It is proposed to take No. 19, Health (Nursing Homes)(Amendment) Bill 2006 — Second Stage, resumed; and No. 2, National Oil Reserves Agency Bill 2006 — Order for Second Stage and Second Stage.
Order of Business.
In light of the report of the Committee of Public Account which showed that half the speed camera photographs taken were useless, with 20,000 drivers denying they were driving at the time and only 56% of notices issued resulting in payment being made by the end of 2003, does the Tánaiste agree with the view of the former Taoiseach, the late Charles Haughey, that this is the worst Government in the history of the State——
It does not arise on the Order of Business.
——because it cannot seem to get anything right?
Has Deputy Kenny a question appropriate to the Order of Business?
That is the first shot.
Missed.
Three weeks ago we saw the Government in chaos, when the Taoiseach abandoned the country to go to America, Ministers could not get their stories straight and there was nobody in charge——
Has Deputy Kenny a question appropriate to the Order of Business?
——and today we have some evidence of that in the newspapers. Does the Tánaiste agree that on mid-summer's day, there is trouble in paradise? When can we expect the publication of the Harris report into the status of spoken Irish in primary schools?
I will allow the third question.
The Tánaiste wants to answer the other two as well.
I would prefer if we did not have a debate on issues that are not appropriate to the Order of Business.
I am sure the Tánaiste would too.
No legislation is planned on the second matter Deputy Kenny raised, to the best of my knowledge.
Is the Tánaiste sure?
Is it a serious challenge?
Unlike Fine Gael, we do not adopt a change of leadership strategy before elections.
Is the Tánaiste denying the meeting took place?
I do not have a specific publication date for the Harris report and I will come back to Deputy Kenny on the matter.
I shared a constituency with the Tánaiste for many years.
Deputy Rabbitte would not like to lose her.
I want to explain that I do not switch sides and I express solidarity with her.
She has Deputy Rabbitte's vote.
Returning to the Order of Business, is that what Deputy Rabbitte was going to say?
Is it a serious challenge?
May I come back to the question raised, given the importance of the issue of road safety? What exactly is the Government's explanation for installing cameras, half of which are described as defective?
It does not arise at this stage. If Deputy Rabbitte wishes to raise the matter, there are many opportunities when he may do so today, or on Leaders' Questions next week if he so wishes. It is not appropriate to the Order of Business.
That is true, but the question of road safety is important. As the late Mr. Haughey said, nothing this Government does seems to work.
If Deputy Rabbitte has a question appropriate to the Order of Business, we will hear it. Otherwise we can move on to Deputy Gormley.
There are electronic voting machines that do not work and a computer system in the health services that does not work. Are the cars travelling too fast for them to be photographed? What exactly is the problem?
Deputy Rabbitte is out of order.
Perhaps they did not take the lens cap off the camera.
If Deputy Rabbitte has a question appropriate to the Order of Business, we will hear it. If not, we will call Deputy Gormley.
A Deputy
The cameras are not working.
Deputy Rabbitte is not working either.
Is there film in the camera?
The issue cannot be debated now. If the Deputy wishes to raise it later, the Chair will facilitate him. I call Deputy Gormley.
Let us have a photo call.
I wish to raise another issue. The Taoiseach undertook to come back to me on the printing and publication of the Barr report on the shooting of John Carty. Has progress been made on that? Will it be published and will an opportunity be provided to debate the report in the House before it rises for the summer recess?
It will not be published before the Dáil goes into the recess. The intention is to publish it during July and to have a debate in the House as soon as possible.
This shooting happened in 2000 and Mr. Justice Barr concluded his inquiry in 2004.
We debated this yesterday and the Deputy is being repetitive.
No, we did not.
Members are complaining about not getting on with the business of the House, but if we repeat the same issues——
This is the business of the House.
It was discussed yesterday.
A citizen was killed in an incident about which we know well.
But it is not appropriate to debate it on the Order of Business.
How is it that reports will be churned out after the House goes into recess?
The Deputy is out of order.
The same is happening with the Dalton report. Every journalist in the country has a version of the Dalton report but it has still has not been made available to Members of this House weeks later.
We cannot debate these issues. I ask the Deputy to resume his seat and to allow Deputy Gormley who has been called to proceed.
The Chair is very unfairly trying to clamp down on pertinent questions about road safety, the publication of reports and so on.
