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Dáil Éireann debate -
Thursday, 29 Jun 2006

Vol. 622 No. 5

Order of Business.

The Tánaiste

It is proposed to take No. 14, motion re proposed approval by Dáil Éireann of Ireland's contribution to the International Development Association's multilateral debt relief initiative, back from committee; No. 15, motion re proposed approval by Dáil Éireann of Ireland's contribution to the International Development Association's 14th replenishment, back from committee; No. 20, Institutes of Technology Bill 2006 — Order for Report, Report and Final Stages; and No. 2, Hepatitis C Compensation Tribunal (Amendment) Bill 2006 — Order for Second Stage and Second Stage, to be taken not later than 12.30 p.m. today and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. today and business shall be interrupted not later than 8 p.m; the sitting shall be suspended from 4.45 p.m. to 5.45 p.m.; Nos. 14 and 15 shall be decided without debate.

The Dáil shall sit tomorrow at 10.30 a.m. and shall adjourn not later than 4.30 p.m., there shall be no Order of Business, within the meaning of Standing Order 26, and accordingly, the following business shall be transacted: No. 2, Hepatitis C Compensation Tribunal (Amendment) Bill 2006 — Second Stage (resumed) and the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 3 p.m. on that day; Committee and Remaining Stages shall be taken immediately thereafter and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 4.30 p.m. by one question which shall be put from the Chair, and which shall in regard to amendments include only those set down or accepted by the Tánaiste and Minister for Health and Children.

An Ceann Comhairle

There are three proposals to put to the House. Is the proposal on the late sitting agreed? Agreed. Is the proposal for dealing with Nos. 14 and 15 without debate, motions re proposed approval by Dáil Éireann agreed? Agreed. Is the proposal on the sitting and business of the Dáil tomorrow agreed?

Caoimhghín Ó Caoláin

It is not agreed.

Mr. Kenny

The proposal is that the Dáil shall sit tomorrow to deal with the Hepatitis C Compensation Tribunal (Amendment) Bill 2006. What has transpired here is a massive political own goal of gargantuan proportions which shows absolute insensitivity by the Government in respect of approximately 100 women in whose cases the virus may have been cleared but in whom the impact and effect of hepatitis may now just be becoming evident. These women were given to understand that the issue of compensation for medical care and insurance would be dealt with in their interests and that, specifically in the area of insurance, they would not lose benefits while this matter was being dealt with.

An Ceann Comhairle

The proposal before us is about tomorrow's sitting. We cannot go into detail on the content of the Bill.

Mr. Kenny

I thank the Ceann Comhairle. I am not going to make a speech on it, a Cheann Comhairle.

An Ceann Comhairle

The Deputy should only make a brief comment.

Mr. Kenny

This matter affects approximately 100 women who have to live with this every day. The Tánaiste has not even extended the courtesy to them of telling them that this would be included in sections 1, 2 and 6 of the Bill——

An Ceann Comhairle

The Deputy has made his point.

Mr. Kenny

——after negotiating with them for the past 18 months or so.

An Ceann Comhairle

We cannot discuss the contents of the Bill at this stage.

Mr. Kenny

This is disgraceful and insensitive treatment of a vulnerable and sensitive group and I do not think the Tánaiste should do this. I object to the House taking part in this.

Ms McManus

I oppose the taking of this Bill. I seek that the Government withdraws the Bill and comes back having excised the offending sections. This is a betrayal of a small, blighted minority who suffer sickness and stigma as a result of being poisoned by the State through contaminated blood products. That is what we are talking about here. It is a dishonest Bill because consultation took place with the four organisations which are affected and the understanding all the way along that process was that this Bill would be about insurance, because these people cannot get insurance except at a very high rate. That is what this Bill was supposed to be about.

An Ceann Comhairle

The Deputy should return to the proposal before us. We cannot debate the contents of the Bill.

