It is proposed to take No. 18, Dormant Accounts (Amendment) Bill 2004[Seanad]— Order for Report, Report and Final Stages; and No. 19, Electoral Amendment Bill 2005 — Second Stage (resumed). Private Members’ business shall be No. 45, motion re the report of the Health and Safety Authority on its inspection programme in accident and emergency units.
Order of Business.
When can we expect to see legislation in respect of the codification and updating of the liquor licensing laws? The Minister for Justice, Equality and Law Reform has been debating this issue on radio in recent days without providing information to anybody else. Second, will there be legislation for the privatisation of escorts for prisoners in view of the recent comments of the Minister for Justice, Equality and Law Reform? Third, in view of the concern expressed by business in regard to energy efficiency and capacity, is there any intention to change existing legislation in respect of the provision of energy, particularly from wind power?
On the first issue, the Minister for Justice, Equality and Law Reform has announced there will be a consultation period on the heads of this Bill. That consultation is now under way. I do not have a date for the publication of the legislation. We must listen to the views of all concerned parties. I do not know if the issue of prison escorts requires legislation or whether the Minister can do it by order. There is no change in the energy situation and an energy Bill will be before the House this session.
Last week, for the first time to my knowledge in the history of this House, the Taoiseach resorted to quoting from a partisan in camera document in respect of the matter I raised about the O’Hara family. The allegation in the document was found to be untrue in court but the Taoiseach repeated it in this House to the acute distress of the family concerned.
This issue does not arise on the Order of Business.
Will the Taoiseach now take the opportunity to correct the record of the House? It is the least he owes to the family concerned.
It is not appropriate for the Deputy to raise this matter without giving prior notice.
It is not enough to send the family a sneaky e-mail blaming me for the issue.
The Deputy has made his point.
The Taoiseach is the one who quoted from the in camera document. It was a partisan charge that the judge overruled. He said if he had the power, he would impose a supervision order——
I ask Deputy Rabbitte to obey the Chair.
If the record of the House is inaccurate——
There is a way of raising this matter and it is not on the Order of Business in this fashion.
——then I am entitled to ask the Taoiseach to take this opportunity to put it right. I ask the Taoiseach to do so having regard to the unnecessary acute distress he caused the family concerned.
The Chair should have notice of this matter.
May I answer this question? I am at a disadvantage. If Deputy Rabbitte had raised this as his Leader's question I would have been able to answer.
The Taoiseach may respond.
When I answer in the House, I am not in camera but on camera and my obligation is to give an answer to the House. Replying to a distressed family, the O’Hara family, by e-mail is not sneaky. I did not raise the issue. However, the point I made, based on the information I had — for which I make no apology — was that when the staff member acted, they did so on the basis of certain circumstances which I explained to the House. What Deputy Rabbitte did not say last week, which he could have done because he knew and I now know he knew, was that the Tánaiste had a detailed meeting with the family——
I said that.
——and was moving issues on.
That is on the record.
The second issue is that the e-mail which the family sent to me, to which I replied, indicated a desire not to have this issue raised in public.
That is completely untrue. I have the e-mail here.
Deputy Rabbitte should allow the Taoiseach to continue.
It is completely untrue.
What the family is interested in is that these matters are dealt with. Incidentally, the Deputy suggests this is a matter of urgent importance but it took place eight or nine weeks ago. However, that is neither here nor there.
Will the Taoiseach retract?
I retract nothing.
The Taoiseach is compounding the situation——
I ask Deputy Rabbitte to resume his seat.
My obligation to this House is to answer a question when it is put to me. I will not withdraw that.
It is absolutely shameful.
I ask Deputy Rabbitte to resume his seat as he is out of order. Deputy Sargent has been called.
Does the Taoiseach accept he was wrong——
I do not accept that——
I remind the Taoiseach that Deputy Rabbitte is being disorderly. The Chair is dealing with a point of disorder. I ask Deputy Rabbitte to resume his seat.
I have a right to ask the Taoiseach to retract.
I will not retract——
I ask the Taoiseach to allow the Chair to deal with disorder in the House. I call Deputy Sargent.
The Taoiseach has given the wrong answer. He should apologise.
My question on promised legislation is pertinent to an earlier question to which I did not receive a reply. In regard to the National Roads Infrastructure Bill, will the Taoiseach indicate whether he will review and halt the signing of further road contracts involving tolls because of the revelations about cost overruns?
The Taoiseach should respond on the National Roads Infrastructure Bill. The second part of the Deputy's question is for the Minister for the Environment, Heritage and Local Government.
Will the Taoiseach take the opportunity to say whether he is concerned about those overruns?
The National Roads Infrastructure Bill is being prepared. It will take time to draft but should be ready some time this year.