The Deputy is correct. The Chair is clamping down on Members abusing the Order of Business. Members complain morning after morning that we are not doing the business we are supposed to do.
I greatly resent the claim——
The Chair has an obligation to ensure the time of the House is not wasted. I call Deputy Gormley.
Road safety is not wasting the time of the House and I resent the claim that we are abusing it. The Barr report is a matter of fundamental public interest——
What is abusing the time of the House is trying to drag a coach and four through the Standing Orders.
——and it is not right that the Government should deliberately contrive to publish it when the House is in recess.
That does not arise at this stage. The Deputy has other opportunities to raise the issue.
I refer to two Bills promised by the Minister for Justice, Equality and Law Reform, whom the Tánaiste threatened to sack this week — the defamation Bill and the fines Bill. They were on the A list last session and this session but we are approaching the end of this session. Is the Tánaiste planning emergency legislation to deal with the Minister for Justice, Equality and Law Reform's ego, which is clearly out of control?
Both Bills will be published this session. The Minister is working hard on both.
Are they on the accident and emergency list?
Is the Minister working hard on becoming leader?
Is the Tánaiste trying to keep him occupied?
He is working hard to deal with the Deputy in Dublin South-East.
He will need to work very hard.
He cannot stop crime on the north side.
He was not present for the division last night on the Poolbeg peninsula incinerator.
He was around the House and he was not paired.
A diplomatic absence.
Given that the Dalton report has been unofficially published in various sectors of the media through leaks——
Has the Deputy a question appropriate to the Order of Business?
There was a further leak only two days ago. Will the Tánaiste confirm that the Dalton report will be published before the Dáil rises for the summer recess? Will time be made available to discuss it over the next two weeks?
The Minister for Arts, Sport and Tourism will bring the report to Government next week. It is hoped it will be published after that.
Will it be debated in the House?
That is the intention if it is dealt with by the Government next week.
One great legacy of the Government that my party leader did not mention is the massive bill the taxpayer must pay to people in nursing homes. It is estimated €1 billion will be repaid and for this year alone, €350 million——
Has the Deputy a question relevant to the Order of Business?
I have a question if the Chair would give me a chance to ask it. A total of €350 million will be repaid this year. When will the Supplementary Estimate come before the House? Is the Tánaiste aware that the Health Service Executive is not complying with the Freedom of Information Act 1997?
That does not arise on the Order of Business.
Only this morning, I received a complaint about the Tánaiste's Department in this regard. The Tánaiste is responsible for the health service and she is also responsible to ensure it complies with the law.
There are ways of raising these matters that are in order.
The law is stated in the Freedom of Information Act.
The Tánaiste is present as acting Head of Government, not as Minister for Health and Children.
How does she intend to deal with the fact that the HSE is not complying with the law?
That does not arise on the Order of Business. I call the Tánaiste on the first question. The Deputy should table a parliamentary question to the Minister for Health and Children on the second matter.
There is not much point in us asking about legislation if it is not even being complied with by the HSE.
The normal procedure is to introduce a Supplementary Estimate later in the year to deal with the first matter. The Deputy is correct that approximately €350 million will be repaid this year. We allocated €400 million in the budget for this purpose and the intention is to pay the remainder next year. A company has been identified to handle the administration of this and a contract has been entered into with the HSE.
On the second matter, there are clear lines of responsibility regarding who is responsible for enforcing freedom of information legislation and it is not Ministers. Under the Act, each Department or agency affected is required to have a designated officer and they are obliged to adhere to the law. There is no discretion on that matter.
They are not doing it.
I will pursue the matter raised by the Deputy.
I thank the Tánaiste.
Given the continuing massive increases in house prices and mortgage interest rates, which are crucifying young, first-time buyers, will the Government bring forward the housing (miscellaneous provisions) Bill to address a number of issues, including profiteering developers, unfinished estates and greater powers and resources for local authorities to provide homes for the 44,000 people on housing waiting lists? Will the legislation be brought forward this year?
No, next year.
The Defence (Amendment) Bill was published earlier. It was scheduled to be debated this time last week, even though it had not been before Cabinet or published. The Bill will be introduced in the Seanad where all Stages will be taken in the same week. It will then be sent to the Dáil where all Stages will be taken in a day. However, the text of the legislation raises serious questions about whether our troops are deployed legally in Kosovo.
Has the Deputy a question appropriate to the Order of Business?
