It is proposed to take No. 3, the Finance Bill 2006 — Second Stage, resumed. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight, business shall be interrupted on the conclusion of Private Members' business, which shall be No. 41, motion re Irish farming sector, resumed, which shall be taken after 90 minutes at 7 p.m. or at the conclusion of No. 3, whichever is the later, and the proceedings of the resumed Second Stage of No. 3 shall, if not previously concluded, be brought to a conclusion at 7 p.m.
Order of Business.
There are two proposals to be put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 3, conclusion of Second Stage of the Finance Bill 2006, agreed?
It is not agreed.
The Minister for Finance, in last night's debate, declared that the Government has made a decision not to undertake a cost benefit analysis on tax breaks for psychiatric hospitals, institutions and mental care centres. This is in stark contrast to what the Taoiseach just stated. There is no opportunity to debate this in the course of the Finance Bill.
The proposal relates only to the taking of the Finance Bill. The Deputy is opposed to the taking of the Finance Bill.
We are objecting to it being guillotined because we have no opportunity to discuss this really important issue of tax breaks for investment in Irish psychiatric health care.
I object to the guillotine applying to Second Stage of the Finance Bill this evening. For the reason Deputy Burton highlighted, and others allied to it, the Government is only too delighted to see a guillotine apply, with less opportunity provided to Members to draw attention to and tease out the salient items in the Finance Bill and those that are not so. This is against the backdrop of the publication on Monday of the review of tax reliefs which saw €37 million having been given to private hospitals since 2001. We are hearing now of — the Bill intends to accommodate this — an extension of these reliefs to those who will provide private mental health care. Given the completely underfunded and under-resourced mental health care system and network throughout the State, it is bizarre that the Government will provide public moneys to support private care, which will allow a two-tier system of mental health provision.
We cannot debate the Finance Bill now, but only the reason you are opposing it.
I will not do so. We will see a two-tier system of mental health provision here, where on the one hand those who can buy access will get the best treatments and speediest access possible while everybody else will have to languish and wait, just as we must do in the case of the public health system through the network of hospital sites. It is no wonder the Taoiseach wants to see a guillotine on this and I absolutely oppose it. The Finance Bill needs to be properly addressed and all Members in this House should be accommodated with the opportunity to participate in Second and Subsequent Stages.
I totally agree with the Deputy that the Bill should be teased out, and that is the purpose of Committee Stage.
On a point of order, many of the amendments will not be reached on Committee Stage.
Question put: "That the proposal for dealing with No. 3 be agreed."
The Dáil divided: Tá, 69; Níl, 58.
Tá
- Ahern, Bertie.
- Ahern, Dermot.
- Ahern, Michael.
- Andrews, Barry.
- Blaney, Niall.
- Brady, Johnny.
- Brady, Martin.
- Brennan, Seamus.
- Callanan, Joe.
- Carey, Pat.
- Carty, John.
- Cassidy, Donie.
- Coughlan, Mary.
- Cowen, Brian.
- Cregan, John.
- Cullen, Martin.
- Curran, John.
- Davern, Noel.
- de Valera, Síle.
- Dempsey, Noel.
- Dennehy, John.
- Devins, Jimmy.
- Ellis, John.
- Finneran, Michael.
- Fitzpatrick, Dermot.
- Fleming, Seán.
- Fox, Mildred.
- Gallagher, Pat The Cope.
- Glennon, Jim.
- Hanafin, Mary.
- Haughey, Seán.
- Jacob, Joe.
- Keaveney, Cecilia.
- Kelleher, Billy.
- Kelly, Peter.
- Killeen, Tony.
- Kirk, Seamus.
- Kitt, Tom.
- Lenihan, Brian.
- Lenihan, Conor.
- McDowell, Michael.
- McEllistrim, Thomas.
- McGuinness, John.
- Martin, Micheál.
- Moloney, John.
- Moynihan, Donal.
- Moynihan, Michael.
- Nolan, M. J.
- Ó Cuív, Éamon.
- Ó Fearghaíl, Seán.
- O’Connor, Charlie.
- O’Dea, Willie.
- O’Donnell, Liz.
- O’Donovan, Denis.
- O’Flynn, Noel.
- O’Keeffe, Batt.
- O’Keeffe, Ned.
- O’Malley, Fiona.
- O’Malley, Tim.
- Parlon, Tom.
- Sexton, Mae.
- Smith, Brendan.
- Smith, Michael.
- Wallace, Dan.
- Wallace, Mary.
- Walsh, Joe.
- Wilkinson, Ollie.
- Woods, Michael.
