Order of Business.

The Taoiseach

It is proposed to take No. 22, statements on the Moriarty report; No. 1, the Health (Nursing Homes) (Amendment) Bill 2006, amendments from the Seanad; No. 23, Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006 — order for Report, Report and Final Stages; and No. 21, the Prisons Bill 2006 [Seanad] — Second Stage, resumed. It is proposed, notwithstanding anything in Standing Orders, or the order of the Dáil on Tuesday 13 February 2007 that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10 p.m.; (1) suspension of sitting pursuant to Standing Order 23(1) shall take place at 1.30 p.m. or on the conclusion of No. 22, whichever is the later, until 2.30 p.m. and the proceedings on No. 22 shall, if not previously concluded, be brought to a conclusion after 90 minutes and the following arrangements shall apply: the statements of the Taoiseach 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 statements 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 statement in reply which shall not exceed five minutes.

The proceedings on No. 1 shall, if not previously concluded, be brought to a conclusion at 5 p.m. today and any amendments from the Seanad not disposed of shall be decided by one question which shall be put from the Chair, and which shall, in relation to amendments to the Seanad amendments, include only those set down or accepted by the Minister for Health and Children; the Report and Final Stages of No. 23 shall be taken today and the proceedings thereon 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 Communications, Marine and Natural Resources; and private Member's business which shall be No. 39 Biofuels (Blended Motor Fuels) Bill 2007 — Second Stage (resumed), shall be taken at 7 p.m. tonight, or on the conclusion of No. 23, whichever is the later, and shall be brought to a conclusion after 90 minutes; the proceedings on the resumed Second Stage of No. 21 shall, if not previously concluded, be brought to a conclusion at 10 p.m. tonight.

An Ceann Comhairle

Is the proposal for the late sitting agreed and on the suspension agreed? Agreed. Is the proposal for dealing with No. 22 statements re the Moriarty report agreed?

Mr. Kenny

I seek to amend the Standing Order in respect of No. 22. The Moriarty report is a large document and the tribunal has gone on for years, costing the tax payer a significant sum. Mr. Justice Moriarty has made clear findings and recommendations. I propose that the Order of Business be amended to provide a time of 30 minutes for questions and answers arising from the statements in respect of the Moriarty tribunal.

Mr. Rabbitte

I support the amendment proposed by the leader of Fine Gael. It is a modest request having regard to the enormity of the contents of the Moriarty report before the Dáil. It is unconscionable to allocate approximately ten minutes per year of inquiry to discussion of the report. The Moriarty tribunal has continued for more than nine years and it is proposed that we allocate 90 minutes to it. This is inadequate to draw the lessons that need to be drawn from the report.

I do not see the leader of the Progressive Democrats included in the list of speakers. Is this a precedent for the future? I do not object to this. The former leader of the Progressive Democrats, Dessie O'Malley will be uncomfortable that the present leader has agreed with the leader of Fianna Fáil to guillotine this debate at 90 minutes. If Mr. O'Malley were in the House he would need the full 90 minutes. The fact that Deputy McDowell is assenting to this kind of truncated debate on the profound issues raised by the Moriarty report shows that the Rottweiler has become a lap-dog. It appears that he will not be present in the House to express his views on these issues.

Mr. Sargent

On behalf of the Green Party I support Deputy Kenny's request for an amendment that there be questions and answers on this section of the Order of Business. Although there has been a clawback and the tribunal has resulted in money coming into the coffers, as well as being expended, we should give due regard to the fact that at 678 pages and a cost of €25 million, the scale of the job set for the tribunal warrants some level of political accountability from the Government. I urge the Government and the Taoiseach to facilitate Deputy Kenny's request.

This would give us an opportunity to ask about the operation of standards in public office and the impact of the work carried out by the Moriarty tribunal, rather than leave the report as an historic document to gather dust. It must be noted and acted upon which requires a question and answer session and a level of accountability we have not experienced.

Mr. Morgan

I support the amendment although I know that while there will be many questions there will be very few answers.

Question put: "That the amendment be made."

The Dáil divided: Tá, 59; Níl, 70.

Tá

Allen, Bernard.
Boyle, Dan.
Breen, James.
Breen, Pat.
Broughan, Thomas P.
Bruton, Richard.
Burton, Joan.
Connaughton, Paul.
Connolly, Paudge.
Costello, Joe.
Cowley, Jerry.
Cuffe, Ciarán.
Deenihan, Jimmy.
Durkan, Bernard J.
English, Damien.
Enright, Olwyn.
Ferris, Martin.
Gilmore, Eamon.
Gogarty, Paul.
Gormley, John.
Hayes, Tom.
Healy, Seamus.
Higgins, Joe.
Higgins, Michael D.
Hogan, Phil.
Kehoe, Paul.
Kenny, Enda.
Lynch, Kathleen.
McCormack, Padraic.
McEntee, Shane.
McGinley, Dinny.
McGrath, Finian.
McGrath, Paul.
McHugh, Paddy.
McManus, Liz.
Morgan, Arthur.
Murphy, Catherine.
Murphy, Gerard.
Neville, Dan.
Ó Snodaigh, Aengus.
O’Dowd, Fergus.
O’Keeffe, Jim.
O’Shea, Brian.
O’Sullivan, Jan.
Pattison, Seamus.
Penrose, Willie.
Perry, John.
Quinn, Ruairí.
Rabbitte, Pat.
Ring, Michael.
Sargent, Trevor.
Sherlock, Joe.
Shortall, Róisín.
Stagg, Emmet.
Stanton, David.
Timmins, Billy.
Twomey, Liam.
Upton, Mary.
Wall, Jack.