Ms McManus

It is also discriminatory against young people who have suffered from the conditions that were caused by negligence on the part of the State. What the Tánaiste is doing is adding to that betrayal and bringing shame to this House by introducing legislation that will take away rights and entitlements from a tiny group of approximately 100 people who are vulnerable. The Finlay report indicated that 74 people are involved. There is no excuse for what the Tánaiste is doing.

An Ceann Comhairle

We cannot discuss the contents of the Bill.

Ms McManus

I urge the Tánaiste, if the Government has not totally lost connection with the people——

Mr. Penrose

Withdraw it.

Ms McManus

——and with the idea that there is such a thing as humanity when it comes to treating——

An Ceann Comhairle

The Deputy has made her point.

Ms McManus

I urge the Tánaiste to withdraw the Bill and make clear where she stands as many people still trust her and understand that she has some conception of what is happening here.

An Ceann Comhairle

The Deputy has made her point. I call Deputy Sargent.

Ms McManus

I will end on this point, a Cheann Comhairle. What is happening here is that people have been fooled and deceived, but more importantly, they will be denied rights that were hard fought for——

An Ceann Comhairle

The Deputy has made her point.

Ms McManus

——and were granted to them by this House.

An Ceann Comhairle

There will be an opportunity to discuss these matters when the debate on the Bill takes place.

Ms McManus

I urge the Tánaiste not to bring shame on this House when dealing with such a tiny minority of people who have suffered so much.

An Ceann Comhairle

We cannot have a full debate until Second Stage. I invite Deputy Sargent to make a brief comment.

Mr. Sargent

On behalf of the Green Party, my colleague, Deputy Gormley, has met with the women and with a number of groups dealing with the situation in regard to haemophilia, including the Irish Haemophilia Society. The Government should take the opportunity today to reflect on the unwise way in which it is approaching this issue, given that it has been in discussions for nine years but has received clear information stating that there will be a number of people, whether it be 40 on a database or 100, who will certainly be effectively discriminated against because of the proposed legislation.

Given that we are under pressure in terms of legislation in many areas I urge the Government not to proceed with the Bill and to go back to the original understanding that this would be stand-alone legislation dealing with the medical care and insurance issues, not a Bill to set up a compensation tribunal. As the Tánaiste is also Minister for Health and Children, I ask her to reflect on what is being said by all parties, as it is being put to us clearly by the women involved that this is a retrograde step and——

An Ceann Comhairle

The Deputy's contribution is more appropriate to a Second or Committee Stage debate.

Mr. Sargent

——to delete sections 1, 2 and 6 would be acceptable. I ask that the Government would take the opportunity to amend the damage now.

An Ceann Comhairle

I invite Deputy Ó Caoláin to make a brief comment.

Caoimhghín Ó Caoláin

After years of campaigning and lobbying by the Irish Haemophilia Society, the Irish Kidney Association, Positive Action and Transfusion Positive, we find that representatives of these organisations had to come here yesterday, on the eve of the introduction of this Bill, to make representations and to appeal to Members of all parties to seek the withdrawal of this proposal. After all the years of hard work and co-operation by these groups we find a proposal coming before this House today and tomorrow, to be guillotined tomorrow evening, that will impose conditions on them with such a deleterious effect on their interests. Albeit a small number, where there is one, it is one too many.

The reality is that it is in the gift of the Tánaiste to withdraw the offending sections to ensure this Bill lives up to the rightful expectation of those who have campaigned so long and so hard. I join with colleagues in appealing to the Tánaiste to withdraw this Bill now and to guarantee to this House that she will present a Bill that is truly reflective of the needs of all who should be encompassed within its measures. I ask the Tánaiste to take the opportunity to do so now and not to follow in the footsteps of a former Minister for Health——

An Ceann Comhairle

The Deputy has made his point.

Caoimhghín Ó Caoláin

——whose shameful disposition towards these victims of State neglect was always to be his epitaph.

