Dáil Éireann debate -
Tuesday, 8 Nov 2005

Vol. 609 No. 3

Order of Business.

The Taoiseach

It is proposed to take No. 9, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the revised agreement on social security between the Government of Ireland and the Government of Australia; No. 14, Social Welfare Consolidation Bill 2005 — Report and Final Stages; and No. 15, Health and Social Care Professionals Bill 2004 [Seanad] — Report Stage (resumed) and Final Stage.

It is proposed, notwithstanding anything in Standing Orders, that No. 9 shall be decided without debate. Private Members' business is No. 43, motion re road safety.

An Ceann Comhairle

There is one proposal to put to the House. Is the proposal for dealing with No. 9, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the revised agreement on social security between the Government of Ireland and the Government of Australia agreed? Agreed.

Mr. Kenny

Has there been any movement on the charities legislation to which the Taoiseach referred previously? Will he give me an update on the Children Act, sections 111 to 113? This has been on the carpet for a long time with nothing happening.

Deputy Enright introduced a Bill on the vetting of persons working with children. I refer to the necessity to publish legislation on a register of persons considered unsafe to work with children, which has been promised on a number of occasions. What is the position in this regard?

Did the Cabinet agree a national audit in respect of sexual abuse of persons by members of the clergy? If not, what decision was taken?

Fifth, what is the position regarding the legislative changes recommended in The Ferns Report on reckless endangerment, which have been promised by the Minister for Justice, Equality and Law Reform?

Finally, I endorse Deputy Rabbitte's comments earlier on the man of courage, the Minister of State at the Department of Transport, Deputy Callely——

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Kenny

It does arise and I will tell the Ceann Comhairle why.

An Ceann Comhairle

The Deputy has asked five questions. He will have to find another way to raise the issue.

Mr. Kenny

This is a matter of public interest because the advertisement states it is a preview of what is to come.

An Ceann Comhairle

It is not appropriate to raise this on the Order of Business.

Mr. Kenny

I want to ask the Taoiseach whether it is ethical that the public should be asked to pay for a mugshot of the Minister of State single-handedly sorting out Dublin's traffic for the next two months. I seek clarification that there will be an end to this and that this will be the last picture of Deputy Callely to appear in a daily newspaper at public expense.

An Ceann Comhairle

The matter was dealt with earlier on Taoiseach's Question Time. The Deputy is being disorderly. I call the Taoiseach on the legitimate questions asked by Deputy Kenny.

Mr. Kenny

The Minister of State cannot say why the late night DART will not stop at Tara Street or Grand Canal Dock. The Taoiseach put an end to this. Let us not have this anymore.

Mr. J. O’Keeffe

The Minister of State should apply for a job with the Keystone Cops. He probably would not be accepted.

Mr. Connaughton

Deputy Callely would make a great policeman.

Mr. Durkan

Who paid for the advertisement?

The Taoiseach

The charities regulation Bill is substantial legislation, which will involve statute law revision and restatement in addition to legislative reform provisions. It is being dealt with as speedily as possible. The legislation will regulate charities and it will be brought to the House as quickly as possible. I do not have a date but it has priority in the Department.

I have answered questions by Deputy O'Sullivan regarding legislation on a register of persons considered unsafe to work with children over the past few weeks. I raised it with my Northern counterparts last week when I was in the North to see if we can move ahead in other ways. I have people working on it to see if we can make progress as quickly as possible.

The Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, has enacted a number of key sections of the Children Act 2001. I do not know the sections off the top of my head but he took a large number of the outstanding sections recently.

The proposals on the audit of dioceses will be outlined today or tomorrow. A number of proposals were cleared by the Cabinet to ensure the framework used in 1996 and the procedures used for the Ferns inquiry — the interagency procedure throughout the country — will be taken forward. The decision has been made to move on with the proposals and the Minister for Justice, Equality and Law Reform will outline them.

Mr. Rabbitte

Can I ask about the ministerial code of conduct in terms of the business of Ministers promoting themselves at the taxpayers expense through advertisements? This particular one is called, "Planning Ahead for Christmas".

An Ceann Comhairle

This matter does not arise on the Order of Business and it was dealt with earlier.

Mr. Rabbitte

The point Deputy Kenny did not get an opportunity to put on the record is that the Minister of State is advertising that full details will be contained in a special supplement of the Sunday Independent.

An Ceann Comhairle

This does not arise on the Order of Business. The Deputy should find another way to raise this.

Mr. Rabbitte

We will get a special supplement with the Minister of State perched on top of it like a garden gnome on top of Liberty Hall.

An Ceann Comhairle

This does not arise on the Order of Business. There are an amount of ways the Deputy can raise the issue.

Mr. Durkan

Why does this not arise?

Mr. Rabbitte

The Minister of State tells us in a half page of the Evening Herald that there will be a full supplement in an upcoming edition of the Sunday Independent with several pictures of him in it.

An Ceann Comhairle

I ask the Deputy to resume his seat as he is being disorderly. It is not appropriate to display newspapers in the House.