A guillotine will be imposed on the legislation. Defence (amendment) Bills are not often introduced in the House. Will the legislation be rushed through both Houses during the final two weeks of the session without us having an opportunity to debate it?
There is no proposal before the House to guillotine the Bill.
The Labour Party has stated for the past few years that there is a serious question about the legality of the deployment of our troops abroad where there is not an established United Nations mandate.
That does not arise on the Order of Business. The Deputy will have an opportunity to raise that issue when the Bill is debated.
This legislation is an attempt to legalise what was done previously and it is being rushed through the House without an opportunity to debate it.
The legislation cannot be debated now. There is no proposal before the House about a guillotine.
Can the Tánaiste assure the House that the Bill will not be guillotined and both Houses will have a proper opportunity to debate it?
One can never give assurances about when one would use a guillotine.
Such as on Deputy McDowell's head.
Heads will roll.
The intention is to reach agreement among the Whips on that matter.
Deputy McDowell has been warned.
As a brief preamble, given that the record demonstrates that my preambles are quite short, it is mid-summer again and people as young as 12 can be seen drunk on the streets. They order from off-licences by getting other people to order their drink. In that context, I see it is proposed to publish the sale of alcohol Bill by mid-2006. It is now mid-2006 and, unless the Bill is published within the next two weeks, it will not be published until the autumn. Will it published within the next two weeks?
I am unsure. I must come back to the Deputy on that matter.
An answer is pending.
I call Deputy Gilmore.
My brief suggests the Bill will be published in late 2006.
It is already late.
It is later than the Tánaiste thinks.
The Building Societies (Amendment) Bill was published a little more than a week ago. It had been in preparation for approximately three years. Is it true that the Government intends to pass all Stages of this Bill through the Oireachtas in the course of the next two weeks?
I understand the Chief Whip has been in discussions with other party Whips on that matter.
I call Deputy Cowley.
On the manner in which the House orders its business, if that is the intention, how is it proposed to do so? The Bill has not yet come before the House for its Second Stage debate and another Bill from the relevant Department is before the committee which will consider it. Only a quarter of the amendments for the latter were considered yesterday. Can the Tánaiste explain how, in terms of ordering the business of the House and its committees, it is intended to have the Building Societies (Amendment) Bill passed?
It is a matter for the Whips to discuss the ordering of the business of the House.
No, it is not. This pertains to the ordering of the business of the House and this is important business.
Does the Tánaiste wish to comment?
I am asking a question which is perfectly in order.
That legislation has not been ordered for next week.
Does that mean it will be passed within a week?
We cannot have a debate on this matter. I call Deputy Cowley.
So much for parliamentary scrutiny. No wonder the lawyers are making a fortune.
Please allow Deputy Cowley to speak. Deputy Cowley has been called.
I wish to raise three matters relating to legislation. Deputy Gogarty spoke on the legislation dealing with alcohol. While legislation already exists to ensure traceability for young people who are sold alcohol at off-licences, at present that legislation has not been implemented. Although the legislation exists, it has not yet been commenced and it should be.
The second point relates to the Road Traffic Bill which is going through the House. Will further legislation be required. At present, a person who has been involved as a driver in a fatal accident can walk away without being breathalysed. That point has not been covered in the present legislation.
Does the Deputy wish to ask a question on legislation? The Deputy may debate this matter on the Bill that is going through the House at present.
Yes. However, I want to ascertain whether new legislation is proposed.
Is new legislation proposed?
No.
No new legislation is promised. I call Deputy Lynch.
I wish to raise a third matter. I wrote to the former Minister for the Environment, Heritage and Local Government, Deputy Cullen, about a chewing gum tax. It relates to the principle that the polluter pays——
Is legislation promised?
——and the cost of cleaning it up. However, it came to a sticky end because the US ambassador intervened on behalf of the Wrigleys company and the matter was not pursued
Is legislation promised?
Will it be pursued now?
No legislation is promised.
No legislation has been promised. I call Deputy Lynch.
The Tánaiste wriggled out of that.
It was a sticky question.
In respect of the Disability Act, has the Government any intention of introducing secondary legislation to ensure that taxis which are wheelchair accessible and which received their licences at a reduced rate will be available to people who need them?
Is legislation promised?
All such matters are dealt with by way of sectoral plans.
While I genuinely do not mean to be disruptive, this is not under the sectoral plan because I have made inquiries. It appears to be very haphazard and no one appears to have any responsibility.
