It is proposed to take No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann of the sectoral plans in accordance with section 31(6) of the Disability Act 2005; No. 11, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the Protocol on Explosive Remnants of War (referred to as ‘Protocol V') of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons; No. 16, National Oil Reserves Agency Bill 2006 — Second Stage resumed; and No. 17, Criminal Justice (Mutual Assistance) Bill 2005 [Seanad] — Second Stage resumed. It is proposed, notwithstanding anything in Standing Orders, that Nos. 10 and 11 shall be decided without debate; and Private Members’ business shall be No. 52, motion re report by Professor O’Neill on matters relating to the Leas Cross Nursing Home and nursing homes inspections, which shall also take place tomorrow immediately after the Order of Business and shall be brought to a conclusion after 90 minutes on that day.
Order of Business.
There are two proposals to put to the House. Is the proposal for dealing with Nos. 10 and 11 without debate, motions re referrals to joint committee and select committee, agreed to?
We have had an important series of Leaders' questions today dealing with matters fundamental to the operation of the Department of the Taoiseach, its status, and matters arising from the Taoiseach's television interview yesterday. I propose that we suspend the proposed Order of Business for an hour, or an hour and a half.
We cannot do that. That would be out of order.
In that case I object to the proposal.
We are discussing Nos. 10 and 11, without debate.
I understand that but they are not agreed for the following reason: I want the House to give some time to follow through on several revelations——
That does not arise under these proposals. The Deputy may speak to the two issues before us.
I will finish in 30 seconds. First, the Taoiseach has clarified that he was a Minister when he attended the Manchester function.
That does not arise.
Second, we must also be able to discuss the appointments to boards made on the basis of friendship as distinct from merit. Third, we wish to recap on complaints——
The Deputy is out of order. If any other Deputy is offering I will hear him or her. If not, I will put the question. I call Deputy Rabbitte.
I am objecting on the basis I have stated.
I too oppose the taking of these two items as proposed because it would be unconscionable that when the Dáil resumes on its first day an issue of such gravity, that is being debated in every forum in the country, cannot be properly debated here.
That does not arise on these two proposals.
There are precedents.
There are no precedents for discussing issues other than the motion before us.
I am telling the Ceann Comhairle why I oppose them. We made an arrangement in 1997 on the Ray Burke affair to do precisely that.
That does not arise under these items. I call Deputy Sargent.
I am telling the Ceann Comhairle why I oppose taking these two items.
Deputy Rabbitte is entitled to speak.
We did it for the Taoiseach in January 1999.
That does not arise under these two proposals. If the Deputy does not want to speak to the proposals I will hear Deputy Sargent and if the Deputy continues to interrupt I will put the question.
It would be a mistake for us to nod through No. 10, referral to joint committee, or indeed the referral to select committee on the Protocol on Explosive Remnants of War when there are explosive remnants lying around that ought properly be debated in the national Parliament.
I call Deputy Sargent.
I am delighted to see the Ceann Comhairle back with us, safe and well but one ought to be permitted to explain why——
One ought not be allowed to drive a coach and four through Standing Orders. The rules of the House are clear. We have one motion before us.
We can discuss nothing.
The Deputy may speak to this motion or else resume his seat and allow Deputy Sargent to speak.
That is what he is doing.
Deputy Rabbitte is speaking to it.
I am speaking to it. I am saying why it is not appropriate that we should proceed to dispose of these matters as is proposed.
That does not arise under these two motions.
The necessary procedural order to implement the precedent of 1997 and 1999 ought to be afforded the House so we have an opportunity to discuss the very serious issues to which the Taoiseach's interview yesterday give rise.
The Deputy has made his point. I call Deputy Sargent.
There were several requests under Standing Order 31 which clearly indicated there is a wish in this House for a greater level of accountability.
That does not arise. We are discussing the proposal to take Nos. 10 and 11 without debate.
The two proposals——
A Member may not come in here day after day and try to drive a coach and four through Standing Orders.
We have not been here for 12 weeks.
I am trying to exercise democracy here.
If the Deputy is not happy he should change Standing Orders.