Mr. Rabbitte

Is that an acceptable use of——

An Ceann Comhairle

The Deputy is out of order.

Mr. Rabbitte

The Minister of State's Fianna Fáil colleagues should not laugh because this is serious.

An Ceann Comhairle

The Deputy knows how to raise the matter if he has a problem with it. It is a matter for the Standards in Public Office Commission, not the House, if the Deputy has a complaint.

Mr. Rabbitte

Deputy O'Dea will probably have an article in the Sunday Independent supplement.

An Ceann Comhairle

I ask the Deputy to resume his seat. I call Deputy Sargent.

Mr. N. Dempsey

Deputy Rabbitte should be careful or Deputy Callely will send him a Christmas card with the photograph on it.

Mr. Kenny

The supplement will have to be pulled next Sunday.

Mr. Sargent

The Minister of State, Deputy Callely, does not need more of the oxygen of publicity. Given the awareness the Taoiseach has about the coast, particularly around Colt Island in Skerries, will the coastal zone management legislation be resurrected? I refer to the sea fisheries and maritime——

An Ceann Comhairle

I call the Taoiseach on the legislation.

Mr. Sargent

I am sorry. I was in the middle of stating the title of a Bill. It might be longer than the Ceann Comhairle would like but it is the sea fisheries and maritime jurisdiction Bill, which was due to come before the House but was withdrawn. Where stands the legislation?

The Taoiseach

That legislation was postponed, not withdrawn. It will be taken in the House next week. The coastal zone management Bill is gone off my list.

Mr. Boyle

It was on the Order Paper.

Ms Lynch

It has been stranded.

Mr. Quinn

It has been abandoned.

Mr. Coveney

More than three years ago, the then Minister for Communications, Marine and Natural Resources announced a significant increase in the television licence fee of more than 40% making it €155 a year.

An Ceann Comhairle

Has the Deputy a question on legislation?

Mr. Coveney

I am getting to the legislation. The broadcasting authority of Ireland was supposed be set up under section C of the broadcasting authority of Ireland Bill. It was promised within 12 months of the licence fee increase but it still has not been established three years later. Could I have an explanation for the delay? When will we see it?

The Taoiseach

There has been a period of consultation on the legislation but it is being drafted by the Parliamentary Counsel. The legislation is due next year.

Mr. Quinn

Did the Cabinet have sight of the building control Bill earlier? If not, did the Minister for the Environment, Heritage and Local Government report on when it is likely to be brought to Cabinet?

The Taoiseach

We have not received the Bill but I have asked for it to be expedited as soon as possible. I hope to report favourable news to the Deputy shortly but it may take another few weeks.

Caoimhghín Ó Caoláin

When will the motion of referral to committee of the report of Mr. Justice Barron into the murder of Seamus Ludlow come before the House? Will it be taken as a full debate rather than without debate, as has been the case in the past?

The Taoiseach

I must await the report back from the committee. However, if the House wishes to have a debate at that stage, it can be considered then.

Mr. Crawford

When will the forestry (amendment) Bill be introduced in the House? It is extremely important——

An Ceann Comhairle

Will the Deputy follow the example of his constituency colleague and just ask a question rather than making a statement?

Mr. Crawford

I want to find out if there will be a future for farmers. In light of the earlier comments by my party leader on the WTO talks, when will a debate on these talks take place?

An Ceann Comhairle

Is a debate promised?

The Taoiseach

Yes, it is scheduled to take place before the next WTO meeting in Hong Kong in mid-December. It would be better to wait until the various rounds of discussions have been completed. However, it will take place before the Hong Kong debate.

Mr. Stagg

Regarding promised legislation, I tabled a question to the Taoiseach concerning the reception of Irish television in England. The Taoiseach referred the question to the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, but he also wrote to me. I thank him for doing so, although I was not entirely satisfied with the answer. In his letter, the Taoiseach indicated that the broadcasting authority Bill would need to be amended to give authority to RTE to broadcast to England. I am aware that the Bill is due to be published next year. Does the Taoiseach agree to bring forward the amendment required to provide RTE with the authority to broadcast beyond the 32 counties? The Whips on this side of the House would certainly agree to this.

The Taoiseach

The Bill is being prepared but talks on a number of issues, including the matter raised by the Deputy, are ongoing. It would not be practicable to bring forward that section because it is subject to the full discussion of the Bill.

Mr. Stagg

I am afraid the Bill will not be introduced before next year.

Mr. Hayes

Two weeks ago, I had the opportunity to visit a young Tipperary man, Mr. Christy McGrath, in jail in England. What support can the Government give this young man?

An Ceann Comhairle

That does not arise on the Order of Business. The Deputy should submit a question to the appropriate Minister.

Mr. Hayes

I have done so. Could time be set aside between now and Christmas to discuss this important and unfortunate situation?

An Ceann Comhairle

That is why the Deputy should raise the matter in the correct manner.

Mr. Hayes

I ask the Ceann Comhairle to allow the Taoiseach to answer the question. Some 150 Deputies and Senators have signed up in support of this case so I implore the Taoiseach to allow time to be set aside to discuss this matter.