I suggest the Deputy submits a question to the appropriate Minister because this is a matter to be teased out.
This is why I am asking this Minister.
I call Deputy Finian McGrath.
I submitted a question and that was the answer I received.
As for the Order of Business, will the Tánaiste invite the Taoiseach into the Dáil today to apologise to my colleague, Deputy Joe Higgins, for the strong, personalised attack he made in the Chamber yesterday?
It does not arise on the Order of Business. I call Deputy Broughan.
Does she accept that any person who has been elected to the Seanad or the Dáil is not a failed person? This is a serious matter and the Tánaiste should invite the Taoiseach before the House, either today or early next week, to apologise to my colleague, Deputy Joe Higgins.
He was so hurt that he did not come into the House today.
The Deputy was also a distinguished former member of the Labour Party.
A Deputy
Former member.
Will the proposed single electricity market Bill now appear or is it intended to incorporate it as an amendment to the Energy (Miscellaneous Provisions) Bill?
Is it true that a group of important positions within the Health Service Executive, namely, the capital or facilities programme managers, are not being appointed by——
It does not arise on the Order of Business. The Tánaiste is to reply on the legislation pertaining to the first question.
Are they being appointed by open competition?
I suggest the Deputy submits a question on the second matter.
Or is it simply Buggins' turn?
The Tánaiste is to reply to the first question.
The legislation is being drafted by the Minister and will be available before the end of the session.
I have another question regarding the Building Societies (Amendment) Bill. Given that it deals with financial institutions, can the Tánaiste explain why it is being introduced under the aegis of the Department of the Environment, Heritage and Local Government? The effect of the Bill will be to significantly enrich a small number of individuals. Moreover, I do not believe she answered Deputy Gilmore's previous question in this regard. Can she confirm that this Bill will not pass all Stages before the House rises for its recess——
This does not arise on the Order of Business
——and that proper consideration will be given to its contents?
Responsibility for regulating or for dealing with building societies has rested with the Department of the Environment, Heritage and Local Government for many years. This is why that Minister is sponsoring the legislation. As stated earlier, the intention is that the Government Chief Whip will discuss the timing of this matter with the other Whips.
I call Deputy Kenny.
It is unlike the Ceann Comhairle to pause in such a fashion.
It is a bad habit to call any Member twice.
I understand. This is relevant. Yesterday, I raised with the Taoiseach a question arising from the O'Neill report into the Health Service Executive. I refer to its recommendation that, where the HSE in its visits to nursing homes——
This does not arise on the Order of Business.
It does, in the sense——
It does not. The Deputy should progress in a manner appropriate to the Order of Business.
The report recommended that, when the HSE uncovers a poor service, the families of patients should be informed. Will the Tánaiste ensure this happens forthwith?
It does not arise. That is a health related question. I call Deputy Rabbitte.
The Ceann Comhairle is quick to state that matters do not arise. The television programme, "Prime Time Investigates", investigated this issue last year and showed an appalling lack of treatment in certain nursing homes for some patients.
Sorry, Deputy——
I am raising a matter that the HSE should——
It is an appropriate matter to raise at an appropriate time, not on the Order of Business. The Chair will facilitate the Deputy on the Adjournment this evening.
Is the Ceann Comhairle telling me that in the national Parliament, I cannot raise an issue concerning the care of the elderly in nursing homes——
I call Deputy Rabbitte.
——which the Health Service Executive has identified as having an inferior level of service?
I will allow the Deputy to raise this matter on the Adjournment.
Is the Ceann Comhairle telling me that this matter is not relevant?
I am telling the Deputy that I will allow him to raise the matter on the Adjournment this evening, if he wishes.
If I do, will the Ceann Comhairle be present?
That would be an appropriate time to debate the issue, not on the Order of Business.
It is too late for the Adjournment.
Will the Bill drafted by the Minister for Justice, Equality and Law Reform for some of the Progressive Democrats Senators have the support of the Government? I refer to the Bill on home defence.
It does not arise on the Order of Business. A Bill before the Seanad does not arise in this House. We do not discuss them.
Why not?
That has always been the way in this House.
Does the Bill have the support of the Government?
It is a matter for the other House.
If I may reply, this Bill is an initiative by Senator Morrissey. It is not a Progressive Democrats Bill.
They are disowning it.