Dáil Éireann debate -
Tuesday, 28 Nov 2006

Vol. 628 No. 3

Order of Business.

The Taoiseach

The Order of Business shall be No. 11, motion re referral to select committee of proposed approval by Dáil Éireann of terms of an agreement between Ireland and the European Bank for Reconstruction and Development on participation in the Multilateral Carbon Credit Fund; No. 12, motion re proposed approval by Dáil Éireann of the terms of the Euro-Mediterranean Aviation Agreement between the European Community and its member states and the Kingdom of Morocco; No. 13, Electoral (Amendment) Bill 2006 — Motion to Instruct the Committee; No. 25, Electoral (Amendment) Bill 2006 — Order for Report and Report and Final Stages; No. 26, Health (Nursing Homes) (Amendment) Bill 2006 — Report Stage (resumed) and Final Stage; and No. 14, motion re current crisis in Darfur, to be taken not later than 8.55 p.m. tonight and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; Nos. 11 and 12 shall be decided without debate; the proceedings on No. 13 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply — the speeches shall be confined to a Minister or Minister of State and to the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, and who may share their time, which shall not exceed 15 minutes in each case, and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; the proceedings on No. 14 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply — the speeches shall be confined to a Minister or Minister of State and to the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, and who may share their time, which shall not exceed 15 minutes in each case, and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and Private Members' business shall be No. 40, Noise Bill 2006 — Second Stage, and the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 29 November 2006.

An Ceann Comhairle

There are five proposals to put to the House. Is the proposal for the late sitting agreed to? Agreed. Is the proposal for dealing with Nos. 11 and 12 without debate agreed to?

Mr. Cuffe

It is opposed. No. 11 deals with a serious issue, yet it is being rushed through this House and being referred to committee. It refers to a decision by Ireland to purchase carbon credits to the value of €5 million from the European Bank for Reconstruction and Development for the purpose of compliance with the Kyoto Protocol in the period 2008 to 2012.

In essence, we have three ways of dealing with the Kyoto guidelines. We can reduce emissions here at home, invest in projects abroad or buy carbon credits. We would be much better off emphasising the need to reduce emissions in Ireland.

An Ceann Comhairle

We cannot have a debate on what Deputy Cuffe might say.

Mr. Cuffe

The point is that we are acting like St. Augustine on this — in other words, make me holy but not just yet. We are dealing with projects elsewhere but not cleaning up our act in Ireland. We need to reduce emissions at home and we need to debate the matter in the House.

An Ceann Comhairle

We are dealing with the proposal.

Caoimhghín Ó Caoláin

I concur with Deputy Cuffe on this matter. It merits a proper debate here in this Chamber. It should not be referred to committee without debate. The import of what is involved is considerable and we, as an island nation, have responsibilities in all of this to ensure that we not only give utterances of support, but demonstrate it in a practical way. The buy-out clause in terms of the carbon credit fund is simply not acceptable. We need to meet our responsibilities under Kyoto in all respects and a full debate here is absolutely necessary.

Mr. Durkan

I agree that this is an important matter. There should be a full and open debate on it in the House. If the Government had pursued a different policy over the past five or six years it would not be necessary to resort to carbon trading, which does nothing at all for the environment. It merely shows up a lack of action on the part of the Government, which did not act sufficiently on alternative energy over the past five years. I would agree entirely with the call for a full debate in the House on this important matter now.

Mr. Gilmore

I agree with colleagues that this matter should be debated in the House. It is proposed to refer this for consideration by the Select Committee on Environment and Local Government tomorrow following which there would be a 20 minute debate on Thursday morning. Perhaps a way to deal with this would be to extend the 20 minute debate on Thursday morning to allow the House an adequate debate. Twenty minutes is not sufficient. As far as I am concerned, if there were a commitment from the Taoiseach to extend the debate on Thursday morning, then this issue could be dealt with by the committee tomorrow and debated in the House on Thursday morning.

The Taoiseach

What time does Deputy Gilmore consider adequate?

Mr. Durkan

Maybe two hours.

The Taoiseach

Could we let the Whips try to deal with that?

Mr. Gilmore

The schedule on Thursday is not exactly overloaded with legislation. We are not overburdened with legislation from the Government at present. If the morning period were given to it, then that would probably deal with it.