The Ceann Comhairle told us he believed passionately in democracy when he was being hounded by protesters.
That is why I respect Standing Orders laid down by Members of this House.
This is democracy at work. My colleagues and I put down six motions under Standing Order 31——
That has nothing to do with the proposal before us.
It has everything to do with the proposal.
Deputy Ó Caoláin, are you coming in on this?
It indicates a level of public concern, a wish for democracy to be accountable——
I will put the question.
——and a wish for this House to operate.
Is the proposal for dealing with Nos. 10 and 11 without debate agreed?
A Cheann Comhairle, it is not right for you to close down this House and to close down democracy.
Tá
- Ahern, Bertie.
- Ahern, Michael.
- Ahern, Noel.
- Andrews, Barry.
- Ardagh, Seán.
- Blaney, Niall.
- Brady, Johnny.
- Brady, Martin.
- Brennan, Seamus.
- Callanan, Joe.
- Carey, Pat.
- Cassidy, Donie.
- Collins, Michael.
- Cooper-Flynn, Beverley.
- Cowen, Brian.
- Cregan, John.
- Cullen, Martin.
- Curran, John.
- Davern, Noel.
- de Valera, Síle.
- Dempsey, Tony.
- Dennehy, John.
- Devins, Jimmy.
- Ellis, John.
- Fahey, Frank.
- Finneran, Michael.
- Fitzpatrick, Dermot.
- Fleming, Seán.
- Fox, Mildred.
- Gallagher, Pat The Cope.
- Glennon, Jim.
- Grealish, Noel.
- Hanafin, Mary.
- Harney, Mary.
- Haughey, Seán.
- Hoctor, Máire.
- Jacob, Joe.
- Keaveney, Cecilia.
- Kelleher, Billy.
- Kelly, Peter.
- Kirk, Seamus.
- Kitt, Tom.
- Lenihan, Brian.
- Lenihan, Conor.
- McDowell, Michael.
- McGuinness, John.
- Martin, Micheál.
- Moloney, John.
- Moynihan, Donal.
- Mulcahy, Michael.
- Nolan, M. J.
- Ó Cuív, Éamon.
- Ó Fearghaíl, Seán.
- O’Connor, Charlie.
- O’Dea, Willie.
- O’Donnell, Liz.
- O’Donoghue, John.
- O’Donovan, Denis.
- O’Flynn, Noel.
- O’Keeffe, Batt.
- O’Malley, Fiona.
- O’Malley, Tim.
- Parlon, Tom.
- Power, Peter.
- Power, Seán.
- Roche, Dick.
- Sexton, Mae.
- Smith, Michael.
- Treacy, Noel.
- Wallace, Dan.
- Wallace, Mary.
- Walsh, Joe.
- Wilkinson, Ollie.
Níl
- Allen, Bernard.
- Boyle, Dan.
- Breen, James.
- Breen, Pat.
- Broughan, Thomas P.
- Bruton, Richard.
- Burton, Joan.
- Connaughton, Paul.
- Connolly, Paudge.
- Costello, Joe.
- Cowley, Jerry.
- Crawford, Seymour.
- Crowe, Seán.
- Cuffe, Ciarán.
- Deasy, John.
- Deenihan, Jimmy.
- Durkan, Bernard J.
- English, Damien.
- Enright, Olwyn.
- Gilmore, Eamon.
- Gogarty, Paul.
- Gormley, John.
- Gregory, Tony.
- Hayes, Tom.
- Healy, Seamus.
- Higgins, Joe.
- Higgins, Michael D.
- Hogan, Phil.
- Howlin, Brendan.
- Kehoe, Paul.
- Kenny, Enda.
- Lynch, Kathleen.
- McEntee, Shane.
- McGinley, Dinny.
- McGrath, Finian.
- McGrath, Paul.
- McHugh, Paddy.
- McManus, Liz.
- Mitchell, Olivia.
- Morgan, Arthur.
- Moynihan-Cronin, Breeda.
- Murphy, Catherine.
- Murphy, Gerard.
- Neville, Dan.
- Noonan, Michael.
- 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.
- Shortall, Róisín.
