equality and Law Reform who is now appointing an implementation group to advise on the necessary legislation. That end of the work is advancing. We will bring it as far as we can so that we can try to find some resolution on a North-South basis. That will be the difficult part, but it does not stop us doing the rest of the work.

Can the Taoiseach do it here, even if it cannot be implemented in the North?

That is what we will have to examine.

I wish to ask about two Bills, the first being the promised legislation to which the Tánaiste referred on the radio this morning and which the Taoiseach has described as a short Bill necessary regarding GP-only medical cards. Will that legislation be before the House and passed before Easter? I have no doubt that is what——

The Deputy has asked his question.

——would be required if the new timeframe——

I call the Taoiseach on the legislation.

I have signalled that I had two matters. With respect, I indicated that I wished to raise questions on two Bills. I now wish to refer to the second.

It is not in the Standing Orders, Deputy.

The Ceann Comhairle is very eager to get away from me. I will ask about the second Bill, and I hope that the first will be passed in time for the new deadline of April delivery. On the nurses amendment Bill, formerly the nurses and midwives Bill, going by the September programme, publication is expected in 2005. There has been no change. Perhaps the Taoiseach will be more specific. The legislation has been promised for some considerable time.

It is to update the provisions relating to the regulation of nurses and midwives, and the heads of the Bill are expected shortly. As soon as we can get that done, it can go for drafting.

I wish to ask about the diplomatic immunities Bill. Perhaps the Taoiseach will state how many years have been spent on drafting the necessary constitutional adjustments.

The heads of the Bill were approved just before Christmas and it has gone for drafting. I have no date for it, but it has entered the drafting process.

How many years?

How many years have passed?

Is it seven?

That does not arise on the Order of Business.

My notes do not contain the answer.

It is described as a mere technical Bill.

It is to amend the Diplomatic Relations and Immunities Acts 1967 to 1976 and to limit the Government's discretion in making orders in a way that would remedy any constitutional concern while not impinging on the general prerogative of the Government to make orders. I do not have a note telling me how many sections are included in the Bill.

I wish to ask about the co-operatives Bill in light of today's announcement by Dairygold of further job losses. Can the Taoiseach give us any sense of the priority of the Bill? No publication date is given and there is a series of job loss announcements amounting to death by a thousand cuts in co-operative societies throughout the country.

On the co-operatives Bill, it is likely that a more fundamental review of the needs of the movement may be required before comprehensive proposals for legislation can be brought forward. The Department is working with the sector to facilitate its immediate legislative needs, whether by secondary legislation or inclusion in primary legislation, on this issue and others. Those discussions are currently taking place.

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