Dáil Éireann debate -
Tuesday, 3 Apr 2007

Vol. 635 No. 1

Order of Business.

The Taoiseach

It is proposed to take No.14, motion re referral to joint committee of proposed approval by Dáil Éireann for a Council decision on the establishment, operation and use of the second generation Schengen information system; No. a22, statements on the nurses dispute — on the Supplementary Order Paper; No. 1, Foyle and Carlingford Fisheries Bill 2006 — amendments from the Seanad; No. 22, National Development Finance Agency (Amendment) Bill 2006 [Seanad] — Order for Report, Report and Final Stages; No. 23, Defence (Amendment) (No. 2) Bill 2006 [Seanad] — Order for Report, Report and Final Stages; No. 2, Building Control Bill 2005 — amendments from the Seanad; and No. 24, Statute Law Revision Bill 2007 [Seanad] — Order for Report, Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 12 midnight; (2) No. 14 shall be decided without debate; (3) the proceedings on No. a22 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: (i) the statements 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 and who may share their time, and which shall not exceed 15 minutes in each case; (ii) a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; (4) the proceedings on No. 1 shall, if not previously concluded, be brought to a conclusion at 7 p.m. 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 Communications, Marine and Natural Resources; (5) Report and Final Stages of No. 22 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 8.50 p.m. 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; (6) 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 9.50 p.m. 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 Defence; (7) the proceedings on No. 2 shall, if not previously concluded, be brought to a conclusion at 11 p.m. 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 the Environment, Heritage and Local Government; and (8) Report and Final Stages of No. 24 shall be taken tonight and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 12 midnight 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 Taoiseach. Private Members’ business shall be No. 71, motion re Kyoto Protocol, Ireland’s energy supply and green procurement.

An Ceann Comhairle

There are eight proposals to put to the House. Is the proposal for the late sitting agreed to? Agreed. Is the proposal for dealing with No. 14 without debate agreed to?

Caoimhghín Ó Caoláin

It is not agreed.

Mr. Kenny

Will that motion return to the House when it has gone through the committee?

An Ceann Comhairle

We will hear Deputy Ó Caoláin.

Caoimhghín Ó Caoláin

I am opposed to this motion being sent to committee without debate. We must take on board that there has been no substantive address of the second generation Schengen information system. Indeed, as we have highlighted in the House, a significant number of related EU measures have gone through the Houses of the Oireachtas without even address at committee.

Both the Tánaiste and his predecessor made public commitments to schedule a full debate of this area which were put on the record following the French and Dutch referenda on the EU constitution. Yet, when this goes to committee, and if it returns to the House, the reality is that the content of the Council decision will define the content of the legislation, so it will be too late to truly influence the structuring of our position.

It is imperative that we have the debate immediately. The commitment made by both the current Tánaiste and the previous Tánaiste should be honoured in the House today or at a rescheduled date given the importance of what is involved, namely, the addressing of the issues of police and judicial co-operation, which we support in principle——

An Ceann Comhairle

We cannot discuss the detail of what might be in the decision. It is just a procedural motion.

Caoimhghín Ó Caoláin

There are critical elements that affect the rights of citizens in member states. This needs to be highlighted and taken into account in a responsible way in this Chamber.

Question, "That the proposal for dealing with No. 14 be agreed to.", put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. a22 agreed to? Agreed.

Mr. J. Higgins

Why is the Minister for Health and Children not answering questions?

An Ceann Comhairle

Is the proposal for dealing with No. 1 agreed to? Agreed. Is the proposal for dealing with No. 22 agreed to?

Caoimhghín Ó Caoláin

It is not agreed. I want to highlight the fact there is a flood of legislation being pressed through today, which is clearly a pattern we will see repeated in the coming days. Given the conclusion time of 8.50 p.m., one would take it there is substantial time for the debate. However, with Private Members' business lasting from 7 p.m. until 8.30 p.m. and the previous legislation concluding at 7 p.m. there is only 20 minutes being provided for in this case.