- Stagg, Emmet.
- Stanton, David.
- Timmins, Billy.
- Twomey, Liam.
- Wall, Jack.
Is the proposal for dealing with Private Members' business agreed to?
In view of the importance of the revelations that emerged during answers given by the Taoiseach earlier, some matters need to be clarified in the public interest. I suggest that the Government extend business after Private Members' business by an hour and 15 minutes to clarify the issue of the Manchester money, the definition of "gift" in tax legislation and the conflict of interests consequent to several appointments made by the Taoiseach. I suggest that the Government accept this and clarify these matters once and for all.
A brief period of questions and answers after the end of a round of statements would be appropriate in the circumstances.
We are discussing Private Members' business. It is a matter for the House if it wishes to agree to the arrangements for Private Members' business. Normally, Members speak against a proposal before the House. If the Deputies wish to oppose the proposal, I will put the question.
I wish to oppose the proposal. The Green Party Whip, Deputy Boyle, wrote to the Government Chief Whip specifically asking for the same request made by the other two party leaders. That request was not to the liking of the Government Chief Whip. The House needs to make the decision. One can hear an overwhelming demand for the proposed facility. We will let——
The Deputy has just said that he is opposing the question. I will, therefore, put the question.
Yes, let us have a questions and answers session.
Will the Ceann Comhairle let Deputy Sargent explain why he is opposing the question?
Is the Ceann Comhairle accepting the proposal?
The question is that the proposal for dealing with——
Deputy Sargent should be allowed to speak.
A Deputy
This is not a democracy at all.
Is the Ceann Comhairle accepting the proposal?
Does the Taoiseach wish to change the proposal regarding Private Members' business?
I am not changing it. I have answered questions.
Tá
- Ahern, Bertie.
- Ahern, Michael.
- Ahern, Noel.
- Andrews, Barry.
- Ardagh, Seán.
- Blaney, Niall.
- Brady, Johnny.
- Brady, Martin.
- Brennan, Seamus.
- Callanan, Joe.
- Carey, Pat.
- Cassidy, Donie.
- Collins, Michael.
- Cooper-Flynn, Beverley.
- Cowen, Brian.
- Cregan, John.
- Cullen, Martin.
- Curran, John.
- Davern, Noel.
- de Valera, Síle.
- Dennehy, John.
- Devins, Jimmy.
- Ellis, John.
- Fahey, Frank.
- Finneran, Michael.
- Fitzpatrick, Dermot.
- Fleming, Seán.
- Fox, Mildred.
- Gallagher, Pat The Cope.
- Glennon, Jim.
- Grealish, Noel.
- Hanafin, Mary.
- Harney, Mary.
- Haughey, Seán.
- Hoctor, Máire.
- Jacob, Joe.
- Keaveney, Cecilia.
- Kelleher, Billy.
- Kelly, Peter.
- Kirk, Seamus.
- Kitt, Tom.
- Lenihan, Brian.
- Lenihan, Conor.
- McDowell, Michael.
- McGuinness, John.
- Martin, Micheál.
- Moloney, John.
- Moynihan, Donal.
- Mulcahy, Michael.
- Nolan, M. J.
- Ó Cuív, Éamon.
- Ó Fearghaíl, Seán.
- O’Connor, Charlie.
- O’Dea, Willie.
- O’Donnell, Liz.
- O’Donoghue, John.
- O’Donovan, Denis.
- O’Flynn, Noel.
- O’Keeffe, Batt.
- O’Malley, Fiona.
- O’Malley, Tim.
- Parlon, Tom.
- Power, Peter.
- Power, Seán.
- Roche, Dick.
- Sexton, Mae.
- Smith, Michael.
- Treacy, Noel.
- Wallace, Dan.
- Wallace, Mary.
- Walsh, Joe.
- Wilkinson, Ollie.
Níl
- Allen, Bernard.
- Boyle, Dan.
- Breen, James.
- Breen, Pat.
- Broughan, Thomas P.
- Bruton, Richard.
- Burton, Joan.
- Connaughton, Paul.
- Connolly, Paudge.
- Costello, Joe.
- Cowley, Jerry.