I thought I read in the newspaper that the Bill was being abandoned by the Minister. We are getting different information in the newspaper from that in the House. I wish to ask about the nursing home charges refunds. I read in the newspaper that the Tánaiste brought a memorandum to Government today, although I note the Minister, Deputy Cullen, was rapped over the knuckles for talking about a memorandum in advance——
Does the Deputy have a question appropriate to the Order of Business?
Was this memorandum brought to Government? Did the Government make a decision on the matter? Will we see orders, legislation or otherwise to enact the decision?
Two issues arise. The details of the decision made today will be published tomorrow. Legislation will be required to bring in the scheme to process all the applications. That will take some time to prepare. I do not think it will be before the House this session but it will be ready by the summer.
Will the National Roads Infrastructure Bill include reform of the National Roads Authority?
We cannot discuss what might be in the Bill. The Taoiseach answered Deputy Sargent on the legislation.
The Taoiseach did not answer.
Last Wednesday the Taoiseach stated that legislation was not deemed necessary to implement the repayment scheme for people in long-term residential care. However, I recall that the Tánaiste certainly stated on the record that legislation would be required. Will the Taoiseach clarify the situation and advise whether legislation or a ministerial order will come before this House for debate as part of the implementation process of that repayment scheme?
I have just answered that but I will do so again. Many of the sections could be implemented without legislation but given all the aspects and the many complex areas, we believe it is better to bring forward legislation. The Bill covering all aspects will be brought forward, although it will not be in this session. I hope it will be published in the summer or, if not, early in the autumn.
Last week the Minister for Agriculture and Food told the House that she had taken up with the Commission the special beef premium overshoot. However, Commissioner Fischer Boel, who was interviewed during the week, said she knew nothing about it.
Does the Deputy have a question appropriate to the Order of Business?
When will the referendum on the EU constitution be held because many members of the farming community are disappointed by what the Minister is doing and will make their views known in the context of this referendum?
A Bill is being prepared.
Is the Taoiseach aware that the Minister of State, Deputy Fahey, keeps insisting that the Disability Bill is being pushed through at his behest?
Does the Deputy have a question appropriate to the Order of Business?
It is appropriate. It is a question on the programme for Government. There is outcry among disability groups which are calling for the Bill to be withdrawn immediately.
Does the Deputy have a question appropriate to the Order of Business? If not, we will move on to the next business.
They are outraged at the notion that the Bill is being pushed through in this fashion at the Taoiseach's behest.
The Taoiseach is fond of blaming planning for delays in delivering major projects. I wish to ask him in turn about the delays in delivering the Strategic National Infrastructure Bill. Why is he delaying that Bill or are we to believe press reports that it is to be completely dropped?
The draft heads are being considered before they are resubmitted but the Bill will be brought forward.
I hope the Ceann Comhairle will allow me to say a few words.
As long as they are in order, we will be delighted to hear the Deputy.
One Sunday some weeks ago, the Minister for the Environment, Heritage and Local Government chose to advise farm organisations that four counties would have to provide 22 weeks' slurry accommodation.
Does the Deputy have a question appropriate to the Order of Business?
We now learn that only Cavan and Monaghan are to be included.
I call Deputy Gilmore.
Can we have an opportunity to discuss agriculture?
Has a debate been promised?
Whenever agriculture——
It is a matter for the Whips. Allow Deputy Gilmore to speak without interruption.
Is the Ceann Comhairle going to refuse a debate?
Allow Deputy Gilmore to speak.
I am seeking clarification from the Taoiseach in respect of two Bills listed on the schedule.
A Deputy
The Deputy has come to the wrong place.
One is the Strategic National Infrastructure Bill the original intention of which was to establish a national infrastructure board while the other is the National Roads Infrastructure Bill. Will there be separate legislation for the planning of roads infrastructure and for the planning of other infrastructure? Are the comments of the Minister for the Environment, Heritage and Local Government at the weekend right on the establishment of a separate section of An Bord Pleanála? Will we see a planning and development Bill to deal with infrastructure?
The draft heads of the Strategic National Infrastructure Bill are being considered before resubmission to Government. The Minister must decide what he resubmits. He is reconsidering the heads. The National Roads Infrastructure Bill, which will modernise the legislation on roads, including reform of the National Roads Authority, is now called the Roads (Miscellaneous) Bill and it is being prepared.
Do I take it from that response that the Strategic National Infrastructure Bill does not relate to roads?
The Deputy cannot discuss the contents of the legislation.
I am not discussing the contents of the legislation. I just want to know what it is about.
The Minister is reviewing the heads put forward previously and he will bring the Bill forward in a different form. We will have to wait to see what form it will take.
In view of the response by the Minister for Arts, Sport and Tourism at Question Time today that he will bring proposals to Cabinet shortly on the development of Campus Stadium Ireland, which incidentally will not include the 10,000 seat soccer stadium the Taoiseach promised the Football Association of Ireland, when will the Abbotstown Sports Campus Development Authority Bill be introduced?
