The Order of Business is No. 5, Twenty-eighth Amendment of the Constitution Bill 2008 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Private Members' business shall be No. 31, motion re rate of unemployment, which shall also take place tomorrow immediately after the Order of Business and shall be brought to a conclusion after 90 minutes.
Order of Business.
There is one proposal to be put to the House. Is the proposal for dealing with Private Members' business agreed to? Agreed.
Does the legislative list announced by the Whip for the summer session run from 1 April until the Dáil resumes after the summer recess in the autumn or until the House rises in July? Seventeen Bills are included in this section of the legislative programme. The Taoiseach answered a question from Deputy Ó Caoláin on the health (long-term residential care services) Bill, which was to be put through by the Minister for Health and Children before Christmas. I am not sure of the scale or nature of the problem with this legislation so far as its constitutionality or whatever is concerned. It is included among the 17 Bills to be published before the beginning of the next session. Does this mean the Taoiseach expects it to be ready before the House rises for the summer recess in July?
The sale of alcohol Bill is No. 33 on the legislative programme. Does the Minister for Justice, Equality and Law Reform intend to bring forward proposals on sale of alcohol outlets before this Bill is put before the House? I understand he previously indicated an intention to do so.
The health (long-term residential care services) Bill is proving to be complex. The Minister is anxious to ensure that full consideration is given to the issues before publication. We hope to have the Bill shortly; it is at an advanced stage. It is expected that the stamped draft will issue soon and we hope it will be published shortly thereafter, that is, before the summer.
In regard to the sale of alcohol Bill, the Minister intends to draft a shorter Bill from the recommendations of the report he commissioned and to bring that Bill to the House before the summer recess.
Arising from the Taoiseach's statement earlier today and his confirmation to the House during Leaders' Questions of his intention to resign from office on 6 May, what arrangements will be made for the election of a new Taoiseach? Tuesday, 6 May is the day following the May bank holiday. The House does not usually sit, as it should, on the Tuesday following a bank holiday. Is it intended that the House will sit on 6 May to elect a Taoiseach? What arrangements are planned for the election of a successor following the Taoiseach's resignation on 6 May?
It will be either 6 or 7 May. The House normally does not sit on the Tuesday following a bank holiday. In that case, it will be the opening business on the morning of Wednesday, 7 May.
To clarify, is it intended that the Taoiseach's resignation will happen on the same day——
It will take effect from that date.
——and will be followed shortly thereafter by the election of a new Taoiseach and presumably the appointment of a new Cabinet?
Yes, exactly.
I seek clarification of the Taoiseach's response to Deputy Kenny regarding the health (long-term residential care services) Bill. It was indicated in the spring programme that this Bill would be published during the last session, but we are now told it will be published during the summer session. As the Taoiseach has said on many occasions, the parliamentary session runs until the first day of the next term. In the case of the summer session, this means the end of September. Will the Taoiseach tell us with certainty that we will deal substantively with this legislation in the House before the summer recess?
The new legislative programme includes, under the aegis of the Department of Health and Children, the eligibility for health and personal social services Bill and the nurses and midwives Bill, both of which have been promised repeatedly and in respect of which recurrent delays have arisen. The nurses and midwives Bill was included in the previous programme for publication at the start of this year. Now, however, we are told it has been put back another 12 months. This is an incredible situation. What has gone wrong in the Department of Health and Children that legislation is being continually held back and deferred? These serious matters require address.
It has been reported that the Minister for Justice, Equality and Law Reform is considering a change in legislation to accommodate vending machines in betting offices throughout the State. Regardless of whether this is the case, will the Taoiseach avail of this opportunity to scotch absolutely any such idea or notion given that such a development would represent a further deepening of the already serious gambling crisis that exists in this State?
I have already stated that the health (long-term residential care services) Bill is intended to be published in this session. The eligibility for health and personal social services Bill and the nurses and midwives Bill are both listed for 2009. The reason for the delay in the latter is the public consultation process that took place between 30 November 2007 and the end of February 2008. More than 200 submissions were received and are being examined. It is expected the heads of the Bill will not be drafted until after the summer. That legislation will not be brought forward until 2009.
What is the Taoiseach's response to the prospect of further deepening the gambling crisis that exists in this country by means of the speculated introduction of legislation by the Minister?
There are no such proposals at this stage.
That is hardly an assurance.
Media reports indicate that the civil partnership Bill runs to 200 pages and outline what is and is not included in it. Yet, it is listed in section C of the legislative programme which contains those Bills in respect of which heads have yet to be agreed by the Government. When will the Bill be introduced in this House?
The draft heads are being compiled in the Department. I do not have a date for publication but it is listed for 2008.
The foreshore amendment Bill is listed as one of the Bills for which heads have yet to be approved by the Government and for which it is not possible to indicate a date of publication. Legislation in this area has been promised by the Government since 1998 under the draft coastal management plan. This identified the need to amend existing legislation to provide for public participation. This relates to the need to sign the Aarhus Convention and implement the EU public participation directive.
