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Dáil Éireann debate -
Tuesday, 13 Feb 2007

Vol. 631 No. 3

Order of Business.

It is proposed to take No. 12, motion re referral to select committee of proposed approval by Dáil Éireann of the Internal Agreement concerning the 10th European Development Fund; No. 19, National Oil Reserves Agency Bill 2006 — Report Stage, resumed, and Final Stage; No. 20 — National Development Finance Agency (Amendment) Bill 2006 [Seanad] — Second Stage, resumed; and No. 21 — Prisons Bill 2006 [Seanad] — Second Stage, resumed. 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 10 p.m.; No. 12 shall be decided without debate; the proceedings on the resumed Report and Final Stages of No. 19 shall, if not previously concluded, be brought to a conclusion at 6 p.m. today 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 Communications, Marine and Natural Resources; and the proceedings on the resumed Second Stage of No. 20 shall, if not previously concluded, be brought to a conclusion at 9 p.m. tonight. Private Members’ business shall be No. 39, Biofuels (Blended Motor Fuels) Bill 2007 — 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, 14 February 2007.

Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 12 without debate agreed?

No. This motion is to be referred to the committee without debate. In our view there should be a comprehensive debate on aid and trade in this House. People demonstrated their interest in this matter during the Jubilee 2000 campaign, which culminated in a substantial petition, and during the subsequent Make Poverty History campaign, which urged conditions-free debt cancellation and fair trade with developing countries. The motion should be debated comprehensively here and not referred to the committee without debate.

The motion is being referred to the committee where it will be debated. With the pressure on the House, if it was debated here it would be rushed. The committee can debate it for as long as it wants.

Is the Deputy pressing the question?

I am not happy but I will not press it.

Is the proposal for dealing with No. 12 agreed? Agreed. Is the proposal for dealing with No. 19 agreed?

I object to the guillotine being imposed on this matter.

Oil reserves in this country, by international comparisons, are a disgrace in terms of our lack of preparedness. Guillotining this Bill is not responsible government. A full debate should be allowed given the strategic importance to the country of getting it right.

Question, "That the proposal for dealing with No. 19 be agreed to", put and declared carried.

Is the proposal for dealing with No. 20 agreed?

We do not agree to any of the guillotines the Government is proposing, including this one.

Question, "That the proposal for dealing with No. 20 be agreed to", put and declared carried.

Is the proposal for dealing with No. 39 agreed? Agreed.

I want to ask the Taoiseach three questions. First, it is a number of months since the Taoiseach made his announcement about holding a referendum on children's rights. As I pointed out previously, there is no dispute or difference of political opinion about the zone of absolute defence and the requirement to deal with that. The other four proposals are, to put it mildly, a cause of discussion. The Taoiseach will agree that in dealing with matters of the Constitution the public should have a right of proper, thorough and comprehensive consultation. We have not yet seen the draft terms of reference, nor have we seen any wording. What is the intention now in respect of that referendum in view of the serious tightness of the programme before the general election?

Second, I have had a number of reports of the barbaric crime of genital mutilation having been carried out in this city on a number of occasions. I cannot verify that but human trafficking is not a crime in Ireland. The Bill is listed for publication, at No. 38 or No. 39, under the Department of Justice, Equality and Law Reform. Will the Taoiseach give an indication if he is aware of any references to such barbaric practices and if it is intended to publish the Bill sooner to deal with that issue?

Third, in respect of No. 42 on the list, the Employment Agency Bill, when does the Taoiseach expect that to be published? The Taoiseach said publication is expected some time in 2007.

At the Cabinet meeting this morning the Government approved the wording of the amendment we propose to put to the people on the place of children in our Constitution. We will publish the referendum Bill next week. The final wording for the amendment follows extensive consultation with the Opposition parties, voluntary organisations that work with children and other interested organisations, faith groups and the Ombudsman for Children. We will circulate our proposals and if people have comments to put to the Minister they should do so.

The trafficking Bill will be published in early summer. The Deputy raised that matter with me previously. The heads of the Bill are ready. It is a question of drafting to try to get it moving as soon as possible but it will be published.

The Employment Agency Bill will be published later this year. I do not have the exact date but it will be later on in the year.

One reads reports of a new sixth matter, the issue of "soft information", being introduced into the planned referendum on children's rights. Is that included in the Taoiseach's proposals? Has the legislation been drawn up and does it relate to the zone of absolute protection? Will it be circulated to Members and organisations simultaneously?

We will publish the wording and the referendum Bill. We have circulated two detailed briefing documents outlining the scope of the proposed amendment. We have met the Opposition parties at least twice and have listened carefully to suggestions and concerns put forward by various groups. The wording will be published with the Bill next week and will reflect those considerations. If people have other comments to make, they can make them then.

I was not inquiring about the referendum Bill but about the legislation that would follow on from such a referendum, particularly as it relates to the age of consent and the absolute zone of protection.

That legislation is not ready.

Given that the timeframe is remarkably short for a detailed public debate, has the Government taken the legal advice on the balance between the position of the family and of the child in the Constitution?

That does not arise on the Order of Business. I call on Deputy Crawford.

The promised legislation——

Deputy Sargent has made the point about how short we are of time to get on with the business of the House.

I am talking about the election, but I am also talking about promised legislation. Since 2003 a certain Bill has been promised but since 2005 no date for its publication has been forthcoming——

Will the Deputy come to the legislation? He cannot have this preamble before every question.

The legislation relates to a large part of Ireland's economic welfare——

I will call Deputy Crawford if the Deputy does not ask a question.

Deputy Crawford will want to hear about this legislation as it relates to his constituency and the Ceann Comhairle's.

Will the Deputy just ask a question about legislation? We do not need to have a preamble.

I am referring to the publication of the animal health Bill. Given the MRSA problem in our hospitals, will there be a corresponding human health Bill? However, the legislation is on the list and there is no indication of a date since 2005.

The heads of the Bill have been approved but I have no date for its publication.

In light of the extraordinary situation where nursing homes have been given new orders that they can only go by a certain figure——

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

It is extremely appropriate.

Will the Deputy come to the legislation concerned?

The Minister for Health and Children indicated some time ago there would be a new nursing home support Bill. Today, I received a letter from the Minister claiming she has no power or discretion in the nursing home situation. Is it possible to introduce legislation that will provide for the Minister for Health and Children to have some power——

The Taoiseach to respond on proposed legislation.

——with the HSE in light of the situation in County Monaghan and elsewhere?

The nursing home support Bill is due this year.

And no power for the Minister.

Reports in some Sunday newspapers stated there was correspondence between the Department of the Environment, Heritage and Local Government and the Mahon tribunal concerning the tribunal's possible winding-up and matters relating to legal fees. Since the tribunal was established by the House, does the tribunal intend to issue any reports in the lifetime of this Dáil? Will any correspondence of the kind reported in the newspapers be laid before the House? Is the Government planning any legislation relating to the tribunal?

There is no planned legislation.

What about the correspondence?

That does not arise on the Order of Business. I suggest Deputy Gilmore submits a parliamentary question.

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