The Taoiseach

I would agree to that if we could let the Whips work out the time because I understand there is a revised schedule of business.

Mr. Kehoe

No.

The Taoiseach

They do not agree to that.

Mr. Howlin

The Taoiseach should not foreshorten the policing debate either. It should stretch to the full time.

Mr. Durkan

A minimum of two hours.

An Ceann Comhairle

Is the question accepted that Nos. 11 and 12 be referred to the committee?

Mr. Durkan

No.

Mr. Rabbitte

Rather than dividing the House on this matter, a Cheann Comhairle, can we agree to two hours?

Mr. Howlin

Increase the sitting time to allow the policing debate to run on.

The Taoiseach

We will increase the sitting time on Thursday.

Mr. Durkan

We can do that, yes.

An Ceann Comhairle

Is that agreed?

The Taoiseach

I will accept two hours and we will increase the sitting time today so that we do not lose any other business on Thursday.

Mr. Howlin

Let the policing debate run to 3.30 p.m., rather than 1 p.m.

An Ceann Comhairle

That is agreed. We now move to the third proposal for dealing with No. 13, the Electoral (Amendment) Bill 2006, motion to instruct the committee. Is that agreed? Agreed.

The fourth proposal is to deal with No. 14, motion re current crisis in Darfur. Is that agreed? Agreed. Is the proposal for dealing with No. 40, the Noise Bill 2006, Second Stage, agreed? Agreed.

Mr. Bruton

I wish to raise two issues. The Minister of State at the Department of Health and Children indicated that a review of the children's hospital is proposed. Will the Oireachtas be involved in such a review?

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Durkan

It does.

Mr. Bruton

There seems to be an indication from the Government that this issue is being reviewed.

An Ceann Comhairle

As the House will sit late this evening I would prefer if Members would stay within Standing Order 26. We cannot have an omnibus question when that is a matter for the line Minister.

Mr. Bruton

It would be useful if the Taoiseach could clarify the position.

This is alcohol awareness week and I note the programme for Government indicated that a series of co-ordinated initiatives would be implemented to tackle alcohol abuse by young people. I wish to ask the Taoiseach about progress on introducing legislation on the sale of alcohol. Does he believe that the legislation introduced so far has reduced the level of alcohol abuse by young people and the associated problems? Does the Taoiseach agree that we need to examine this matter seriously? Virtually every major sporting event is sponsored by an alcohol company and we do not seem to have got the message through.

An Ceann Comhairle

The Deputy has made his point. I call the Taoiseach on the legislation.

The Taoiseach

The heads of the Bill have been completed. The legislation to codify the law and deal with the issue of alcohol consumption is due early next year.

Mr. Rabbitte

Will the Taoiseach remind the House where we stand on the defamation Bill and the privacy Bill? Are they being decoupled or are we proceeding with one while the other, the privacy Bill, will take its course?

The Taoiseach

The defamation Bill will start next week in the Seanad but it is still the intention to deal with both Bills.

Mr. Sargent

Tomorrow, a report is expected from a sub-committee of the Joint Committee on Justice, Equality, Defence and Women's Rights on the bombings in Dundalk, Dublin Airport and Castleblayney in the 1970s. Will the Government provide time to debate the serious revelations from that report concerning high level collusion? Will the Government accede to the demand for a public inquiry?

In light of the Taoiseach's acknowledgement of the importance of the debate on carbon fund mechanisms, when will the promised legislation, referred to as the APACE Bill, be introduced? No publication date has been announced for the Bill, which refers to electrical contractors, but we also need standards for other contractors putting in solar panels and geothermal wood-pellet burners. There is a considerable lack of regulation in this area.

An Ceann Comhairle

I call the Taoiseach on promised legislation.

Mr. Sargent

It is important for the Government to recognise that we will not——

An Ceann Comhairle

The Deputy cannot make his Second Stage speech now. I call the Taoiseach on the legislation.

Mr. Sargent

I appreciate that but I just wanted to make things clear.

The Taoiseach

This legislation will provide certain powers of inspection to individuals mandated by electrical contractors. It is not possible to give a date for the legislation.

Mr. Sargent

That is the problem. Will there be a debate on the bombings report?

The Taoiseach

I will be glad to arrange such a debate if we can find time to do so, but time is getting very tight.

Mr. Durkan

The postal services miscellaneous provisions Bill disappeared from the Order Paper about nine or ten months ago. Can it be restored before the post offices also disappear from view?

An Ceann Comhairle

I call the Taoiseach on promised legislation.

Mr. Durkan

As we can see from day to day, postal services are coming under increasing pressure.

An Ceann Comhairle

The Deputy should allow the Taoiseach to answer him.

Mr. Durkan

It is imperative to bring that Bill back before the House.

An Ceann Comhairle

I call the Taoiseach on promised legislation.

The Taoiseach

That legislation has been withdrawn.

Mr. Durkan

We know that but it should be restored.

Mr. Quinn

Is the Taoiseach aware that a UK subsidiary company operating in Ireland, Gate Gourmet, is planning to provoke industrial action in its premises at Dublin Airport?

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Quinn

It arises under promised legislation. The social partnership agreement, Towards 2016, includes provision for the protection of employment through the exceptional collective redundancies Bill, because of a recognised gap in the existing legislation.

An Ceann Comhairle

I call the Taoiseach on promised legislation.

Mr. Quinn

There is a real threat from a company whose track record is well known in Britain.

An Ceann Comhairle

The Deputy should confine himself to the legislation.

Mr. Quinn

Will the Taoiseach introduce that legislation without delay?

The Taoiseach

That legislation is a priority and it is due early in the new year.

Mr. Quinn

It might be too late.

Aengus Ó Snodaigh

Same sex couples here do not have the legal protection they enjoy in the Six Counties. Under the Good Friday Agreement there was to be equivalence in terms of human rights protection. Is legislation likely to be published in the near future dealing with the issue of same sex partnerships or marriages?

An Ceann Comhairle

I call the Taoiseach on promised legislation.

Aengus Ó Snodaigh

If so, is it intended to have it passed before next year's general election?

The Taoiseach

Such legislation is not promised but two important reports on the matter will be published this week.

Mr. Sherlock

On 6 July, the Taoiseach indicated to me that the Voluntary Health Insurance board corporate status Bill was being drafted to address the VHI's corporate status and related matters. He also said that we could expect a debate on the proposed legislation before the end of the year.

The Taoiseach

The heads of the Bill have been approved for quite some time and the legislation is almost ready. It is to be published early in the new year.

Ms McManus

Waiting for legislation from the Department of Health and Children is like waiting for an elephant to give birth — there is a long gestation period which sometimes extends over years. I refer to the medical practitioners Bill, the pharmacy Bill and the health Bill, all of which seem to be taking forever.

An Ceann Comhairle

Does the Deputy have a question?

Ms McManus

I would be grateful if the Taoiseach would indicate when the public health miscellaneous provisions Bill will be introduced. It deals with under-16 year olds being banned from using sun-beds. I raise this question because the Bill will also amend the tobacco legislation. I am sure the Taoiseach is aware of information published today which shows that there is still far too much cigarette smoking among young teenagers. The system of penalties is simply not working.

An Ceann Comhairle

We cannot have a debate on this matter now.

Ms McManus

When can we expect to have this legislation?

An Ceann Comhairle

I call the Taoiseach on the legislation.

The Taoiseach

The public health miscellaneous provisions Bill is due in 2007. It will provide for the prohibition of the use of sun-beds by those under 16 years of age, together with minor amendments to the Public Health (Tobacco) Acts. I understand that the Public Health (Tobacco) (Amendment) Bill has been enacted, but the public health miscellaneous provisions Bill will deal with some other issues. The heads of the Bill have not yet been cleared.

Mr. Crawford

Recently a friend of mine received a letter from the Department of Justice——

An Ceann Comhairle

If the Deputy has a question on legislation, he should come straight to the point.

Mr. Crawford

The letter stated it would be 2008 before the person can talk to the Department of Justice, Equality and Law Reform regarding their rights to residency. In light of this, when will the immigration and residency Bill be dealt with?

In light of the forthcoming budget, when will the family law Bill be discussed in this House to allow for the necessary changes in legislation?

The Taoiseach

The heads of the immigration and residency Bill, which will update the law on immigration and residency and related matters, were approved in September. The legislation is being drafted and it is due in early 2007. The family law Bill is due in 2007, although I am not sure exactly when.