The Tánaiste

What the Opposition has said is totally and utterly untrue. As Deputy Kenny well knows, there is no question whatever of withdrawing anything from the 70 or 100 women. It is a fact that Positive Action and the liver consultants, as part of the expert group on hepatitis C, agreed that the basis on which a health card should be given should be the ELISA test. That was agreed by the representatives of Positive Action and the liver experts in this country. That has been accepted for some time. That is the basis on which we are going to proceed with the insurance and with the compensation. We will have a single, internationally accepted scientific test.

When a Bill was proposed on behalf of the groups ten years ago, the senior counsel who drafted that Bill, Mr. John Rogers, proposed at that time that the ELISA test should be used and it was not accepted then because it was not as developed as it is today. I do not want the Opposition playing politics with something.

Caoimhghín Ó Caoláin

We are not playing politics.

The Tánaiste

It is not a fact——

Mr. Durkan

In that case, why are the women concerned?

An Ceann Comhairle

The Tánaiste should be allowed to speak without interruption.

The Tánaiste

Nothing is being withdrawn from anybody. On the contrary, insurance is being extended to these people who suffered so much——

Caoimhghín Ó Caoláin

Not all of them.

The Tánaiste

——as a result of the administration of blood products in this State in the 1970s and 1990s.

Ms Lynch

The Tánaiste is being misled.

The Tánaiste

That is a fact.

An Ceann Comhairle

The Tánaiste should be allowed to speak without interruption.

Mr. Sargent

The Tánaiste should listen to the people who are suffering.

The Tánaiste

I have listened to the people who are suffering.

An Ceann Comhairle

The Tánaiste should be allowed to speak without interruption.

The Tánaiste

As everybody knows, no person who has made an application to the tribunal where it may have not been determined yet, or who has taken action in the courts where it may not have been determined yet, is affected by anything that is happening here. Nor would I stand over anyone being so affected. The Government seeks to introduce a comprehensive insurance scheme for life assurance, mortgage protection and travel insurance.

Ms Lynch

The Government is doing more than that.

The Tánaiste

If the relationship began post-diagnosis, consortia can be lost and that should be compensated for. If a second or third relationship is in question, it is not reasonable that the loss of consortia be provided for.

Caoimhghín Ó Caoláin

What of consortia for children who are born into this situation? The Tánaiste is not providing for them.

An Ceann Comhairle

Deputy Ó Caoláin will have an opportunity to speak on the Bill.

The Tánaiste

We provide for loss of earnings, for distress, for partners or people in relationships and for loss of consortia where it has been established after the relationship began. That is not challenged.

Ms Lynch

We are being misled.

The Tánaiste

Most people would agree it is not reasonable to expect further compensation, if one is in a second or third relationship, having already been compensated for consortia.

Question put: "That the proposal for dealing with Friday's sitting be agreed to."

The Dáil divided: Tá, 61; Níl, 57.

Tá

Níl

Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Neville and Stagg.

Question declared carried.

Mr. Kenny

Yesterday the Taoiseach wrote to me in respect of the numbers of persons who were charged under section 1(1) and section 2(1) of the Criminal Law (Amendment Act) 1935. That followed on repeated requests, on seven different occasions, for the information, which really only came to light when myself and Deputy Rabbitte sent a joint letter to the Director of Public Prosecutions. Does the Tánaiste know when the Government sought that information or when it was made available to it?

The Taoiseach commented yesterday on proposals to give speaking rights to Westminster MPs elected in Northern Ireland. He blamed the Opposition parties for not endorsing a deal he did with Sinn Féin and claimed that an all-party Committee on the Constitution had agreed these proposals. Will the Tánaiste confirm, as leader of the Progressive Democrats and as Tánaiste——

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. F. McGrath

It should do.

Mr. Kenny

——that her party rejected the Taoiseach's proposal. It was clear that the all-party recommendations were predicated on cross-community participation which is not possible at present.