- Wright, G. V.
Níl
- Allen, Bernard.
- Boyle, Dan.
- Breen, James.
- Breen, Pat.
- Broughan, Thomas P.
- Bruton, Richard.
- Burton, Joan.
- Connaughton, Paul.
- Connolly, Paudge.
- Cowley, Jerry.
- Crowe, Seán.
- Cuffe, Ciarán.
- Deasy, John.
- Deenihan, Jimmy.
- Durkan, Bernard J.
- English, Damien.
- Enright, Olwyn.
- Ferris, Martin.
- Gilmore, Eamon.
- Gormley, John.
- Hayes, Tom.
- Healy, Seamus.
- Higgins, Joe.
- Higgins, Michael D.
- Hogan, Phil.
- Howlin, Brendan.
- Kehoe, Paul.
- Kenny, Enda.
- Lynch, Kathleen.
- McCormack, Pádraic.
- McGinley, Dinny.
- McGrath, Paul.
- McHugh, Paddy.
- McManus, Liz.
- Mitchell, Olivia.
- Morgan, Arthur.
- Moynihan-Cronin, Breeda.
- Murphy, Catherine.
- Naughten, Denis.
- Ó Caoláin, Caoimhghín.
- Ó Snodaigh, Aengus.
- O’Dowd, Fergus.
- O’Keeffe, Jim.
- O’Shea, Brian.
- O’Sullivan, Jan.
- Pattison, Seamus.
- Perry, John.
- Rabbitte, Pat.
- Ring, Michael.
- Ryan, Eamon.
- Ryan, Seán.
- Sargent, Trevor.
- Sherlock, Joe.
- Shortall, Róisín.
- Stagg, Emmet.
- Stanton, David.
- Twomey, Liam.
- Upton, Mary.
Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Kehoe and Stagg.
Question declared carried.
I would like to raise No. 67, the judicial council Bill, which is to provide effective remedies for complaints about misbehaviour, including lay participation in the investigation of complaints. When are we likely to see that Bill published? It is scheduled for the middle of 2006.
Is it intended that the Sea-Fisheries and Maritime Jurisdiction Bill 2005 be retrospective? The Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, stated in his letter to the chairman of the committee that is discussing the matter——
I am sorry, but we cannot discuss the fisheries Bill in the House.
This is very important.
It may well be important, but there is a long-standing tradition in this House that when the Bill is before the committee, it is the committee that deals with it.
I know of that tradition, but there is complete confusion. I am asking the Taoiseach a question.
It is not a matter for this House until the committee reports back to it.
I want to know this. The Minister for Communications, Marine and Natural Resources has said in a letter that a small group of fishermen has deliberately flouted the law and made substantial sums.
I am sorry, but it does not arise on the Order of Business. I ask Deputy Kenny to accept the rulings of the Chair.
I will accept the rulings of the Chair.
That ruling has been there since the committees were established.
My question is whether this Bill will deal with that matter.
I am sorry, but as the Chair has pointed out, when a Bill is referred to a committee, what happens is that the affairs of the committee cannot be discussed. That is a matter for the committee, which will discuss the Bill.
I will answer when Fine Gael stops filibustering.
The committee refused to discuss the Bill until the contents had been discussed.
The Deputy should tell his members on the committee to get in there, and we will answer the question.
I want to know if the Minister's Bill is attempting to deal with something retrospectively.
I am sorry, but it is a matter for the committee to discuss.
He said that a small number of fishermen deliberately flout the law and make substantial sums. He has set the entire coastal community——
I am sorry, but we must allow for the committee to discuss it.
(Interruptions).
Let us not get upset.
The legislation is a matter for the committee, which will debate it section by section, decide and report back to the House, which will then have another opportunity.
The committee has decided not to discuss the Bill until this matter has been dealt with. The chairman of the committee is a representative of the Fianna Fáil Party.
I am sorry, but it will be back in the House on Report Stage, when the Deputy will have an opportunity.
He has been told by his Minister that a small number of fishermen have deliberately flouted the law and made substantial sums.
(Interruptions).
I ask the Deputy to accept the rulings of the Chair and not to argue with it. The Chair has ruled on the matter in accordance with precedent.
Far be it from me to argue with the Ceann Comhairle, but this is an important matter of great interest.
It will be dealt with in the way that the House has always done so.
Last night I saw the Minister for the Environment, Heritage and Local Government, Deputy Roche, return flushed from the deserts of Dubai. He was red-faced with embarrassment trying to answer questions on the nitrates directive. The Minister for Agriculture and Food, Deputy Coughlan, is not here. She has abandoned the House, just as she has abandoned Irish farmers.
