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Dáil Éireann debate -
Wednesday, 31 Jan 2007

Vol. 630 No. 3

Order of Business.

It is proposed to take No. 14, motion re referral to joint committee of proposed approval by Dáil Éireann of the Planning and Development Regulations 2007; No. 15, motion re referral to joint committee of proposed approval by Dáil Éireann of the Council framework decision on the fight against organised crime; No. 1, National Development Finance Agency (Amendment) Bill 2006[Seanad] — Second Stage; and No. 2, Prisons Bill 2006 [Seanad] — Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 14 and 15 should be decided without debate. Private Members' business shall be No. 67, motion re cancer services, 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.

There are two proposals to put to the House. Is the proposal for dealing with Nos. 14 and 15, motions re proposed approval by Dáil Éireann, without debate agreed to?

I assume the motions will be debated when they return to the House.

I do not see it here, but given the question asked by our Whip, Deputy Boyle, on whether the Taoiseach will allow an opportunity for the Minister of State, Deputy Killeen, to make a statement——

It does not arise on this issue. Does the Deputy agree to the motion?

I cannot see another opportunity to raise the matter.

The Deputy cannot use this opportunity because we are dealing with two motions without debate.

The request was made.

The Deputy should stick to medical cards.

Is the proposal for dealing with Nos. 14 and 15, motions re proposed approval by Dáil Éireann, without debate agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

When will we have a full debate on the Moriarty tribunal, which was clear and has many implications? The Taoiseach is mentioned in it himself.

In November, the Government proposed that the Minister of State with special responsibility for children would initiate discussions with Opposition parties about the possibility of a referendum on children's rights. As the Taoiseach knows, there is no political difficulty in so far as the zone of absolute defence is concerned, but our spokesman on justice, Deputy Jim O'Keeffe, was only contacted by the Minister of State about other proposals in this regard yesterday. The Minister of State indicated that he wishes to bring the matter to the Cabinet next Tuesday, which is a short space of time in which to deal with a matter of such constitutional significance.

Is it the Taoiseach's intention to hold a referendum on absolute defence as a single entity or as an amalgamation of the other proposals, which have not been discussed yet? If so, when is that likely to happen? Will the committee's recommendation to reduce the age of consent for sexual relations to 16 years be part of the referendum?

Will we have an opportunity to debate the Harris report in respect of the declining quality of spoken Irish in primary schools? I have mentioned the matter half a dozen times.

We will debate the Moriarty report. The Whips will arrange a date. We should debate it soon because the report was issued in December.

The Minister of State, Deputy Brian Lenihan, wants to finalise discussions, but I accept that it will take some time for people to reflect on the matter. He has almost concluded his work. He has talked with a number of groups, bodies, churches and other interested parties that sent submissions to him. The matter depends on discussions with Opposition parties, which we would like to try to bring to a conclusion as soon as possible. I accept that they cannot be done overnight.

It is the Minister of State's intention to report to the Government on the overall discussions and his wording next week and I would appreciate it if parties could engage with him during the next period. It is a matter for them to decide which period is preferred. We would like to have a referendum if we can get agreement on it, but I do not intend to enter a divisive position. If we can get agreement on it, we would like to move forward and have the referendum. It is something that we should do.

On the Harris report, I must check with the Whips.

I agree with the Taoiseach that it is important to move forward on constitutional protection for the rights of the child, but I am not entirely clear on the last exchange. Is the Taoiseach saying that we will have an omnibus referendum or that a number of separate and different proposals will be put to the people? Is he saying that it is an open question as to whether the referendum will happen before the general election?

May I ask the Taoiseach about the decision of his Government to give €4.3 million of taxpayers' money to a company that sacked 500 Irish workers and replaced them with cheaper labour?

It does not arise on the Order of Business. I suggest that the Deputy find another way to raise it.

I have found a way. If the Ceann Comhairle examines the matter, he will find that legislation is promised to plug the loophole, as the Minister for Enterprise, Trade and Employment called it. How did the loophole arise? It seems to be tantamount to defrauding the taxpayer——

I suggest that the Deputy submit a question to the line Minister responsible.

——to give €4 million of taxpayers' money to a company that sacked its workforce and replaced it with cheaper labour.

I ask the Deputy to obey the Chair. If he has a question, it should go to the line Minister. The Deputy also has an opportunity to use Leaders' Questions, whereas other Members do not.

It is promised legislation. It is permissible to ask my question here. Will we pay employers to sack their Irish workforces——

We cannot debate what might be in the legislation.

——and to replace them with cheaper labour? How did it come about that we pulled such a stroke for this company? At the time, the Taoiseach joined me in saying that it was a disgraceful act, but we have divvied up €4 million to the company.

Legislation on the protection of employment is due this session.

On Deputy Rabbitte's first question, the Government would like to deal with the constitutional amendment over the next few months prior to the election. We would also like to get agreement on it. That is why the Minister of State, Deputy Brian Lenihan, is in consultation on whether the issues will be taken collectively. The Government wishes to deal with the amendment, but we want agreement if possible.

I would like to ask the Taoiseach about three items of promised legislation. Perhaps he could reply to the question I attempted to raise earlier, given the commitment——

It does not arise. Does the Deputy have a question appropriate to the Order of Business?

I think the Minister of State, Deputy Killeen, would like to clear the air on the issue.