An Ceann Comhairle

That does not arise on the Order of Business. The Deputy will have to find another way of raising the matter.

Mr. Kenny

When is it expected that the defamation Bill will be published?

The Tánaiste

With regard to the Deputy's first question, I understand the information was sought at the beginning of June from the Office of the Director of Public Prosecutions and some information was made available at that time. The definitive information the Taoiseach used yesterday was made available on Tuesday of this week.

The defamation Bill will be published in this session. The Government hopes to deal with it within the next fortnight.

Mr. Rabbitte

I have been raising for some time with the Taoiseach the question of a number of reports it appears the Government has deliberately contrived not to publish before the Dáil goes into recess to avoid a debate on them.

What is the problem with publishing the Dalton report, which the Minister has had in his possession since 5 April? What conceivable reason could there be for the delay, given the promises that were made that it would take two or three weeks to allow parties to have sight of the report as it affects them? There is still no sign of the report although journalists have it in part.

An Ceann Comhairle

The matter has already been raised this week and dealt with, so I ask the Deputy to be brief.

Mr. Rabbitte

The shooting of Mr. John Carthy happened in 2000, the Barr tribunal hearings in 2004 and still the report has not been published. It was due to go to the printers, according to the tribunal, five weeks ago. In any event, it is not credible in 2006 that a delay with the printer is the reason the report has not been laid before the House. The O'Sullivan report into the statutory rape affair and what went wrong in the Office of the Attorney General was promised within weeks but again the Government will contrive to publish it as soon as the House rises. There will be no opportunity to debate it, although we now know that a note was sent for the attention of the Attorney General. Whether he ever set eyes upon it, we do not know. However, we know that it exists and that it went up the line to him. Similarly, three reports have been held up in the case of the Morris tribunal. Regarding the Tánaiste's remit as Minister for Health and Children, last October she promised to publish the report on the Pat Joe Walsh case within eight weeks. It is now June.

I am afraid it suggests a deliberate Government plan to keep such reports under covers until the House has risen. It shows disrespect to the House and to democracy and fails to indicate the due regard in which such publications ought to be held.

The Tánaiste

The fact is that, due to the principle of natural justice, any report drawing adverse conclusions regarding individuals who can be identified, even if not named, must be issued to them to allow them an opportunity to respond. That is the opinion of the Attorney General and has been the relevant legal advice for many years. In that context, the Dalton report has not yet been published, but I understand the Minister intends to bring it to the Cabinet next Tuesday. The Barr report is not yet with the Government, but we expect it tomorrow. The intention is to publish it as quickly as possible. I do not know when the O'Sullivan report is expected, but it will be within a matter of weeks.

I had hoped we might have had the report on the late Pat Joe Walsh in eight weeks. However, in the first instance, we had to go outside this jurisdiction to find people to carry out the inquiry. They have now completed their work and the draft conclusions have been sent to those in respect of whom the findings were adverse for a response. I very much regret that parts of the report appear to have been leaked today, since it has never been submitted to the Department of Health and Children and I have not seen it. It appears to have been leaked to a journalist in a prominent newspaper this morning, and I know it has caused great upset to the family of the deceased to whom we spoke last night. They have been kept fully informed at each stage of writing the report. We certainly hope the legal process can be concluded quickly.

I do not know the position on the Morris tribunal. As the Deputy is aware, several tribunals are ongoing in the State, and much as we would wish to see them conclude more quickly, the process sometimes takes longer than anticipated. However, that is a matter for the tribunal and not something the Government or Oireachtas can influence.

Mr. Sargent

On the subject of legislation that has been promised but not published, with one week remaining, will the Government reconsider the priority given to the various Bills it proposes to enact before the recess? The Building Societies (Amendment) Bill 2006, for example, strikes me as not being as urgent as the citizens' information legislation the Minister must pass to address advocacy for those with disabilities. Is the Government reflecting on priorities and can it state why it would choose the Building Societies (Amendment) Bill 2006 over that dealing with disabilities and citizens' information? I view the Building Societies (Amendment) Bill 2006 as benefitting one building society and several very high-up people in it.