Once again, that matter is before the House on Private Members' business.
I want to know from the Taoiseach what the Minister, Deputy Roche, between closing down Sellafield and dealing with Wrigley's chewing gum, will do about Part 3 of the regulations, which he has withdrawn.
It does not arise. I call the Taoiseach on the first question. I suggest that the Deputy submit a question to the Minister.
This is the legislation on the implementation of the nitrates directive. It is SI 788 of 2005. These are the regulations being implemented by the Government.
We cannot go into the detail on the Order of Business.
They do not take into account the scientific evidence provided by Teagasc, which makes us proud by telling us that we have the cleanest water in Europe. However, the Minister for Agriculture and Food, Deputy Coughlan, abandoned it to the Minister for the Environment, Heritage and Local Government, Deputy Roche, who has no regard whatsoever for agri-economics or the confusion that he will now cause.
I am sorry, but the Deputy knows he is trying to drive a coach and four through the Order of Business.
I want to know from the Taoiseach what will now happen to Part 3 of the regulations, which he has withdrawn, and whether the Government intends to withdraw the statutory instrument entirely and reintroduce it to the House in a fashion that can be implemented.
He should withdraw the lot and recast it.
The judicial council Bill is due in 2006. The draft heads are being prepared in the Department, taking into account work completed by the constitution review group, the Joint Committee on the Constitution, and the Chief Justice's committee on judicial ethics. On Part 3 of the nitrates regulations, the EU (Good Agricultural Practice for Protection of Waters) Regulations 2005, the Minister for the Environment, Heritage and Local Government, Deputy Roche, has announced that there will a short deferral to deal with nutrient management.
Has the regulation been withdrawn?
I call Deputy Rabbitte without interruption.
Has it been withdrawn?
Did the Deputy hear what I said?
Did the Taoiseach hear what I asked him? Has the regulation been withdrawn?
(Interruptions).
I call Deputy Rabbitte without interruption. I ask the Minister and Deputy Jim O'Keeffe to allow Deputy Rabbitte without interruption.
After the appearance from Dubai, it is no longer possible to blame Teagasc. Last night's programme largely made clear that Teagasc is not to blame.
I am sorry, but we cannot have a discussion on it.
The Minister went ahead and made his own decisions, for which he should answer.
Why is there still a vacancy in the second tier of Government, and when does the Taoiseach propose to fill it?
Shortly.
Perhaps the Taoiseach might say what he means by "shortly".
I wish to ask about promised legislation. Regardless of the law of the land applying, it seems the Government has difficulty in agreeing on the law of the sea when it comes to promised legislation. I talk not only of fisheries but of the harbours Bill, which was in the Department of Communications, Marine and Natural Resources but is now in the Department of Transport. On the Bremore development, it seems that Fianna Fáil and the Progressive Democrats hold diametrically opposed views. When can we have the harbours Bill published by whatever Department is now responsible? We have been told that it is pending, but we have heard that before.
We cannot have a debate.
The legislation is due in 2006.
Again.
When will we see legislation or ministerial orders to establish the new national Irish heritage trust?
Legislation is being prepared. I am not sure when it will be ready, but the Minister for the Environment, Heritage and Local Government, Deputy Roche, is working on it.
In a few months, we face complete gridlock on the M50, and particularly the West Link, since the Dublin Port tunnel will be adding an additional 2,500 trucks to it every day. That is because of the Minister's inability to deal with this problem and plan ahead. Among the things that he had promised to do was introduce legislation to allow for open-road tolling last autumn. We still have not seen it. How much longer must we wait, and when will there be action from the Minister on this issue?
The legislation is being prepared at present.
At present. When can we expect to see it?
Later in the year, as soon as it is ready.
When can we expect any solution to the problems of the West Link?
The legislation will be prepared this year, but some other Bills have preference. The infrastructural Bill has priority, and the same section is drafting it.
Does the Taoiseach accept we are facing complete gridlock with an extra 2,500 trucks on the West Link?
I call Deputy Ó Caoláin. Deputy Shortall cannot have a debate on the matter.
I accept that it is necessary.
I call Deputy Ó Caoláin.
What will be done about it? The Government has known about the port tunnel for years.
I ask Deputy Shortall to resume her seat and allow Deputy Ó Caoláin to contribute.
"Nothing" is the answer, just as with everything else for which the Minister is responsible.
No, it is just hot air coming from over there.
I ask the Minister to allow Deputy Ó Caoláin to contribute without interruption.
(Interruptions).
A tyre pressure gauge — that is the only way.
