Dáil Éireann debate -
Tuesday, 20 Mar 2007

Vol. 633 No. 4

Order of Business.

The Taoiseach

It is proposed to take No. 12, Health Bill 2006, motion to instruct the committee; No. 17, Health Bill 2006 — Order for Report, Report and Final Stages; and No. 4, Asset Covered Securities (Amendment) Bill 2007 — Order for Second Stage, Second and Subsequent Stages.

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 11.30 p.m.; the proceedings on No. 12 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, who may share their time, and which shall not exceed 15 minutes in each case; a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; Report and Final Stages of No.17 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 9.30 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 Health and Children; Second and Subsequent Stages of No. 4 shall be taken tonight and the following arrangements shall apply: the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 11 p.m. tonight; the speeches of a Minister or Minister or 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; the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 11.30 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 Finance. Private Members' business shall be No. 67, motion re education — school places and class sizes.

An Ceann Comhairle

There are four proposals to be put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 12, motion to instruct the committee in regard to the Health Bill 2006, agreed? Agreed. Is the proposal for dealing with No. 17, Order for Report, Report and Final Stages of the Health Bill 2006, agreed?

Mr. Kehoe

This week seven items of business will be guillotined. We oppose the guillotining of this Bill and we requested more time at the Whips' meeting. This is not a fair way to carry out business.

Ms McManus

I express a debt of gratitude to you, a Cheann Comhairle, for ensuring that No. 12 allows for a debate of just over an hour on a very sizeable change in the form of amendments on Report Stage, which covers 28 pages. Were it not for your requirement for a debate——

An Ceann Comhairle

It was a requirement of a Standing Order of the House.

Ms McManus

It was at your initiative, as I understand it, as a result of the antics of the Minister for Justice, Equality and Law Reform. We now have, in the area of health, a position where major changes are being proposed to a Bill on Report Stage, yet it is being guillotined tonight. We are opposed to such antics by the Minister for Health and Children where amendments are coming forward which we would like to support in regard to the Freedom of Information Act and in regard to protection of whisteblowers, but we are not being given the chance to scrutinise them properly and to do our job to protect the public interest.

Extraordinarily, an item relating to the right to get married in one's own home has been tagged on to the Health Bill, the purpose of which is to set up HIQA. The only reason it is being tagged on is that the Government took that right away in 2004 when it introduced new legislation. This is not the way to produce legislation that is robust and serves a public interest. We are opposed to the guillotining of this Bill and urge the Government to understand the importance of the work of this House. We have just listened to the Taoiseach tell us fairytales. We are in a position where we are preparing to guillotine legislation even though we have not had a chance to ensure that legislation is constitutional and will deliver what it promises. We are opposed to guillotining the Health Bill 2006.

Mr. Sargent

On behalf of the Green Party, I add our opposition to the guillotine on the Health Bill 2006. This is a complex Bill and one that has so many aspects that it deserves to be taken in more detailed and more focussed way. The Government is trying to hide what it contains, instead of revealing by debate.

Caoimhghín Ó Caoláin

In the last days before Christmas, in the last days before summer, in the last days of a Government are when we see the increased use of the guillotine for legislation. It is being used once more with the Health Bill 2006. It is not the way to go about business. I oppose the guillotining of the Bill.

Question put: "That the proposal for dealing with No. 17 be agreed to."

The Dáil divided: Tá, 69; Níl, 43.