It will be introduced in this session.
Is additional legislation needed for the national conference centre?
I understand it is not needed.
SI 280 of 2001 on vaccine trials is to be revoked by the Tánaiste. The former Minister, Deputy Martin, brought forward the statutory instrument with great urgency but, according to the courts, he did not have the power to do so. When will it be revoked?
The Minister for Social and Family Affairs, Deputy Brennan, was thinking out loud again over the weekend about encouraging people to work until they are 70 years of age. Will legislation be brought forward to enable that to happen? In light of the total opposition to the Disability Bill, will it be withdrawn?
I understand those clinical trials cannot go ahead due to judicial decisions. The Disability Bill is before the select committee. What was the other question?
It was about the Minister, Deputy Brennan, thinking out loud again. He wants people to work until they are 70 years of age.
No legislation is promised.
In light of the matter Deputy Bruton raised and since we know legislation to tackle the nursing home charges issue ran into the ground during the Government of 1987-89, will the Taoiseach urge the former Ministers who were involved at that time — the Taoiseach, the Minister for Finance and the Minister for Health — to appear before the committee and co-operate with it in its examination of the Travers report?
Strictly speaking, the business of a committee is a matter for itself until such time as it reports. However, lest the Deputy misconstrues this ruling of the Chair, which is of long standing dating from 1971, I can say that the committee, in considering this matter, sought and accepted the independent advice of the Clerk. The advice was that it would be inappropriate to invite a sitting Ceann Comhairle to attend before it. Thus, an invitation was never extended to me to attend the committee. Should such an invitation have been received, I would have been obliged to consider the matter in light of advice and precedents.
Perhaps the Ceann Comhairle should resign and allow himself to appear.
As I understand the committee has accepted the advice of the Clerk, that ends the matter.
I am grateful to the Chair, but I did not ask him anything. I asked the Taoiseach whether he would urge co-operation with the committee by the three people who buried the legislation in 1987.
We have dealt with the matter.
The sum of €2 billion of taxpayer's money is involved. The three Ministers are in good health.
The committee has dealt with the matter. Deputy Broughan wishes to contribute.
Ought they not appear before the committee? I ask the Taoiseach, in terms of the waste of €2 billion of taxpayer's money, will he urge that they appear before the committee?
This is a matter for the committee and it has dealt with the matter. I call Deputy Broughan. I ask Deputy Rabbitte to resume his seat. It appears to the Chair that——
The Chair is using his position entirely inappropriately. I did not ask the Chair any question, I asked the Taoiseach——
I ask the Deputy to withdraw the remark that the Chair is abusing its position.
I withdraw the remark. I want an answer from the Taoiseach.
The Deputy should now resume his seat.
I asked the Taoiseach a question, I did not ask the Chair anything. I asked the Taoiseach whether the Chair, Mr. Haughey and Mr. MacSharry would be invited to appear before the committee and I urged that they would comply.
The committee has already dealt with the matter. Does the Taoiseach wish to comment?
Why is this of no significance? A sum of €2 billion is involved.
I ask the Deputy to resume his seat. The committee has dealt with the matter. I call Deputy Broughan.
I am entitled to an answer.
I am calling Deputy Broughan.
Deputy Broughan does not know the answer.
No.
Deputy Broughan wishes to ask a question and Deputy Rabbitte is preventing him from doing so.
I have asked the Taoiseach a question and I respectfully submit that I am entitled to an answer from him.
Does the Taoiseach wish to comment?
If Deputy Rabbitte is asking me whether Deputies Howlin and Noonan, Mr. Haughey, Mr. MacSharry and others want to be invited before the committee, that is a matter for the committee and I am sure the people will answer.
That is fine.
I know that as far as previous committees in this House are concerned, former Taoisigh have taken a position. There is a recent precedent where one stated that he was out of the House and would not deal with it. However, I will not get into that issue.
We will not get into that.
As the Taoiseach is aware, we are getting two new television stations, Channel 6 and a much needed Dublin station. Will the Minister for Communications, Marine and Natural Resources bring forward legislation regarding those stations? Last Thursday, we put legislation speedily through all Stages in this House. I note that over the weekend we received reports of new legislation regarding the continuing ill-treatment of migrant workers. Is it possible to publish the relevant legislation and put it through this House before the summer recess? The Taoiseach receives reports on the matter, as do I.
The employment permits Bill is due to be taken in this session. As to the other matter, I am not aware if it requires legislation.
It was stated that the report of the Commission on Assisted Human Reproduction would be dealt with by the Cabinet today. Is that the case? A fair amount of legislation will flow from that report, if it is acted on. Since it has been leaked comprehensively already——
The Deputy should ask a question appropriate to the Order of Business.
Was it dealt with by the Cabinet today? Will the report be published properly and may we have a debate in this House on its contents?
It was discussed by the Cabinet. The commission will publish the report.