Three Bills relate to health. I wish to ask regarding the health (nursing homes) (amendment) Bill, the hepatitis C and HIV compensation tribunal (amendment) Bill, and the health (repayment scheme) Bill, formerly the repayment scheme for charges for publicly funded residential long stay care Bill.
Under the current programme each of these is promised for this spring session. Will the Taoiseach advise the House in what order of priority they will be presented and will he reaffirm they will be published in this session?
They are all due in this session. Priority was given to the nursing homes Bill.
A recent survey in the UK disclosed tens of thousands of visits to child porn Internet sites over a long period of time. Will the promised legislation affecting this area be brought to the House as a matter of urgency? The electronic communications miscellaneous provisions Bill seems to be the obvious vehicle to control this unwarranted and dangerous practice, which is growing. Will the Taoiseach indicate whether he and the Minister will move with urgency on this issue?
The Bill is due this year. Strong legislation to deal with child pornography has been on the Statute Book for a number of years. This country was well advanced in dealing with this matter as the legislation was passed several years ago.
There has been some dispute about that.
In view of the number of new properties for sale, the ambiguity surrounding property management companies and the sometimes disgraceful advice being given by the legal profession to their clients, when will legislation be introduced to regulate these property management companies?
Is legislation promised?
The Minister promised it in the House.
I am not sure which Act deals with this.
The Taoiseach should tell us.
The Minister is preparing proposals but I cannot recall the relevant Act.
What about all the people buying houses who are being snookered by this?
Will the Taoiseach inform the House when the promised human tissue legislation will be introduced? It is probably ten years since the Medical Council first urged the Government to produce a medical practitioners Bill. When will we see that legislation?
Which legislation?
I cannot hear the Taoiseach.
It will be later this year, in the autumn.
Is the Taoiseach saying that both those Bills will be ready?
No. The medical practitioners Bill will be ready in the autumn.
What about the other legislation?
There is no human tissue legislation listed.
It has been promised for some time. Will the Taoiseach come back to me on that issue?
Yesterday I raised the issue of legislation governing the tenant purchase scheme for local authority housing. The Taoiseach had not been briefed at that stage but I believe he has now been briefed. Will such legislation be contained in a new social housing Bill?
I believe I answered the Deputy's question. Legislation is being prepared on tenant purchase.
Will the provisions be included in a new social housing Bill?
I am not sure.
I will raise this matter again next week. I understood the Taoiseach had been briefed in the meantime.
I believe my office contacted the Deputy regarding this matter.
The Department for the Environment, Heritage and Local Government contacted me.
A phone call.
In view of the fact that the child care supplement will not be paid until very late in the year, perhaps as a Christmas bonus, when will legislation be introduced to establish the new children's office?
There is no truth in that view about the payments; they will be made when they are due.
This House deals with legislation. Will the Taoiseach investigate the situation whereby the Constitution does not allow people to be treated equally? People have been waiting eight years for urology services in Galway. We need a urology service as 1,000 people are waiting.
The matter does not arise on the Order of Business. The Deputy will have to find another way of raising the matter.
With reference to an earlier question, does the Taoiseach intend to make a number of appointments in his reshuffle? I notice a couple of distinguished Fianna Fáil backbenchers are assiduously following proceedings and they might be recommended for promotion.
The Taoiseach will be present on Sunday at the Stardust memorial function. I refer to the matter I raised on the Adjournment of the House last night. Will the Taoiseach give consideration to establishing another inquiry into the causes of the disaster and its investigation?
That question was raised yesterday on the Order of Business.
I raised it last night.
The Deputy cannot raise it again.
The Taoiseach is a fellow northsider. I wish to make a brief point on legislation. Yesterday the Ceann Comhairle underlined part of the question I asked him, whether the Minister for Communications, Marine and Natural Resources had sought the advice of the Attorney General——
That does not arise.
It relates to legislation. I understand the Ceann Comhairle misled me.
What legislation?
I asked about four or five European Union regulations concerning administrative fines. I asked whether the Attorney General had seen the Minister's——
The Deputy cannot discuss that matter here. He will have to find another way of raising it.
The Ceann Comhairle misled me. We cannot make progress on the fisheries Bill. We do not know where we stand. The Ceann Comhairle misled the House in the reply he gave me.
The House is moving on to the next business. The Chair has already ruled on that matter. I wish to make it clear to Deputy Broughan that we will not discuss legislation that is before a committee. It has never been the practice here and it is not the practice now. It is a matter for the committee.
The committee cannot get going. We are stopped dead in the committee. As the leader of Fine Gael said, we cannot make progress.