The National Development Finance Agency (Amendment) Bill 2006 is one that raises real difficulties for a number of Deputies and merits far greater scrutiny than a 20-minute slot at the end of Tuesday evening, which is inadequate time by any standard. This is one of the worst examples of the crashing through of legislation to suit the Government's agenda before the dissolution of this House.

Mr. Stagg

Rather than be repetitive with regard to every Bill the Government proposes to guillotine, the point should be made that five Bills are being guillotined today with limited debate. In some cases, sufficient time is being provided for the Bill and no guillotine is needed. However, they seem to have gone guillotine mad — it is like the French revolution over there. The statements on the nurses dispute have been agreed but, as far as I can establish, while the debate is welcome, nobody asked for it. I am always suspicious of the Government when it comes bearing gifts, if the Chair knows what I mean.

Question put: "That the proposal for dealing with No. 22 be agreed to."

The Dáil divided: Tá, 72; Níl, 45.

Tá

• Ahern, Bertie.
• Ahern, Noel.
• Andrews, Barry.
• Ardagh, Seán.
• Blaney, Niall.
• Brady, Johnny.
• Brady, Martin.
• Brennan, Seamus.
• Browne, John.
• Callanan, Joe.
• Callely, Ivor.
• Carey, Pat.
• Carty, John.
• Collins, Michael.
• Coughlan, Mary.
• Cowen, Brian.
• Cregan, John.
• Cullen, Martin.
• Curran, John.
• de Valera, Síle.
• Dempsey, Noel.
• Dennehy, John.
• Devins, Jimmy.
• Ellis, John.
• Fahey, Frank.
• Finneran, Michael.
• Fitzpatrick, Dermot.
• 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.
• McDowell, Michael.
• Martin, Micheál.
• Mulcahy, Michael.
• Nolan, M. J.
• Ó Cuív, Éamon.
• 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, Peter.
• Roche, Dick.
• Sexton, Mae.
• Smith, Brendan.
• Smith, Michael.
• Treacy, Noel.
• Wallace, Dan.
• Wallace, Mary.
• Walsh, Joe.
• Wilkinson, Ollie.
• Woods, Michael.
• Wright, G.V.

Níl

• Allen, Bernard.
• Boyle, Dan.
• Broughan, Thomas P.
• Bruton, Richard.
• Connaughton, Paul.
• Connolly, Paudge.
• Costello, Joe.
• Crawford, Seymour.
• Crowe, Seán.
• Cuffe, Ciarán.
• Deenihan, Jimmy.
• Durkan, Bernard J.
• Enright, Olwyn.
• Gilmore, Eamon.
• Gormley, John.
• Gregory, Tony.
• Higgins, Joe.
• Higgins, Michael D.
• Kenny, Enda.
• Lynch, Kathleen.
• McGrath, Finian.
• McHugh, Paddy.
• McManus, Liz.
• Mitchell, Olivia.
• Murphy, Catherine.
• Naughten, Denis.
• Ó Caoláin, Caoimhghín.
• Ó Snodaigh, Aengus.
• O’Keeffe, Jim.
• O’Sullivan, Jan.
• Pattison, Seamus.
• Perry, John.
• Quinn, Ruairí.
• Rabbitte, Pat.
• Ryan, Eamon.
• Ryan, Seán.
• Sargent, Trevor.
• Sherlock, Joe.
• Shortall, Róisín.
• Stagg, Emmet.
• Stanton, David.
• Timmins, Billy.
• Twomey, Liam.
• Upton, Mary.
• Wall, Jack.

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

Question declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 23, Defence (Amendment) (No.2) Bill 2006 [Seanad] — Order for Report, Report and Final Stages agreed? Agreed. Is the proposal for dealing with No. 2, Building Control Bill 2005 — amendments from the Seanad agreed? Agreed. Is the proposal for dealing with No. 24 Statute Law Revision Bill 2007 [Seanad] — Order for Report, Report and Final Stages agreed? Agreed.

I call Deputy Kenny on the Order of Business.