Níl

Ahern, Bertie.
Ahern, Dermot.
Ahern, Michael.
Ahern, Noel.
Andrews, Barry.
Ardagh, Seán.
Blaney, Niall.
Brady, Johnny.
Brady, Martin.
Browne, John.
Callanan, Joe.
Carey, Pat.
Carty, John.
Cassidy, Donie.
Collins, Michael.
Coughlan, Mary.
Cregan, John.
Cullen, Martin.
Curran, John.
Davern, Noel.
de Valera, Síle.
Dempsey, Noel.
Dennehy, John.
Devins, Jimmy.
Ellis, John.
Fahey, Frank.
Finneran, Michael.
Fitzpatrick, Dermot.
Fox, Mildred.
Gallagher, Pat The Cope.
Glennon, Jim.
Grealish, Noel.
Hanafin, Mary.
Harney, Mary.
Haughey, Seán.
Hoctor, Máire.
Jacob, Joe.
Kelleher, Billy.
Kelly, Peter.
Killeen, Tony.
Kitt, Tom.
McDaid, James.
McEllistrim, Thomas.
Martin, Micheál.
Moloney, John.
Moynihan, Donal.
Moynihan, Michael.
Mulcahy, Michael.
Nolan, M. J.
Ó Fearghaíl, Seán.
O’Connor, Charlie.
O’Dea, Willie.
O’Donnell, Liz.
O’Donoghue, John.
O’Donovan, Denis.
O’Flynn, Noel.
O’Keeffe, Batt.
O’Keeffe, Ned.
O’Malley, Fiona.
O’Malley, Tim.
Parlon, Tom.
Power, Seán.
Roche, Dick.
Sexton, Mae.
Smith, Brendan.
Smith, Michael.
Treacy, Noel.
Wallace, Mary.
Wilkinson, Ollie.
Woods, Michael.

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

Question declared lost.

Question, "That the proposal for dealing with the statements on the Moriarty report be agreed to", put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 1, amendments from the Seanad to the Health (Nursing Homes) (Amendment) Bill 2006 agreed?

Mr. Stagg

It is not agreed. The Government is proposing a swathe of guillotines on legislation that should be properly debated in the House. It is denying Members the right to debate legislation before it is passed. On that basis, the Labour Party is opposed to the guillotines.

Question, "That the proposal for dealing with No. 1 be agreed to", put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 23, Order for Report Stage, Report and Final Stages of the Electricity Regulation (Amendment) (Single Electricity Market) Bill 2006, agreed?

Mr. Stagg

We are opposed to this guillotine for the same reason as I have just stated.

Question, "That the proposal for dealing with No. 23 be agreed to", put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 39 agreed? Agreed. Is the proposal for dealing with No. 21 agreed? Agreed.

Mr. Kenny

Deputy Jim O'Keeffe was briefed this morning by the Minister of State, Deputy Brian Lenihan, on the proposal for the constitutional referendum on the rights of children. In an earlier reply from the Taoiseach, I understood the Cabinet had agreed yesterday on the proposed wording. Deputy Jim O'Keeffe, however, this morning was informed by the Minister of State, Deputy Lenihan, that the wording for the seven propositions was approved but that the Attorney General is working on the wording to be inserted in the Constitution. Is that the case? Does the Attorney General have to return to the Cabinet with a recommendation of the wording to be inserted in the Constitution? Did I pick up the Taoiseach incorrectly this morning that when the Cabinet had given approval, that it only pertained to the seven propositions? Was the wording for the referendum approved yesterday?

The All-Party Committee on the Constitution recommended that legislation should be published to give effect to the wording. I understand from the Minister of State's briefing that it will now be a statement of legislative intent. Will the Taoiseach clarify these matters?

The Taoiseach

The wording is agreed. The formula that holds sway in a constitutional referendum is the Irish translation of the wording. That is being undertaken and the translation should be finished soon. As I informed Deputy Rabbitte yesterday, we will not have the other legislation pertaining to the amendment. It will be the intent of what the Government will do.