I ask the Deputy to resume his seat if he does not have a question appropriate to the Order of Business. We will not stay here all night.

I said that I have questions on three items of promised legislation. The first item ought to be promised legislation, as it is under the heading "Bills in respect of which heads have yet to be approved by Government". No. 63 states: "The provision of DPP appeal against unduly lenient sentences in serious cases before the District Court." However, it does not mention a Bill. Is this a case of the legislation not being properly worded or is this item something other than a Bill? As it does not give a date, I am unsure as to whether it is a priority. Will the Taoiseach elaborate on how No. 63 arises and why it is not listed as a Bill?

Another matter I wish to raise is the charities Bill, which we have been waiting for since 1990. It is a long Bill — the explanatory memoranda are 300 pages long. Can we assume it will not see the light of day before the demise of this Government, even though it is on the pink list? Will the ethics Bill be published and passed before the election?

The provision of the DPP appeal against unduly lenient sentences in serious cases before the District Court will provide for a commitment in An Agreed Programme for Government. The matter has been referred by the Attorney General to the Law Reform Commission for consideration as a matter of urgent public interest. The Law Reform Commission has issued a consultation paper on the subject and the final report is awaited.

The charities Bill will be published this session and we would like to take it before the summer. Ongoing discussions are taking place on the ethics Bill and we hope to publish and take it this session.

Where stands the Bill promised by the Minister for Justice, Equality and Law Reform on the attachment of fines? We were guaranteed that the Minister would introduce a Bill to address the situation as a matter of urgency.

The Bill has been published.

When does the Taoiseach propose to introduce the new Voluntary Health Insurance Board corporate status Bill, as promised last year?

It will be taken this session.

There is no mention of a referendum Bill in the list of Bills to be published before the end of the session in the Government's programme of legislation. Will the Taoiseach indicate if it is not the intention to flag the Bill for a referendum to enshrine children's rights in the Constitution?

Since the publication of the health strategy in 2001 we have been waiting for legislation defining the rights of people to health and social services. The Health Bill is going through Second Stage in the Dáil at present——

Does the Deputy have a question? Many Members are offering and I am moving on to the next business.

The Ceann Comhairle is taking up all the time. Where is the eligibility for health and personal social services Bill, an integral part of the package? It should be taken in tandem with the Health Bill. Will it be before the House before the dissolution of this Dáil?

That Bill is listed for this year.

What does that mean?

It means 2007.

Who will introduce it and when?

The Minister of State, Deputy Brian Lenihan, intends to bring to Government proposals on the referendum Bill so we can reach agreement on them. The Bill depends on that.

It will not be introduced before the dissolution of the Dáil.

I was surprised to read over Christmas in a Fianna Fáil newspaper that is distributed around Dublin — I think it is called the Dublin Voice — that the Dublin transportation authority has been established and is now regulating the bus market in Dublin.

I suggest a question to the line Minister.

This is about promised legislation. There is no legislation for the authority, no budget and no chairman, and I want to know if there is any chance it might be put in place during this term.

Is legislation promised?

The Taoiseach promised that last term and the term before.

It is promised. The newspaper is ahead of us.

The Taoiseach should mention that to Deputy Mulcahy.

Does the Taoiseach expect that the student support Bill will be enacted before the general election?

The commitment is to publish it and to take it this session.

I wish to ask the Taoiseach about the ordering of business in the Dáil and promised legislation. I received a letter from the Chief Whip stating that the 25 Bills to be published reflect the Government's determination to fulfil its commitments outlined in An Agreed Programme for Government. Is the Taoiseach confusing the ninth month of pregnancy for the first? How can he seriously suggest that 25 Bills can be published, debated and passed or rejected in the ten weeks remaining? To do that the Government would need more guillotines than the French Revolution. Will the Taoiseach be serious and tell us which Bills are a priority, ones that the Government intends to take in this session before the dissolution of Dáil Éireann, so we can prepare for what will be proposed to the Dáil? We do not need a pink wish list — the longest last will and testament of any Government. We need a real list.

The Deputy has made his point and I ask him to allow the Taoiseach to answer.

The Deputy should work on the basis of the pink list.

Can we be serious please? The Ceann Comhairle, as Chair of the Dáil, should see that the Government is serious about promised legislation.

The Chair has no responsibility in that regard. No Chair in the world would interfere in such a situation. If the Deputy has a question I will hear it.

How many of the 25 Bills does the Taoiseach say will be not just published but debated and concluded before the dissolution of Dáil Éireann?

With the Deputy's co-operation, hopefully 25.

Is it intended to sit on Sundays as well?

When will the animal health Bill be introduced?

I do not have a date for that Bill.

Cathain a fhoilseofar reachtaíocht i leith Údarás na Gaeltachta chun cumhacht Údarás na Gaeltachta a leathnú?

It will be published this year but not in the next few months.

I have waited ten years so I am not too disappointed.

I did not want to disappoint the Deputy.

I will discuss it with the Deputy in the second half of the year.

It is a great Bill but it moves slowly.

Speaking of the next few months, I see that an electoral Bill has been promised for publication during this session to address issues arising from the recent Supreme Court judgment on assenting to the nomination of non-party candidates in Dáil elections. Will there be anything in that Bill other than what is mentioned in the list and when will we see it?

There will be new spending limits.

It has gone through the Government and is due for publication any day.

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