- Crawford, Seymour.
- Crowe, Seán.
- Cuffe, Ciarán.
- Deasy, John.
- Deenihan, Jimmy.
- Durkan, Bernard J.
- English, Damien.
- Enright, Olwyn.
- Gilmore, Eamon.
- Gogarty, Paul.
- Gormley, John.
- Gregory, Tony.
- Hayes, Tom.
- Healy, Seamus.
- Higgins, Joe.
- Higgins, Michael D.
- Hogan, Phil.
- Howlin, Brendan.
- Kehoe, Paul.
- Kenny, Enda.
- Lynch, Kathleen.
- McCormack, Pádraic.
- McEntee, Shane.
- McGinley, Dinny.
- McGrath, Finian.
- McGrath, Paul.
- McHugh, Paddy.
- McManus, Liz.
- Mitchell, Olivia.
- Morgan, Arthur.
- Moynihan-Cronin, Breeda.
- Murphy, Catherine.
- Murphy, Gerard.
- Neville, Dan.
- Noonan, Michael.
- Ó Caoláin, Caoimhghín.
- Ó Snodaigh, Aengus.
- O’Dowd, Fergus.
- O’Shea, Brian.
- O’Sullivan, Jan.
- Pattison, Seamus.
- Perry, John.
- Rabbitte, Pat.
- Ring, Michael.
- Ryan, Eamon.
- Ryan, Seán.
- Sargent, Trevor.
- Shortall, Róisín.
- Stagg, Emmet.
- Stanton, David.
- Timmins, Billy.
- Twomey, Liam.
- Wall, Jack.
Does the Taoiseach have plans to amend the ethics legislation to allow for a situation where a business person can give a Minister €100,000 in an interest-free loan without breaching that legislation? Is it intended, in light of the public interest in this issue, that the Government will give time either tomorrow or next week to deal with some of the outstanding matters arising from the Taoiseach's full statement last night in terms of ethics, State board appointments, public service obligations, taxation issues and definitions of the term "gift" under the tax law?
There is no plan to amend the ethics legislation. The issues are set out clearly in that legislation and in the codes. I spent half an hour on Leaders' Questions dealing with the issues. I thank the Ceann Comhairle for giving us that time.
When there is a resignation from high office but the Minister continues to serve in the Department of Health and Children, it is not easy to respond to it. I thank the former Tánaiste for her courtesy during her time there and for her service. The new Tánaiste has an eye to history and he has an opportunity to be the shortest lived Tánaiste in the history of the State.
Is it proposed to proceed with the Privacy Bill as published?
This Bill is before the Seanad.
I take this opportunity to wish the former Tánaiste well and the new Tánaiste an enjoyable short tenure.
Can the long overdue criminal justice (UN convention against corruption) Bill be brought forward any quicker than is proposed? We have moved from position 12 down to position 19 on the international corruption perceptions index. This is something we must address. Will the Taoiseach endorse the calls from my party to abolish corporate donations in the political system in the interests of better transparency, accountability and fairness?
The Government has little credibility in regard to the citizen's information Bill, which has apparently been renamed and the imminent publication of which has been promised every Monday for the last several weeks. Will the latest postponement to 6 October be the final announcement in regard to this legislation or will it continue to be denied the light of day? Who was consulted in regard to the name of the Bill? Was this change a product of the imagination of the Minister or somebody in his office?
The citizen's information Bill will be published in October and will be taken in this session. The criminal justice (UN convention against corruption) Bill will be taken next year.
I welcome the publication of the proposed legislative programme for this session. I notice, however, a number of casualties, including the GSI Bill and the postal communications Bill. The omission of the latter, removed from a previous legislative programme and not reinstated, comes at a time when the surreptitious closure of post offices continues. Will the single electricity market Bill be brought to the House earlier than anticipated to give the Minister an opportunity to rescind the decision to increase gas and electricity prices?
The purpose of the single electricity market Bill is to facilitate the establishment of a wholesale electricity market on the island of Ireland. The heads of the Bill have been approved but, as a North-South initiative, it will require a joint approach. It will be dealt with during this session.