Tá

• Ahern, Bertie.
• Ahern, Dermot.
• Ahern, Michael.
• Ahern, Noel.
• Andrews, Barry.
• Ardagh, Seán.
• Blaney, Niall.
• Brady, Johnny.
• Brady, Martin.
• Brennan, Seamus.
• Callanan, Joe.
• Callely, Ivor.
• Carey, Pat.
• Carty, John.
• Cassidy, Donie.
• Cooper-Flynn, Beverley.
• Cowen, Brian.
• Cregan, John.
• Cullen, Martin.
• Curran, John.
• Davern, Noel.
• de Valera, Síle.
• Dempsey, Tony.
• Dennehy, John.
• Devins, Jimmy.
• Ellis, John.
• Finneran, Michael.
• Fitzpatrick, Dermot.
• Fleming, Seán.
• Gallagher, Pat The Cope.
• Glennon, Jim.
• Grealish, Noel.
• Harney, Mary.
• Haughey, Seán.
• Hoctor, Máire.
• Jacob, Joe.
• Keaveney, Cecilia.
• Kelleher, Billy.
• Kelly, Peter.
• Killeen, Tony.
• Kirk, Seamus.
• Kitt, Tom.
• Lenihan, Brian.
• Lenihan, Conor.
• McDowell, Michael.
• Moloney, John.
• Moynihan, Michael.
• Mulcahy, Michael.
• Nolan, M. J.
• Ó Cuív, Éamon.
• Ó Fearghaíl, Seán.
• O’Connor, Charlie.
• O’Donnell, Liz.
• O’Donoghue, John.
• O’Donovan, Denis.
• O’Flynn, Noel.
• O’Malley, Fiona.
• O’Malley, Tim.
• Parlon, Tom.
• Power, Peter.
• Power, Seán.
• Roche, Dick.
• Sexton, Mae.
• Smith, Brendan.
• Smith, Michael.
• Treacy, Noel.
• 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.
• Crowe, Seán.
• Cuffe, Ciarán.
• Deenihan, Jimmy.
• Durkan, Bernard J.
• Enright, Olwyn.
• Ferris, Martin.
• Gilmore, Eamon.
• Gregory, Tony.
• Higgins, Joe.
• Higgins, Michael D.
• Howlin, Brendan.
• Kehoe, Paul.
• Kenny, Enda.
• Lynch, Kathleen.
• McGrath, Finian.
• McGrath, Paul.
• McHugh, Paddy.
• McManus, Liz.
• Mitchell, Olivia.
• Murphy, Catherine.
• Naughten, Denis.
• Neville, Dan.
• Ó Caoláin, Caoimhghín.
• Ó Snodaigh, Aengus.
• O’Dowd, Fergus.
• O’Keeffe, Jim.
• O’Shea, Brian.
• O’Sullivan, Jan.
• Quinn, Ruairí.
• Sargent, Trevor.
• Sherlock, Joe.
• Stagg, Emmet.
• Stanton, David.
• Timmins, Billy.

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

Question declared carried.

Question, "That the proposal relating to Second and Subsequent Stages of the Asset Covered Securities (Amendment) Bill 2007 be agreed to", put and declared carried.

Mr. Kenny

Next week is an important and critical date in respect of the St. Andrews Agreement and the Good Friday Agreement. I understand the Chancellor of the Exchequer in Britain is to make a statement in respect of some further allocations of funding to deal with the implications of the setting up of the Assembly. Is it envisaged that the Government, even possibly at the weekend, might be inclined to issue a statement in respect of some of these major developments, be it the North-South interconnector, the road to Derry, the Erne canal or whatever, further than the commitments already made by the Minister for Finance? I share the Taoiseach's view on the restoration of the Assembly and support the Government's activities in that regard. I hope the parties involved will ensure that happens. Is it intended to issue a further statement in that regard?

Deputy Bruton and the Minister for Finance, Deputy Cowen, referred to the legislation covering the tax code, especially in regard to stamp duty. Does the Taoiseach intend to introduce any reforms in that regard?

The Taoiseach

No legislative change is planned in regard to stamp duty. On the first issue, ongoing discussions are taking place between ourselves and the Chancellor of the Exchequer on how to deal with these matters. Whatever we do will probably have to be resolved within the next 24 hours or so. As the Deputy is aware, the meetings are scheduled for Friday and Saturday morning and we are trying to come to a conclusion on this matter. Whether more resources will be required, we have already completed Derry Airport and a number of issues were addressed in the national plan. All the parties have requested that we try to move further and these issues are being discussed.

Ms McManus

Will the Taoiseach clarify whether we will proceed with two pharmacy Bills? The original Bill proposed was a much shorter one and much of the second pharmacy Bill has been incorporated into the new Bill. Does that mean the Pharmacy (No. 2) Bill is now no longer included in the legislative programme?

