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Dáil Éireann debate -
Tuesday, 7 Nov 2006

Vol. 626 No. 6

Order of Business.

It is proposed to take No. 9, motion re Standing Orders Nos. 125 and 170; No. 10, motion re ministerial rota for parliamentary questions; No. 15, Citizens Information Bill 2006 — Second Stage, resumed; and No. 1, Europol (Amendment) Bill 2006 [Seanad] — Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 9 and 10 shall be decided without debate. Private Members' business shall be No. 54, motion re energy price increases.

There is one proposal to put to the House. Is the proposal for dealing with Nos. 9 and 10 without debate, motions re Standing Orders Nos. 125 and 170 and the ministerial rota for parliamentary questions, agreed? Agreed.

No. 28, the carbon fund Bill, is on the list for early 2007. When is it likely to be published? When is the immigration and residence Bill due for publication? This Bill will update the law on immigration, residence and other matters relating to non-nationals and is also expected in early 2007. Will the Taoiseach give an update on the situation in respect of the wish of the people of Dingle——

The third question does not arise. The Deputy was doing very well on the first two.

The first two questions are perfectly legitimate.

Unfortunately, the third one is not.

Seán Lemass used to say that Fianna Fáil was slightly constitutional. In fairness, the question is not far off the mark. There was a referendum in Dingle and perhaps the Taoiseach will give us an update on the visit of the Minister with responsibility for the Gaeltacht to that area.

Unfortunately, the Chair cannot make that decision.

The heads of the carbon fund Bill were approved in July and the Bill is on target for early 2007. There are 70 heads in the immigration and residence Bill and these have just been approved. The Bill is due in 2007 but I do not have a definite date on it. The Bill will update the law on immigration, residence and other matters relating to non-nationals. I understand the Minister will attend a meeting on the other issue raised.

Is it An Daingean or Dingle?

It appears the state of the electoral register after the refurbishment is worse than it was before we started out. What action does the Government intend to take——

That does not arise on the Order of Business.

The Chair will facilitate the Deputy if he wishes to raise the matter in an appropriate way.

I remember asking Mick McCarthy once how many times he had been sent off——

That certainly does not arise on the Order of Business.

——and he said he probably deserved it the first four times and he certainly deserved it the last three times. Similarly, I think a question about the state of the electoral register on the Order of Business is entirely appropriate.

It is an appropriate question for the line Minister and there are many ways the Deputy can raise the matter in the House, but it is not appropriate on the Order of Business. The Deputy could have raised the matter on Leaders' Questions.

May I put it this way? Will the Taoiseach provide time in the House to debate the grossly inadequate state of the electoral register?

Is time promised?

We did not hear a reply.

I wish to raise a second matter. Do I understand the Taoiseach to have said today at Question Time that there is no prospect of a referendum on the children's issue before the general election or did he say that it is an open question because he must discuss the issue with the rest of us? I know that will weigh heavily on him. Will he be clearer? Will there be a referendum before the general election?

If I state that we must have it by a particular time, taking into account the consultation process, people will say that I am being prescriptive in trying to decide it. It is an open question. The Minister of State at the Department of Health and Children, Deputy Brian Lenihan, is available and ready to enter into dialogue with the political parties and the many NGO organisations with an interest in this issue and has been talking to them over recent months prior to the UN meeting. If we can agree on the wording, I am happy to have the referendum whenever possible. It may be included with other issues, before the general election or with the election. I am totally open on the issue.

Will we have a debate on the state of the electoral register?

That does not arise on the Order of Business.

I can ask for a debate.

Only on promised debates.

It would be as well for the Ceann Comhairle to shut the House down altogether.

It might suit the Deputy to stay within Standing Orders.

It is an important matter. Will the Taoiseach provide time for us to have a discussion on the matter or will he say what measures will be taken to make the register representative of the number of people who are entitled to vote?

The second question is out of order.

I cannot answer the second question. The Minister has asked that the relevant Oireachtas committee meet so that he can make a presentation on the matter. There is a good and positive story to tell. There is also the requirement where the House can help to ensure the register is completed. Given that the Minister has asked I suggest the committee do that.

Tell the people.

I regret the Chair did not see fit to accept my Standing Order 31 request. On promised legislation, I seek to move the matter on to some extent. When it comes to the use of banned chemicals and violation of labour standards in a company it is strange that the employment rights compliance Bill does not, as yet, seem to have a date for publication.

On legislation——

That is my first point. I ask about that legislation and the date of publication.

I ask the Taoiseach to respond.

Following his reply to Deputy Kenny on the carbon fund Bill, is that the only legislation in train to face the challenge presented by the Stern report?

Is legislation promised?

Is there other legislation or do we have to wait until the Green Party gets into Government before we can get any decisive and effective action?

I do not have a date as to when the employment rights compliance Bill will be published. The heads of the Bill have not been brought forward so I do not have a date.

Everybody knows that.

I was asked about the carbon fund Bill. The issue of the Stern report is being examined across a number of Departments with a view to taking whatever action is necessary.

Has the Government abandoned the intellectual property legislation? I remember I was likened to a good German doctor for quoting statistics from the Minister for Justice, Equality and Law Reform. Now the Minister for Justice, Equality and Law Reform is turning 12,500 Garda into 14,000 and the Minister for Finance is turning 650,000 people paying tax at 42% into 400,000.

The Deputy will have to wait until the Bill comes before the House to discuss Second Stage.

Certainly the integrity of data is collapsing on that side. Maybe the Government was too high on its own supply over the weekend.

It was magic.

I was looking at the correspondence. It was good of Deputy Bruton to word the question in a way that makes everybody look at the answer. It was interesting to find out, when one examines it, that only 20% of people pay the higher rate of tax.

It was a very creative and technical argument that the Taoiseach could not master.

I did not have the time to do it. It was very kind of the Deputy to frame his question in a way that actually made people look at the answer. Now we know that only 20% of the people pay tax at the higher rate.

A Deputy

Thank you doctor.

That is provided the answer is correct.

We have been promised many times the publication of the Leas Cross nursing home report. When will we see it?

To be honest, I do not know.

I am sorry——

I will try to find out the information for the Deputy.

I ask the Taoiseach to pay more attention to this matter. This matter has been going on since May——

Sorry, Deputy, we cannot have a debate.

——and people have a right to see this report. I am grateful the Taoiseach said he would get back to me. What is much more important is that he gets back to the Irish people and publishes what is a very important report.

Sorry, my note says on or about 10 November, which is this Friday. Quite honestly, I was not aware of that.

I thank the Taoiseach.

I note the heads of the Bill on the long-overdue legislation to outlaw human trafficking have finally been published. When is it intended that the criminal law trafficking in persons and sexual offences Bill will be brought before the House? In relation to the Child Care (Amendment) Bill, can the Taoiseach advise as to what stage it is at in terms of its passage through the Seanad and when it is intended that the Bill will come before the Dáil Chamber?

The heads of the criminal justice trafficking in persons and sexual offences Bill have been completed and it is gone for drafting. It is hoped to have the Bill in early 2007. I understand Report Stage of the Child Care (Amendment) Bill has been ordered for the Seanad tomorrow.

Under promised secondary legislation, part of the nitrates action plan was implemented on 1 August 2006 and part has yet to come into force. When will that statutory instrument come into force? When will the agricultural community be informed of the legislation that is now binding which means they can be fined up to €30,000——

Sorry, Deputy——

——for spreading fertiliser on land if the ground temperatures are one degree lower than that set out in the statutory instrument? This is bureaucracy gone mad.

It is. That is a sure sign of it.

I understand it will be published next week and that meetings have been ongoing throughout the country for the past few weeks.

In view of the initiative launched yesterday by the Shell to Sea campaign to establish a commission to try to break the impasse on the Corrib gas——

Has the Deputy a question on legislation?

Will he consider underpinning that commission——

Is legislation promised?

Sorry, a Cheann Comhairle——

As the Deputy is aware, on the Order of Business it is appropriate to ask about promised legislation.

I am about to finish the question and I am coming to the parts which are relevant.

The House has gone on 24 minutes too long on Leaders' Questions so it is time to move on.

It is in relation to legislation.

What is the Deputy's question on legislation?

Will the Taoiseach consider underpinning it——

Is legislation promised?

——with the commission of investigation legislation?

No legislation has been promised. I call Deputy Boyle.

Will he give time to debate the matter in the House?

Sorry, Deputy, as Deputy Stagg has pointed out to me so often it is a matter for the Whips.

Well if it is a matter for the Whips, the Taoiseach can reply to it here.

Yes, Deputy, but if I were to allow that question every Member——

The Whips on this side have no say in the matter.

——on each side of the House would get up and raise an issue he or she would like to see debated in the House.

Will secondary legislation be available by way of an instrument to the Minister for Enterprise, Trade and Employment for a situation I outlined earlier under Standing Order 31 for a company in which the Minister for Agriculture and Food, supposedly, has a golden share, in terms of redundancies in the Greencore company? If that instrument is not available to the Minister does the promised legislation, the protection of employment exceptional collective redundancy Bill, cover that circumstance?

We cannot discuss what the interpretation of legislation means.

That legislation will be published next year.

A year ago the postal services Bill was promised. Last week the Tánaiste said it was not promised. On the legislative programme published at the time, which I have, it was promised. Perhaps the Taoiseach will indicate how, in the space of a year, legislation that was promised is no longer promised and for what reason——

I call the Taoiseach on legislation.

——given, particularly, the need to address the issue of the postal services and the internal problems in An Post at any given time and the whole structure——

We cannot discuss what might be in the Bill. I call the Taoiseach on the legislation.

I wish to raise two other items. I receive countless complaints, as I am sure everybody else does, from all over the country about ESB bills being estimated whereby the consumer has to pay the accumulated increases——

Has the Deputy got a question on legislation?

I have. The relevant legislation can be dealt with in the context of a debate on the single electricity market Bill.

Is that promised legislation?

It is promised legislation. On a daily basis we all get continuous complaints about the lack of availability of broadband and the lack of urgency in the provision of the facility throughout the country with a consequent impact on business. The legislation is the electronic communications Bill which is promised.

Regarding the Deputy's first question on postal services, earlier this year the Minister withdrew that Bill. The other two Bills, the Single Electricity Market Bill and the Electronic Communications (Miscellaneous Provisions) Bill, will be introduced this session.

Why did the Minister withdraw the Bill?

The Deputy should put down a question to the Minister.

I did so.

It is four months since the Commission on Electronic Voting submitted its report to this House. When will the Government provide time for a debate on that report?

As I pointed out to Deputy Gilmore's colleague, if everybody asks the same questions ——

This is perfectly in order. The report was submitted to the House and we are entitled to debate it.

The Deputy should ask the Whips to discuss the matter.

That was the answer I received when I last asked the question two or three weeks ago. I understand the matter has been raised with the Whips. When will the Government provide time to debate this report?

It is an important issue.

The Taoiseach says it is a matter for the Whips.

The Government orders time in this House. When will time be provided?

I suggest the Deputy should find another way of raising the matter.

This is the way to raise it.

The question has been answered by the Taoiseach and the Chair does not intend to remain here all day. I call Deputy Crawford.

With the greatest respect, this is a report which was made to the House and this is the time and place to raise the question of when it will be debated. Will the Taoiseach tell us when it will be debated?

The Taoiseach has answered the Deputy's question.

He did not answer it. He passed it off to the Whips.

I ask the Deputy to allow Deputy Crawford to speak.

I would like an answer to my question.

This is not yet a one-party State.

Deputy Gilmore is clearly not familiar with parliamentary procedure. The Whips meet once per week to discuss various issues. The Chief Whip puts forward what he would like to do and the others have their say before he sets out the schedule.

The Chief Whip does what the Taoiseach tells him.

If Deputy Gilmore thinks I stay up all night worrying about the Chief Whip's actions, I do not.

Deputy Kitt gets his way every time.

Sixty million euro.

I will ask the Chief Whip, who has listened to Deputy Gilmore, to take account of the Deputy's concerns.

In light of the fact many families are being disadvantaged by the lack of rights to residency and that the waiting time for the processing of applications is more than two years, when will the immigration and residence Bill be debated in this House?

It will be brought in in 2007.

In the entertaining comedy turn given by the Minister for the Environment, Heritage and Local Government, Deputy Roche, at Citywest last weekend, he referred to major changes in the area of microgeneration. Given that the CER is carrying out a consultation process at present, will legislation be introduced on these changes before the general election?

To which Bill does the Deputy refer?

I was referring to a microgeneration Bill. My point is that no legislation will be brought. The Minister told us we would all have windmills and solar panels on our roofs.

Don Quixote.

That will not happen before the next Government enters office.

A large number of people are already receiving grants for solar panels, so they do not require legislation.

What about windmills?

I read somewhere that the Minister for Education and Science completely misunderstands my party's position with regard to the Irish language.

That does not arise on the Order of Business.

It does arise. I ask the Taoiseach to consult ——

Will Deputy Kenny clarify whether he intends to abolish compulsory Irish?

The Minister's remarks were beneath a person of her stature.

Does the Deputy have a question appropriate to the Order of Business?

I take it the Deputy intends to abolish compulsory Irish.

I would be delighted to get into the trenches with the Minister on this matter.

The Deputy should not allow himself to be provoked.

Aon uair.

Am ar bith. I ask the Taoiseach to inform the Chief Whip that I would like a debate in due course on the Harris report which, as the Minister is aware, concerns the quality of spoken Irish in the primary school system.

I will consult the Whip.

I wish to inquire about two United Nations conventions. On 7 September 2000, or more than six years ago, Ireland signed the optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. On 13 December 2000, Ireland signed the protocol to prevent, suppress and punish trafficking in persons, especially women and children, which was supplementary to the United Nations Convention against Transnational Organised Crime. When is it proposed for Ireland to ratify these two basic conventions to protect the rights of the child?

I will investigate the matter and revert to the Deputy on it.

Under legislation, a proposal which offers a reasonable and sensible way for resolving the Corrib gas conflict is an independent public inquiry into the location of the Corrib gas project. What is the Taoiseach's view of the matter?

That does not arise on the Order of Business.

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