Mr. Kenny

I hope that the meeting tomorrow between the Taoiseach and the First Minister designate, Dr. Paisley, is fruitful. The Taoiseach indicated that he intends to review some outstanding business. Does he intend to make any further announcements about contributions from our Exchequer to infrastructure projects in the Border area, for instance, the N16 from Enniskillen to Sligo which is a source of serious concern to trade?

Will the Taoiseach indicate what Bills on the Government's list will be published between the dissolution of the Dáil this week and its resumption——

Mr. McDowell

Did the Deputy say "dissolution"?

Mr. O’Dea

Resurrection.

Mr. Kenny

Will he confirm that the Dáil will resume after Easter and can he indicate when it will resume so that I can get my——

Cecilia Keaveney

Hair cut.

Mr. Kenny

——sequence in order here. I have to sign up for the contract, as the Taoiseach understands.

(Interruptions).

Mr. M. Brady

The Deputy should ignore the contract.

The Taoiseach

There is more than enough legislation and as everybody can see we have been trying to get it through in the past few weeks.

We have announced several infrastructural initiatives. We included €1 billion in the national development plan following the arrangements made between Chancellor Brown and the Minister for Finance, Deputy Cowen. In recent weeks we added more than €400 million and specified the projects we want to support. There are several other initiatives with which the incoming executive wishes to deal which we will discuss tomorrow. These include some North-South issues that have been held up for the past few years on which we want movement.

We will be back after Easter.

Mr. Rabbitte

The final census figures will be published on 26 April. Does the Taoiseach give any credence to the articles published on Sunday and since to the effect that there may be a constitutional problem in calling the election after publication of the final census report? If so, has he taken any legal advice on this issue?

The Taoiseach

I am told there is no legal difficulty.

Mr. Sargent

The Minister for the Environment, Heritage and Local Government says he wants to see the Water Services Bill discussed here before the election. Will the Government provide time for it to be discussed so that it can be enacted? It has been on the backburner for a long time and the cryptosporidium is getting worse.

There has been significant coverage of human trafficking but the Government has neither legislated for nor ratified the UN Protocol or the Council of Europe Convention on Action Against Trafficking in Human Beings. Will there be any action on this matter? Given that this year marks the 200th anniversary of the ending of the transatlantic slave trade, it is time we saw an end to human trafficking in this century too.

The Taoiseach

The heads of the criminal justice (trafficking in persons and sexual offences) Bill have been approved. It is close to final drafting and was due in early summer 2007. The Water Services Bill will be taken after Easter.

Mr. Allen

When will the passports Bill be published and taken?

The Taoiseach

The Government cleared that Bill last week or the week before.

Mr. Allen

Has it been published yet?

The Taoiseach

No.

Ms McManus

Is the Taoiseach aware that there are extremely elderly people who cannot get the money owed to them by the State because the Government chose to go down the private sector route?

An Ceann Comhairle

The Deputy should ask a question appropriate to the Order of Business.

Ms McManus

I am concerned about time running out. Some of these people are in their nineties. Would the Taoiseach make a special case for such elderly people, who are being denied their rights, and consider what has happened or not happened to them?

The Attorney General has advised that negotiations with the dentists looking after medical card patients cannot continue and that the system is collapsing. Can we see the Attorney General's legal opinion so that we can know whether the negotiations can continue?

An Ceann Comhairle

The questions are not on legislation. I call Deputy Ó Caoláin.

Caoimhghín Ó Caoláin

I join with Deputy Kenny in wishing the Taoiseach every success in his meeting tomorrow with the First Minister designate, Ian Paisley. Does the Taoiseach believe additional legislation or other measures will arise from the re-establishment of the Executive and the North-South Ministerial Council? Does he expect further legislation or measures to come before the Dáil in advance of its dissolution in the lead up to the general election? Is legislation intended following the general election? When does he expect the first North-South Ministerial Council meeting to take place? Will it be prior to the general election?

The Taoiseach

As we have not had the institutions for a number of years, we have a large number of issues to discuss. I do not want to pre-empt legislative measures or other actions that might be necessary and I will listen to the First Minister elect before I come to conclusions about that matter. We would like to proceed with the commencement of the institutions as quickly as we can.