The Taoiseach

The Pharmacy (No. 1) Bill will be taken in this session. I do not have a date for the Pharmacy (No. 2) Bill, but it will not be dealt with in the foreseeable future.

Mr. Sargent

I take it that section A of the list of promised legislation is the only one worth talking about in reality, given the timeframe of this Dáil session. I wish to ask about two Bills on that list, the first of which is the Charities Bill. That Bill was first promised in the Costello report in 1990. Is there any prospect of it being taken in this session, given the number of hospitals, in particular, that are fundraising as charitable institutions?

An Ceann Comhairle

Deputy Sargent should confine himself to the legislation.

Mr. Sargent

The second item of legislation to which I refer is the Electoral Bill. Given that he might need to think about it, perhaps the Taoiseach will reply on this matter tomorrow. The number of EU citizens other than Irish and British citizens who do not have votes in this country——

An Ceann Comhairle

The Deputy cannot discuss the content of the Bill. The Taoiseach to reply on these two items of legislation.

Mr. Sargent

That is why I suggested we might hear about it tomorrow during statements on the European Council.

An Ceann Comhairle

This matter will not arise tomorrow either.

Mr. Sargent

It might.

The Taoiseach

The charities Bill will be published this session, and I hope that we will be able to initiate it, although whether we can pass it before the summer is moot, given its size and complexity. We will certainly publish it, and I know that the Minister would like to take it. It depends on whether we can reach agreement between now and the summer. The electoral Bill has already been published.

Mr. Durkan

A Bill was promised to consolidate the Minerals Development Acts and to update legislation in line with reform proposals to deliver better government. The expected publication date is 2007. Will the Bill come before, after or during the general election?

The Taoiseach

The minerals development Bill is listed for 2007. Its heads have already been approved, and it has been sent for full drafting.

Mr. Howlin

I wish to ask about the Criminal Justice Bill 2007 published last Thursday. It is scheduled to be taken on Thursday and Friday of this week, with six hours allowed for the entire Second Stage. More alarmingly, I was informed today that the Committee and Report Stage amendments must be tabled by 11 a.m. on Friday. Some Deputies will have received the Bill only today. It is 128 pages long and fundamentally changes the criminal justice system. We have not begun to debate it.

An Ceann Comhairle

It is not on today's Order Paper.

Mr. Howlin

Regardless of the Order Paper, the normal practice is that we have a fortnight to consider a Bill. Despite that, many Deputies will have received the Bill in question only today. We will have a Second Stage debate, and not even all the spokespeople will be able to contribute on Thursday.

An Ceann Comhairle

The Deputy has made his point.

Mr. Howlin

I have not finished. Some of the debate will be decanted into Friday, which is not a normal sitting day, and the Bill is to be guillotined. By Friday, we will have had to have Committee Stage and——

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Kehoe

Yes, it does.

An Ceann Comhairle

Not today. It will arise on Thursday morning.

Mr. Howlin

Perhaps I might put this to the Ceann Comhairle. The only circumstance in which his office might require Report Stage amendments to be tabled by next Friday would be a guillotined Committee Stage in the House. If it were envisaged that the Bill go to the select committee in the normal way, we would have a normal Report Stage. However, if Committee and Report Stage amendments are required to a Bill that we have only just received, we will be incapable of addressing any issues that arise during the debate, since we will hardly have started. This legislation is fundamental, and I ask the Taoiseach to grant us enough time for a Committee and Report Stage debate on the matter.

The Taoiseach

I understand the point and will ask the Whip to speak to the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell. I know that the Deputy is unhappy regarding the time allowed for Second Stage, but I assume that allowing time for a Committee and Report Stage would go some way towards addressing his concerns.

Caoimhghín Ó Caoláin

With SIPTU once again highlighting disgraceful and worsening conditions——

An Ceann Comhairle

We will move on to the next business if the Deputy does not have a question appropriate to the Order of Business.

Caoimhghín Ó Caoláin

——for workers in the building industry, will the Government introduce the employment law compliance Bill? The abuse of workers' rights is disgraceful.

The Taoiseach

It has been listed as a priority.