The Tánaiste and Minister for Justice, Equality and Law Reform has promulgated what is purported to be a new immigration and residence Bill, although the Bill itself is on the C list and is not supposed to be published until next year. Have the contents of this Bill been approved by the Government, when will it be published and is it intended to enact it before the end of this Dáil?
The heads of this Bill were approved some weeks ago and it has been sent for drafting. It will be brought forward next year.
Will it be enacted?
It is expected to be. The difficulty is that there are always so many Bills in the Department of Justice, Equality and Law Reform.
Given the recent reports of housing developers refusing to build social and affordable housing under Part V of the Planning and Development Act, will the Taoiseach bring forward the housing (miscellaneous provisions) Bill and include in it the reinstatement in full of Part V, which the Government gutted at the behest of developers and speculators?
The eligibility for health and personal social services Bill has been repeatedly promised and repeatedly postponed. The new legislative programme states that publication is expected in 2007. Is that early 2007 or will it happen at all in the course of this Dáil?
We hope to bring forward the housing (miscellaneous provisions) Bill early next year.
Will it restore Part V of the planning legislation?
The Taoiseach should be allowed to answer questions without interruption.
The eligibility for health and personal social services Bill will be dealt with at some stage next year. It was sent for drafting some time ago.
The Minister for Transport has promised a new road traffic Bill before the end of this year to deal with several road traffic matters. However, the promised legislation is included on neither the pink list nor the white list. Is it still the intention to produce the Bill this year and when are we likely to see it?
The Minister informs me that the Bill is being drafted.
What is the reason for the delay in publication of the register of persons who are considered unsafe to work with children Bill and when are we likely to see it? This is urgent legislation that was promised two years ago.
This Bill has been delayed to allow us give effect to the recommendations of the joint working group on the protection of children. The legislation arises out of the North-South Ministerial Council. Work thus far on the Bill has concentrated on developing procedures for the vetting of convictions through the vetting unit. The development of a register gives rise to a range of policy and practical implementation issues.
This is a North-South issue and it is not possible to give a date for the Bill's publication at this stage. If, as stated earlier, we made progress, we could deal with this issue.
Given the wider issues raised by the Taoiseach's response during Leaders' Questions and in light of the elements of hypocrisy and double standards on the part of others in the House——
Does the Deputy have a question? I intend to move on to the next area of business because it is after 6 p.m.
——particularly the Fine Gael and Labour parties, will the Taoiseach give consideration to new legislation restricting corporate donations, personal donations and loans to politicians?
That question has already been answered.
I think this is sorely needed and the Taoiseach did not answer the question earlier.
I ask the Deputy to resume his seat and be orderly, it is after 6 p.m. and there are many Deputies offering.
With respect, the question was not answered in this context and I would like a reply from the Taoiseach. Given the personal stress he has experienced, would he not consider it appropriate to put forward legislation to tighten up this area?
I ask the Deputy to resume his seat.
It is a fair question which I believe the Taoiseach might be willing to address.
I ask the Deputy to resume his seat.
I tabled two parliamentary questions for answer today and the Ceann Comhairle disallowed both. I agree with him regarding one of them.
I would be delighted to discuss the matter with the Deputy if he wishes to call to my office.
I want the Ceann Comhairle's reasons for rejecting the question to be placed on the public record.
The Deputy is welcome to put it on the private record. I call Deputy Kehoe.
I will not resume my seat.
The Deputy is out of order.
I am not out of order.
I was told to——
The Minister for Communications, Marine and Natural Resources said that he would intervene with An Post.
I would like to ask the Taoiseach——
If the Deputy wishes to frustrate his colleagues during the Order of Business, so be it.
I want an answer.
I am moving on to No. 10.
I will not resume my seat. I will interrupt business if I must. I will stand on the seat.
A Deputy
Look at the Deputy.
This is what is wrong with this House. We want openness and transparency. I am entitled to an answer, the Ceann Comhairle can continue to talk. I will walk up to the Ceann Comhairle if I must.
The Deputy is being disorderly, the Chair has informed him that the question can be discussed in private.
I want fair play. That is all I am seeking.