Mr. Rabbitte

The All-Party Committee on the Constitution recommended the Government introduce legislation to address the rights of heterosexual and same sex couples rather than a constitutional amendment. Is it the intention of the Government to bring this forward this term?

The Taoiseach

The legislation will not be introduced this term. The two reports on the matter, published in November and December, are being worked on in the Department of Justice, Equality and Law Reform.

Mr. Sargent

There are two propositions but seven aspects relating to the proposed constitutional referendum. Will the Taoiseach give an indication so that people can contemplate these questions? My second matter relates to promised legislation——

An Ceann Comhairle

Will Deputy Sargent come to the legislation in question?

Mr. Sargent

It concerns the latest outing by the Tánaiste and Minister for Justice, Equality and Law Reform with his proposed justice Bill in the last sting of the dying wasp story.

Mr. F. McGrath

Pinochet.

Mr. Sargent

Is there any point in us considering this promised legislation in order to ask questions when this legislation comes from left or maybe right of field——

An Ceann Comhairle

The House has agreed the procedure for today's business. We must move on to the next business.

Mr. Sargent

I have put my questions to the Taoiseach. Who is delaying now?

An Ceann Comhairle

In fairness to staff, I ask Members to keep in mind that we should not eat too much into the sos.

Mr. Sargent

I am finished.

An Ceann Comhairle

I call on the Taoiseach to respond.

Mr. Sargent

The Taoiseach lost his train of thought when the Ceann Comhairle interrupted.

Mr. Rabbitte

The Ceann Comhairle is delaying proceedings.

The Taoiseach

What is Deputy Sargent's question?

Mr. Sargent

I asked two questions. First, if it is possible for the constitutional referendum to take place before the election, how many questions will be put to the public?

The Taoiseach

I said twice this morning that there are seven propositions. We will publish our proposals on Monday, whether involving one or two questions.

Mr. Sargent

The Taoiseach is saying that people will be asked to contemplate one or two questions.

Second, when will the proposed justice Bill be introduced and when does the Government wish it to be enacted? In other words, will we have enough time for an adequate debate?

The Taoiseach

That Bill has gone for priority drafting and will be ready as soon as possible.

Mr. Sargent

I assume the Taoiseach means to refer to priority enactment.

Mr. Costello

When does the Taoiseach expect the Curragh of Kildare Bill to be brought forward? It sounds like a song but it is a Bill.

The Taoiseach

It will be brought forward during this session.

Mr. Costello

Can we expect to get it through before the election?

The Taoiseach

We hope to get it through.

Mr. Cassidy

That depends on Deputy Costello.

Mr. Costello

Will that be before Easter?

Mr. O’Dea

We will get it through with the co-operation of Deputy Costello and other Opposition Members.

Ms O’Sullivan

Is there a problem with the student support Bill? The normally top-of-the-class Minister said she would have it ready for implementation next September, but it has not yet been published.

The Taoiseach

It will be published this session.

Ms O’Sullivan

Will it pass through the Houses before the election? Students entering the system next year expect it to be in place.

The Taoiseach

We hope to get it through. If Deputy Stagg allows us a few guillotines, we will do so.

Mr. Morgan

The Tánaiste and Minister for Justice, Equality and Law Reform seems to be announcing legislation on the basis of the latest media headline. What promised legislation will have to be shelved to facilitate the Progressive Democrats Party election gimmick that was announced yesterday by the Tánaiste?

Mr. N. Dempsey

None.

Mr. Morgan

Does this mean we will be sitting late?

Mr. N. Dempsey

There will be longer sittings.

Mr. Morgan

I look forward to that; we will vote for that.

Mr. F. McGrath

In view of the recent Supreme Court judgment concerning nominations of non-party candidates at Dáil elections, will the Taoiseach agree to a provision in the electoral Bill to include the word "Independent" on the ballot paper so that such candidates are not discriminated against? Many of us feel let down by the political system when we are constantly referred to as "non-party" candidates.

Mr. N. Dempsey

One cannot be independent and a member of a party.

Mr. F. McGrath

The Taoiseach is in favour of inclusive politics. He should agree to legislate, in the electoral Bill, for the inclusion of the word "Independent" on the ballot paper.

Mr. D. Ahern

How independent is the Deputy?

The Taoiseach

I am not sure what type of animal is someone who wants to run for election to this House but wishes also to be exclusive of the political system.

Mr. F. McGrath

I seek a recognition of candidates' independent status.

Mr. D. Ahern

Independent of what?

Mr. B. Lenihan

Deputy McGrath should register himself as a political party on the Internet.

Mr. Durkan

In view of the increased incidence of pornography on the Internet and the consequent dangers to children, will the Taoiseach indicate whether the Communications Regulation (Amendment) Bill 2007 might be modified to deal with the technical requirements as opposed to the justice measures?

Dáil Éireann debate - Wednesday, 14 Feb 2007

Order of Business.

Tá

Níl

Dáil Éireann debate -
Wednesday, 14 Feb 2007