An Ceann Comhairle

The Deputy has made his point.

The Tánaiste

Obviously, Ministers will have different priorities, depending on their area of responsibility. Each decides what the priorities are. However, I understand that the Whips agreed to take that Bill next week.

Ms O. Mitchell

The legislation governing any sale of Aer Lingus requires that a motion first come before the Dáil for discussion and approval outlining the general principles that will underpin its circumstances. Since the sale is planned for September, will the Tánaiste state when that motion will come before the Dáil?

The Tánaiste

It will be next week.

Mr. Sherlock

When will the eligibility for health and personal social services Bill be brought before the House?

The Tánaiste

We are working hard on that at the Department of Health and Children, and I hope to bring the heads of the Bill to the Government in the autumn, meaning that the full Bill will be next year.

Caoimhghín Ó Caoláin

While accepting the vote that has already taken place, it is still within the Tánaiste's gift regarding the promised Hepatitis C Compensation Tribunal (Amendment) Bill——

An Ceann Comhairle

The Deputy cannot raise that matter again.

Caoimhghín Ó Caoláin

I appeal to the Tánaiste at this late stage before the commencement of the first debate——

An Ceann Comhairle

That matter has already been discussed and the House has decided on it.

Caoimhghín Ó Caoláin

That is true, but as promised legislation——

An Ceann Comhairle

I call Deputy Jim O'Keeffe.

Caoimhghín Ó Caoláin

I am not finished; I have a second question. The Tánaiste still has time to intervene, and that is permissible.

An Ceann Comhairle

The Deputy is finished now, since I am calling Deputy Jim O'Keeffe.

Caoimhghín Ó Caoláin

The Tánaiste can still——

An Ceann Comhairle

I will call the Deputy again on his other question. I call Deputy Jim O'Keeffe.

Caoimhghín Ó Caoláin

No. On the second question——

An Ceann Comhairle

I will call the Deputy again on his second question. I have already called Deputy Jim O'Keeffe. We must have order.

Caoimhghín Ó Caoláin

Why should my contribution be broken?

An Ceann Comhairle

That is the procedure I have followed in the Chair for the past ten years.

Caoimhghín Ó Caoláin

Only regarding specific Deputies in this House.

An Ceann Comhairle

I will call the Deputy again on his second question. I call Deputy Jim O'Keeffe.

Caoimhghín Ó Caoláin

I assure the Ceann Comhairle that this will not go unnoticed.

Mr. J. O’Keeffe

In the context of immigration legislation, perhaps I might raise with the Tánaiste the failure on the part of the Minister for Justice, Equality and Law Reform to provide information on the number of non-national prisoners released from prison whom he did or did not consider for deportation after their release. A new Bill has been promised, and I would like to raise the difficulty under present legislation whereby the Minister has either refused or failed to disclose information I have requested in the Dáil on six occasions in the past two months.

I know that the Tánaiste has had difficulty with the same Minister. Getting information from him is like trying to extract teeth from a hen.

An Ceann Comhairle

I call the Tánaiste on the legislation.

Mr. J. O’Keeffe

Does the Tánaiste have any control over that Minister? Does she not accept that he has an obligation to the Dáil to provide information requested in Dáil questions? Some six times, he has failed to do so.

An Ceann Comhairle

That does not arise on the Order of Business. I call the Tánaiste.

Mr. J. O’Keeffe

Returning to the legislation and the rules, is the Tánaiste aware there is an Immigration Bill, No. 70 on the Order Paper? Will there be a provision to require the Minister to comply with his duty to the Dáil to give information when a Deputy requests it?

An Ceann Comhairle

I ask the Deputy to desist.

The Tánaiste

That legislation is planned for later this year. The Minister is considering extraditing to Ireland the persons responsible for the incident with Deputy Kenny in Kenya, so he may have to rethink the legislation to deal with that.

Mr. M. Higgins

Cathain a bheidh an reachtaíocht i leith fheidhmeanna agus chumhachtaí Údarás na Gaeltachta ag teacht os comhair an Tí? What is the current position of the Bill promised for 2007 dealing with the powers and functions of Údarás na Gaeltachta? Have the heads of the Bill come before the Cabinet?

Have the heads of national monuments legislation come before the Cabinet, and will we see it within the lifetime of the present Dáil?

The Tánaiste

I understand that the heads of the Bill in both cases are expected later this year.

Mr. J. Higgins

The country is still reeling from the terrifying image of the Minister for Justice, Equality and Law Reform, Deputy McDowell, brandishing a poker as a callow youth.

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. J. Higgins

I thought he might have used a silver spoon instead. Since he was apparently trying to protect what he regarded as his, was any poker brandished during his recent duels with the Tánaiste? Would she like to share that with us?

An Ceann Comhairle

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

Mr. J. Higgins

I would like a very specific answer from the Tánaiste regarding the matter raised by Deputy Rabbitte. Next Thursday, 6 July, Bord na gCon is scheduled to appear before the Committee of Public Accounts.

An Ceann Comhairle

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

Mr. J. Higgins

This is appropriate to the Order of Business.

An Ceann Comhairle

Then we will hear it.

Mr. J. Higgins

The point is that the Dalton report would have been in our hands. Will we have that report for the meeting of the Committee of Public Accounts next Thursday? The Tánaiste has a special insight into this. It was reported in today's newspapers that Gama Construction will receive an additional payment of €15 million to finish off the Ennis bypass, €6 million of which curiously comes under some labour laws heading.

An Ceann Comhairle

This matter does not arise on the Order of Business.

Mr. J. Higgins

Is Gama now being rewarded on foot of using slave labour?

An Ceann Comhairle

The Deputy must find other ways of raising this matter.

Mr. J. Higgins

Gama had to pay the full rate out of this amount. Is it now being compensated for the additional money it had to pay out?

An Ceann Comhairle

The Deputy must allow the Tánaiste to answer his question.

Mr. J. Higgins

Is this what is going on in this State?

The Tánaiste

The Government hopes to consider the Dalton report next Tuesday. If this is the case, I imagine that the report will be published on either Tuesday or Wednesday so Deputies will obtain copies of it if this happens.

Mr. J. Higgins

What about Gama?

The Tánaiste

There is no legislation promised.

Mr. McCormack

In view of the deterioration in the health services and the fact that 60 beds have been closed at University College Hospital in Galway, will the Tánaiste tell us when the Health Bill will come before the Dáil?

The Tánaiste

The Bill will come before the Dáil later this year.

Mr. McCormack

How much later will it be?

Ms Lynch

In respect of the Hepatitis C Compensation Tribunal (Amendment) Bill 2006——

An Ceann Comhairle

That issue does not arise on the Order of Business.

Ms Lynch

My question is very specific. Is it normal that a Bill is published without an explanatory memorandum because this is what has happened in the case of this Bill? Is it proposed to circulate an explanatory memorandum?

An Ceann Comhairle

I ask Deputy Lynch to allow the Tánaiste to answer the question.

The Tánaiste

I understand this Bill is accompanied by an exploratory memorandum.

Ms Lynch

That is not the case.

The Tánaiste

I will check this matter and come back to the Deputy on it.

Ms Lynch

Under the relevant Standing Orders, is it legitimate to bring this Bill before the Dáil if it does not have an explanatory memorandum? I am not as familiar with Standing Orders as is the Ceann Comhairle.

An Ceann Comhairle

Under Standing Orders, it is legitimate to bring the Bill before the House.

Caoimhghín Ó Caoláin

What does the Tánaiste intend to do in respect of the Carey report into the tragic death of Pat Joe Walsh, to which she referred earlier, following the leaking of this report? The front page of today's edition of The Irish Times carries the banner headline “Patient death inquiry finds hospital practice at fault”. Is it the case that there will be a drip feed of the information contained in the report or does the Tánaiste intend to publish it?

An Ceann Comhairle

This report has already been discussed. I ask Deputy Ó Caoláin to allow the Tánaiste to reply.

Caoimhghín Ó Caoláin

Will the report be brought before the Cabinet? What is the situation regarding the family of Mr. Walsh? It is unacceptable that his family is completely at a remove from all deliberations on this matter. It is not enough for the Tánaiste to say this morning that she regrets it.

An Ceann Comhairle

Deputy Ó Caoláin cannot have a debate on this matter.

Caoimhghín Ó Caoláin

I am not seeking a debate. I am merely asking questions.

An Ceann Comhairle

Deputy Ó Caoláin is not asking questions; he is making a statement.

Caoimhghín Ó Caoláin

What does the Tánaiste intend to do about this report? Most worryingly of all, does she not note that at the very least, the extract from the report referred to clearly seeks to scapegoat rather than assign responsibility where it properly belongs, namely, the policy the Tánaiste and her Government has pursued in respect of the health services.

An Ceann Comhairle

We will not debate this newspaper report.

The Tánaiste

I do not have the report and I have never had the report. I have not seen the report; it is not in the Department of Health and Children.

Caoimhghín Ó Caoláin

Will the Tánaiste look for the report, because we can read it in the newspapers?

An Ceann Comhairle

I ask Deputy Ó Caoláin to allow the Tánaiste to continue.

The Tánaiste

As I stated earlier, it is part of a legal process which I am unable to influence. However, I understand that the Health Service Executive wishes to publish the report as quickly as possible. I, along with the executive and my Department, have been in contact with the family of Mr. Walsh in respect of this matter in recent months, including last night.

Caoimhghín Ó Caoláin

Will the Tánaiste address the leaking of extracts from the report?

An Ceann Comhairle

I ask Deputy Ó Caoláin to allow the Tánaiste to continue.

The Tánaiste

I wish I could, because such leaks do not help Mr. Walsh's family.

Caoimhghín Ó Caoláin

She should do something about it.

Mr. Durkan

The single electricity market Bill was promised in this session. Will the Tánaiste indicate on which of the remaining days in this session it is intended to publish this Bill? Given that a few days ago, the Minister for Communications, Marine and Natural Resources launched a new geological map of Ireland, could she tell us whether it is intended to reinstate the geological survey of Ireland Bill, previous legislation in respect of which goes back to 1845 and is due for an update?

The Tánaiste

The answer to Deputy Durkan's second question is "No". The single electricity market Bill is due to come before the Cabinet within the next month.

Mr. Durkan

Is it not proposed to introduce the geological survey of Ireland Bill? Legislation in this area dates back to 1845.

Mr. O’Shea

Will sections 55 to 72 of the Local Government Act 2001 be enacted within the lifetime of this Government? These sections deal with the setting up of an independent commission to deal with applications from local authorities in respect of boundary extensions. This obviously affects my area because Waterford city urgently requires a boundary extension.

The Tánaiste

Unfortunately, I do not know the answer to this question but I will ask the Minister for the Environment, Heritage and Local Government to contact Deputy O'Shea.

Mr. Eamon Ryan

The Government's draft social partnership agreement includes a commitment that a consultation paper on the review of the climate change strategy will be published in June 2006. When does the Tánaiste expect this consultation paper to be published and will she outline the purpose of a consultation paper on a review process?

The Tánaiste

I do not know when this consultation paper will be published.

Mr. Crawford

I too am angry at the leaking of the report into the death of Pat Joe Walsh. Will the Tánaiste make every effort to ensure that the family of Mr. Walsh receives the report as soon as possible?

In light of the fact that credit unions must now invest massive sums of their money in international organisations because of laws that prevent them from giving money to their members on a long-term basis, can the Tánaiste tell us when the Financial Services Modernisation and Consolidation Bill will be put before the House? Can the Minister for Finance change the regulations without bringing a Bill before this House?

Will the Tánaiste become actively involved in the decisions regarding which services will be removed or suspended in Mullingar Hospital? The Tánaiste has a role to play. She represents us when it comes to the funding of the health services.

An Ceann Comhairle

Deputy Crawford's second question is in order.

The Tánaiste

The Bill will be brought before the Dáil next year.

Mr. Rabbitte

In respect of the matter raised by Deputy Lynch, which concerned the non-appearance of an explanatory memorandum for the Hepatitis C Compensation Tribunal (Amendment) Bill 2006, is it reasonable to anticipate that the circumstances of a group of less than 100 people who do not have the hepatitis C virus but suffer symptoms of the disease would have come to the attention of all Members of the House and outside if the explanatory memorandum had been distributed? The Tánaiste may well be getting——

An Ceann Comhairle

This point might be better made on Second Stage of the Bill. We cannot have a debate on it now. It is not appropriate to the Order of Business.

Mr. Rabbitte

I fear that the Tánaiste may be getting a bum steer on this matter. The number of people affected is less than 100.

An Ceann Comhairle

We will not go down this route again.

The Tánaiste

I assure Deputy Rabbitte that these people are not adversely affected by this legislation.

Ms Lynch

They are.

The Tánaiste

Deputy Lynch knows that they are not adversely affected.

Mr. Rabbitte

I welcome the Tánaiste's assurance if it——

An Ceann Comhairle

We will not have a debate on this matter. The Chair has called Deputy Rabbitte a second time in good faith. On a number of occasions, Deputy Rabbitte has totally ignored Standing Orders on the Order of Business when he has been called a second time. I ask him to allow Deputy O'Dowd to speak.

Mr. Rabbitte

I welcome the Tánaiste's assurance. I hope it turns out to be so.

An Ceann Comhairle

If that is the case, I ask Deputy Rabbitte to resume his seat and allow Deputy O'Dowd to speak.

Mr. Rabbitte

However, we have received legal advice to the contrary.

Mr. O’Dowd

Given that the report by Professor Des O'Neill on Leas Cross Nursing Home has not yet been published, the fact that it is almost one year since Professor O'Neill's investigation into the 95 deaths at the nursing home and the lack of legislation aimed at vindicating the rights of elderly people in nursing homes, can the Tánaiste tell us when Professor O'Neill's report will be published? Will she insist that it be brought before the Dáil because it should be debated here when it is published? Can she give such a commitment? When does she propose to vindicate the rights of people in nursing homes who are not legally protected as we speak? I receive continuing complaints about people dying in appalling circumstances. These people are not being protected by this Government or legislation.

An Ceann Comhairle

I ask Deputy O'Dowd to resume his seat and allow the Tánaiste to speak.

The Tánaiste

I have raised the O'Neill report with the Health Service Executive and will discuss the matter with Professor Brendan Drumm today. If adverse conclusions are drawn from the O'Neill report, our Constitution provides entitlements under natural justice, which I believe everyone would regard as reasonable.

The social services inspectorate will be part of the health information and quality authority legislation, which will appear later this year. I agree with Deputy O'Dowd that ProfessorO'Neill's report should be published.

Mr. O’Dowd

Will the report be published?

The Tánaiste

Of course, the report should be published.

Mr. Cuffe

As a foreign warship lies anchored in Dublin Bay——

An Ceann Comhairle

That matter does not arise on the Order of Business.

(Interruptions).

Mr. Cuffe

Will promised legislation, that is, the comprehensive nuclear test ban treaty Bill, be published before the end of this session?

The Tánaiste

It will be in this session.

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