Many important projects are in the pipeline, including, for example, wind energy projects. The Minister for the Environment, Heritage and Local Government indicated previously that such projects would not be granted until the relevant legislation is amended. When will this Bill be brought forward? Is there is a hold-up because this particular area of responsibility is being moved from the Department of Agriculture, Fisheries and Food to the Department of the Environment, Heritage and Local Government? That decision was made in October but the change has not yet been implemented.
The purpose of the foreshore amendment Bill is to update the provisions of all relevant legislation from 1933 to the present. The Bill will also apportion ministerial responsibility for the foreshore between the Minister for Agriculture, Fisheries and Food and the Minister for the Environment, Heritage and Local Government. It is not possible to indicate a date for publication.
The Taoiseach has responded to a question from Deputy Kenny on the health (long-term residential care services) Bill which was promised in the last session and again in this one. Is it a realistic prospect that it will be brought forward in this session? If not, are there any proposals for interim measures to alleviate the hardship experienced by people who have been waiting for this legislation?
In regard to the prison development approval (confirmation) Bill, which will facilitate the prison at Thornton Hall, is it still the Government's intention to have the Central Mental Hospital moved to that site, thus further stigmatising patients with mental illness? Has there been a change of heart?
Is Deputy Reilly aiming for the contract?
That legislation will be introduced in this session. On the health (long-term residential care services) Bill, the latest information I have received is that the stamped draft will issue soon from the Attorney General's office and should be published shortly thereafter. It should be published this session.
I normally welcome the publication of the list of promised legislation, the pink paper. I especially welcome the crime prevention legislation and the other legislation in the justice area. Does the Government — I refer in particular to the Minister, Deputy Brian Lenihan — intend to introduce any of the Bills mentioned on the pink paper before the end of this session specifically to put behind bars those who are perpetrating the kinds of serious crimes which are obviously getting out of hand?
No speeches are allowed.
Other speakers have referred to such crimes, which are frightening people.
The Taoiseach, on the legislation.
I emphasise that if action is not taken before the summer, it will be too late.
We cannot have speeches.
Both of them are listed for this session.
Will they be passed in this session?
That is a matter for the House.
I beg the Taoiseach to introduce some interim regime to assist a 99 year old person whose care is no longer being paid for by the subvention office.
That is completely out of order.
Is the Taoiseach aware that legislation to prohibit the advertising of alcohol to young people is not included in the draft legislative list? Will it be covered in another Bill? Given that dental treatment is not available to children in counties Cavan and Monaghan who are leaving national school, when will the dentists Bill be debated in the House? When will the health information Bill, which will help us to get facts from the health sector, be introduced in the House?
It is expected that the latter Bill will be published next year. The alcohol products Bill, which is being prepared by the Department of Health and Children, is a separate Bill. It does not cover any of the recommendations which are being dealt with by the Minister, Deputy Brian Lenihan, in a Bill sponsored by the Department of Justice, Equality and Law Reform. They are separate Bills.
The legislative programme states that the property services regulatory authority Bill will give effect to the report of the auctioneering review group, but it does not mention the regulation of property management agents. Will the Bill provide for the regulation of such agents? Can I take it from the legislative programme that no legislation will be introduced in this session to deal with the company law aspects of property management companies, which have a much more significant effect on the problems faced by people living in management company developments?
Is legislation promised in this area?
Yes, a Cheann Comhairle. As I reported previously, various Departments will have to work together to bring forward that legislation. Company law is one aspect of it. The Minister, Deputy Brian Lenihan, is awaiting a report on the auctioneering sector. When that report has been received, the legislation will be prepared. The Minister informs me that company law will be included in that.
The Taoiseach indicated earlier in response to my party leader that the Government accepts all 15 recommendations made in the Health Information and Quality Authority's report on the misdiagnosis of Ms Rebecca O'Malley's cancer. While a number of those recommendations relate to governance issues, some of them will require serious additional resources.
You cannot go into that now.
I think I can, a Cheann Comhairle.
No, you cannot.
Will a Supplementary Estimate be introduced so that these recommendations can be implemented? The two hospitals concerned are two of the so-called centres of excellence for cancer care. They do not have the capacity to implement the recommendations and the proposals for cancer care. Considering the amount of money that has been allocated to the HSE this year, the only way the recommendations can be implemented is by means of a Supplementary Estimate. Will a Supplementary Estimate be introduced to implement the cancer strategy and the recommendations of the Rebecca O'Malley report?
It is not in order unless the Supplementary Estimate is promised. Is a Supplementary Estimate promised?
No, it is not promised.
It will be required. If a Supplementary Estimate is not introduced, there is no point in saying the recommendations will be accepted.
Are heads of a Bill being drafted to amend the 2004 Act pertaining to the three State airports? When will Mr. Peter Cassells's report on the debts of the three airports be made available to the House?
No legislative measure is required in this regard, to the best of my knowledge, but I am subject to correction. The Minister is consulting various interests on the matter. The report, which has not been presented, is due shortly. The Minister is actively involved in trying to make progress in this respect. I do not think legislation is required.
May I ask the Taoiseach about the date for the forthcoming referendum on the Lisbon treaty? He told Deputy Kenny that it will probably be held on Thursday, 12 June. