Dáil Éireann debate -
Tuesday, 12 Dec 2006

Vol. 629 No. 3

Order of Business.

The Taoiseach

It is proposed to take No. 16, motion re proposed approval by Dáil Éireann of the World Intellectual Property Organisation Copyright Treaty of 20 December 1996 — back from committee; No. 17, motion re proposed approval by Dáil Éireann of the World Intellectual Property Organisation Performances and Phonograms Treaty of 20 December 1996 — back from committee; No. 18, Supplementary Estimates for Public Services [Votes 1, 18 to 22, inclusive, 26, 30, 32, 35 and 37] — back from committee; No. 19, motion re referral to joint committee of proposed approval by Dáil Éireann of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006; No. 20, motion re referral to joint committee of proposed approval by Dáil Éireann of the Regional Fisheries Boards (Postponement of Elections) and Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2006; No. 1, Local Government (Business Improvement Districts) Bill 2006[Seanad] — Second and Subsequent Stages; and No. 6, Social Welfare Bill 2006 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 11 p.m., Nos. 16 to 20, inclusive, shall be decided without debate and, in the case of No. 18, Supplementary Estimates for Public Services [Votes 1, 18 to 22, inclusive, 26, 30, 32, 35 and 37], shall be moved together and decided by one question which shall be put from the Chair and any division demanded thereon shall be taken forthwith, and Second and Subsequent Stages of No. 1 shall be taken today and the following arrangements shall apply: the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion after 90 minutes, the speeches of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for the Environment, Heritage and Local Government. Private Members' business shall be No. 76, motion re public transport system in Dublin.

An Ceann Comhairle

There are three proposals to put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with Nos. 16 to 20, inclusive, motions re intellectual property, Supplementary Estimates for Public Services, motion re draft custody regulations and motion re regional fisheries board postponement of election, without debate, agreed?

Mr. Kenny

I could refer to a number of matters. The Farrell Grant Sparks report on matters pertaining to No. 20 cost €250,000. That report has not yet been debated in the House, which is a shame given the consequences for inland fisheries of the decision made by the Government on ending driftnet fishing are important in terms of the work that needs to be done on the role and responsibilities of the Central Fisheries Board, if it is to continue, and the overlapping of responsibilities among regional fisheries boards. I object to No. 20, therefore, because we have not discussed that important report.

Mr. Broughan

I also oppose No. 20 and, in particular, the postponement of elections to regional fisheries boards, for similar reasons to those set out by Deputy Kenny. We expected to have the regional fisheries authority Bill before the House by Christmas. However, it is now being said in the responsible Department that the legislation will not be introduced by this Government and that the key decisions about inland fisheries will be left for the next Government. It seems most undemocratic that regional fisheries organisations will be left in a limbo over the next year because of this postponement. I oppose No. 20 for that reason.

Mr. Sargent

Each of these matters deserves debate, with No. 20 deserving our particular attention in light of the Farrell Grant Sparks report. The future of fisheries is clearly perilous. This omnibus approach does not suggest the Government is paying attention or being accountable to the House on these matters. No. 20, which is to be taken as part of a general omnibus, highlights the irrelevance of the House to people outside if this is how they think we deal with our business. We should deal with each of these matters separately.

Aengus Ó Snodaigh

I oppose the proposal to send No. 19 to committee without debate because these regulations, which purport to govern the treatment of persons in Garda custody, have been in place since 1987. No. 19 provides for only a minor adjustment given that the regulations pre-date the events uncovered by the Morris tribunal in County Donegal and many of the deaths which occurred in custody, including that of Terence Wheelock. These regulations are, therefore, dangerously ineffective, as has been proven by the many grave abuses which have been committed in custody since 1987, including the Dean Lyons case. These regulations need to be radically overhauled rather than sent to committee without debate. There should be a full debate in the House on this issue, to take account of the recommendations of Mr. Justice Morris and the recommendations made by the likes of the Irish Council for Civil Liberties and the Irish Human Rights Commission, which was established after these regulations were initiated in 1987. I urge the House to ensure this is not referred to the committee without debate. The House should debate some proper amendments and changes to the regulations to give effect to the recommendations.

Question put: "That the proposal for dealing with Nos. 16 to 20, inclusive, be agreed to."

The Dáil divided: Tá, 72; Níl, 58.

Tá

• Ahern, Bertie.
• Ahern, Michael.
• Ahern, Noel.
• Andrews, Barry.
• Ardagh, Seán.
• Blaney, Niall.
• Brady, Johnny.
• Brady, Martin.
• Brennan, Séamus.
• Browne, John.
• Callanan, Joe.
• Callely, Ivor.
• Carey, Pat.
• Carty, John.
• Cassidy, Donie.
• Cooper-Flynn, Beverley.
• Coughlan, Mary.
• Cowen, Brian.
• Cregan, John.
• Curran, John.
• de Valera, Síle.
• Dempsey, Noel.
• Devins, Jimmy.
• Ellis, John.
• Finneran, Michael.
• Fitzpatrick, Dermot.
• Fleming, Seán.
• Gallagher, Pat The Cope.
• Glennon, Jim.
• Grealish, Noel.
• Hanafin, Mary.
• Harney, Mary.
• Haughey, Seán.
• Hoctor, Máire.
• Jacob, Joe.
• Keaveney, Cecilia.
• Kelleher, Billy.
• Kelly, Peter.
• Killeen, Tony.
• Kirk, Seamus.
• Kitt, Tom.
• Lenihan, Brian.
• Lenihan, Conor.
• McGuinness, John.
• Martin, Micheál.
• Moloney, John.
• Moynihan, Donal.
• Moynihan, Michael.
• Mulcahy, Michael.
• Ó Cuív, Éamon.
• Ó Fearghaíl, Seán.
• O’Connor, Charlie.
• O’Donnell, Liz.
• O’Donoghue, John.
• O’Donovan, Denis.
• O’Flynn, Noel.
• O’Keeffe, Ned.
• O’Malley, Fiona.
• O’Malley, Tim.
• Parlon, Tom.
• Power, Peter.
• Power, Seán.
• Roche, Dick.
• Sexton, Mae.
• Smith, Brendan.
• Smith, Michael.
• Treacy, Noel.
• Wallace, Mary.
• Walsh, Joe.
• Wilkinson, Ollie.
• Woods, Michael.
• Wright, G.V.

Níl

• Allen, Bernard.
• Boyle, Dan.
• Breen, James.
• Broughan, Thomas P.
• Bruton, Richard.
• Burton, Joan.
• Connaughton, Paul.
• Connolly, Paudge.
• Costello, Joe.
• Cowley, Jerry.
• Crawford, Seymour.
• Crowe, Seán.
• Cuffe, Ciarán.
• Deenihan, Jimmy.
• Durkan, Bernard J.
• English, Damien.
• Enright, Olwyn.
• Ferris, Martin.
• Gilmore, Eamon.
• Gormley, John.
• Higgins, Joe.
• Higgins, Michael D.
• Hogan, Phil.
• Howlin, Brendan.
• Kehoe, Paul.
• Kenny, Enda.
• Lynch, Kathleen.
• McCormack, Padraic.
• McEntee, Shane.
• McGrath, Finian.
• McGrath, Paul.
• McHugh, Paddy.
• McManus, Liz.
• Mitchell, Olivia.
• Morgan, Arthur.
• Moynihan-Cronin, Breeda.
• Murphy, Catherine.
• Murphy, Gerard.
• Naughten, Denis.
• Neville, Dan.
• O’Dowd, Fergus.
• O’Shea, Brian.
• Ó’Snodaigh, Aengus
• O’Sullivan, Jan.
• Pattison, Seamus.
• Penrose, Willie.
• Perry, John.
• Quinn, Ruairi.
• Rabbitte, Pat.
• Ryan, Eamon.
• Ryan, Seán.
• Sargent, Trevor.
• Sherlock, Joe.
• Shortall, Róisín.
• Stagg, Emmet.
• Stanton, David.
• Timmins, Billy.
• Twomey, Liam.

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

Question declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 1 agreed?

Mr. Gilmore

Since last September the House has had to be adjourned on a number of occasions because of the lack of legislation coming from the Government. Now, in the week before we rise for Christmas, we have a 29 page Bill which, while the Labour Party agrees in general with its content, is quite complex providing for a new levy system for business and changes in the way in which rates are levied on start-up businesses. If ever a Bill required a proper Committee Stage consideration this one does, not a guillotined debate that will finish an hour and half from now. There is, for example, a new formula in the Bill for the liability on rates which states that it will be A x B + C where C is D x E + F but the A and B is a different A and B to the A and B provided for in section 211 of the principal Act. I do not know if Members on the Government side of the House will be able to explain to businesses in the new year that this legislation was passed in an hour and a half and that we all understand what it means. This Bill requires a proper Committee Stage debate and on behalf of the Labour Party I oppose the guillotine to take all Stages by 7 p.m.

Question put: "That the proposal for dealing with No. 1 be agreed to."

The Dáil divided: Tá, 70; Níl, 56.

Tá

• Ahern, Bertie.
• Ahern, Michael.
• Ahern, Noel.
• Andrews, Barry.
• Ardagh, Seán.
• Blaney, Niall.
• Brady, Johnny.
• Brady, Martin.
• Brennan, Seamus.
• Browne, John.
• Callanan, Joe.
• Callely, Ivor.
• Carey, Pat.
• Carty, John.
• Cassidy, Donie.
• Cooper-Flynn, Beverley.
• Coughlan, Mary.
• Cowen, Brian.
• Cregan, John.
• Curran, John.
• de Valera, Síle.
• Dempsey, Noel.
• Devins, Jimmy.
• Ellis, John.
• Finneran, Michael.
• Fitzpatrick, Dermot.
• Fleming, Seán.
• Glennon, Jim.
• Grealish, Noel.
• Hanafin, Mary.
• Harney, Mary.
• Haughey, Seán.
• Hoctor, Máire.
• Jacob, Joe.
• Keaveney, Cecilia.
• Kelleher, Billy.
• Kelly, Peter.
• Killeen, Tony.
• Kirk, Seamus.
• Kitt, Tom.
• Lenihan, Brian.
• Lenihan, Conor.
• McGuinness, John.
• Martin, Micheál.
• Moloney, John.
• Moynihan, Michael.
• Mulcahy, Michael.
• Ó Cuív, Éamon.
• Ó Fearghaíl, Seán.
• O’Connor, Charlie.
• O’Donnell, Liz.
• O’Donoghue, John.
• O’Donovan, Denis.
• O’Flynn, Noel.
• O’Keeffe, Ned.
• O’Malley, Fiona.
• O’Malley, Tim.
• Parlon, Tom.
• Power, Peter.
• Power, Seán.
• Roche, Dick.
• Sexton, Mae.
• Smith, Brendan.
• Smith, Michael.
• Treacy, Noel.
• Wallace, Mary.
• Walsh, Joe.
• Wilkinson, Ollie.
• Woods, Michael.
• Wright, G.V.

Níl

• Allen, Bernard.
• Boyle, Dan.
• Breen, James.
• Broughan, Thomas P.
• Bruton, Richard.
• Burton, Joan.
• Connaughton, Paul.
• Connolly, Paudge.
• Costello, Joe.
• Cowley, Jerry.
• Crawford, Seymour.
• Crowe, Seán.
• Cuffe, Ciarán.
• Deenihan, Jimmy.
• Durkan, Bernard J.
• English, Damien.
• Enright, Olwyn.
• Ferris, Martin.
• Gilmore, Eamon.
• Gormley, John.
• Higgins, Joe.
• Higgins, Michael D.
• Howlin, Brendan.
• Kehoe, Paul.
• Kenny, Enda.
• Lynch, Kathleen.
• McCormack, Padraic.
• McEntee, Shane.
• McGrath, Finian.
• McGrath, Paul.
• McHugh, Paddy.
• McManus, Liz.
• Mitchell, Olivia.
• Morgan, Arthur.
• Moynihan-Cronin, Breeda.
• Murphy, Catherine.
• Murphy, Gerard.
• Naughten, Denis.
• Neville, Dan.
• Ó Snodaigh, Aengus.
• O’Dowd, Fergus.
• O’Shea, Brian.
• O’Sullivan, Jan.
• Pattison, Seamus.
• Penrose, Willie.
• Perry, John.
• Quinn, Ruairi.
• Rabbitte, Pat.
• Ryan, Eamon.
• Ryan, Seán.
• Sargent, Trevor.
• Sherlock, Joe.
• Stagg, Emmet.
• Stanton, David.
• Timmins, Billy.
• Wall, Jack.

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

Question declared carried.