An Ceann Comhairle

Only time that has been promised can be discussed in the House.

Mr. Durkan

The Taoiseach is of a mind to answer.

The Taoiseach

The Minister for Foreign Affairs has been actively involved in this matter. If a question were tabled to him, he could report to the House. A question would be better than a debate.

Mr. Gilmore

Last spring, the House passed the Second Stage of a Labour Party Private Members' Bill on the completion of housing estates. It was referred to the Select Committee on Environment and Local Government. I have sought to have the Committee Stage of that Bill progressed. I have asked about this previously and I cannot find a trace of the Bill, either in the legislative programme published or on the Order Paper. What has happened to it? It seems to have disappeared from documentation relating to legislation.

The Taoiseach

This matter will have to be raised with the committee and I will do so.

Mr. Gilmore

I did that but the committee informed me that the Department will not be ready to deal with it until after Christmas. I am anxious that progress be made on this because it is important legislation. Will I receive a reply from the Taoiseach at some future point?

The Taoiseach

I will raise the matter with the Minister.

Mr. Ferris

I regret having to ask this question. For the past three years I have been trying to obtain an answer from successive Ministers for Health and Children on funding for Kerry General Hospital.

An Ceann Comhairle

This does not arise on the Order of Business.

Mr. Ferris

Yesterday I observed a woman of 74 years of age on a trolley. She had been there since 11 p.m. the previous night. I observed seven people on trolleys in Kerry General Hospital.

An Ceann Comhairle

This does not arise on the Order of Business. I ask Deputy Ferris to resume his seat.

Mr. Ferris

No beds were available. Four people were——

An Ceann Comhairle

It is not appropriate to the Order of Business. I ask Deputy Ferris to resume his seat. He is totally out of order.

Mr. Ferris

I have been trying to get an answer in respect of this matter for three years. It is an absolute disgrace.

An Ceann Comhairle

Does the Deputy wish to leave the House?

Mr. Ferris

I wish to have an answer to my question.

An Ceann Comhairle

The Deputy must leave the House if he does not resume his seat. The choice is his.

Mr. Ferris

I wish to have an answer to my question.

An Ceann Comhairle

Deputy Ferris is to leave the House for being disorderly.

Mr. Rabbitte

The Ceann Comhairle should be reasonable.

Mr. Gilmore

Deputy Ferris is very well-behaved.

Deputy Ferris withdrew from the Chamber.

Mr. Durkan

In view of the importance of the energy industry, when will the Minister for Communications, Marine and Natural Resources bring forward the natural gas Bill?

Regarding the issue raised by Deputies Kenny and Rabbitte, who authorised the expenditure incurred in respect of the advertisement, which featured Ivor the engine? Was permission sought at a higher level of the Department? The Minister of State cannot authorise this.

An Ceann Comhairle

This does not arise on the Order of Business. The Deputy's colleagues are offering and I would like to facilitate them.

Mr. Howlin

I refer to one item of secondary legislation and one item of primary legislation. Regarding the promised repeal of the Restrictive Practices Groceries Order 1987, announced today, when will that statutory instrument be signed and brought before the House? Regarding the promised amendment to the Competition Act 2002, announced today by the Minister for Enterprise, Trade and Employment, when will that legislation be published and will both events happen coterminously?

The Taoiseach

The latter requires primary legislation because it is an amendment of the Competition Act and the Government is keen to complete this prior to Christmas, with the co-operation of the House. It would make sense to do this quickly.

Mr. Howlin

Is the Taoiseach stating that the groceries order will stay in place until the amendments to the Competition Act are enacted?

The Taoiseach

It cannot be rescinded until the legislation is passed. Primary legislation is required.

Mr. Howlin

Will both events happen at the same time?

The Taoiseach

Yes. That is why it makes sense to do this quickly.

Mr. Boyle

Prior to such amending legislation being introduced, is it the intention of the Minister for Enterprise, Trade and Employment to come before the House to explain the reasons for the repeal of the groceries order and to inform it of the reasoning behind this decision?

The Taoiseach

The Minister is publishing the full report and I am sure he will be anxious to——

Mr. Boyle

He is doing so outside the House. I ask that it be done in the House.

Mr. McEntee

Regarding the animal health Bill, in light of untagged cattle being rustled across the border to Brazil and ending up in the food chain in Europe, can this Government stand up for Irish farmers? With the amount of beef coming in, it is unfair that this happens when the farming community in Ireland provides beef at such a high standard.

The Taoiseach

I do not have a date for the animal health Bill but the heads have been approved.

Mr. S. Ryan

My hearing is not so good today so I ask if the Taoiseach has committed to a debate on the abandoned migrant workers.

The Taoiseach

I have not committed to that.

Mr. Broughan

I raise the same question, given that the Taoiseach is in an affable mood. He is supposed to be finding November difficult. Could we have a debate on this outrageous state of affairs?

An Ceann Comhairle

That matter has already been dealt with.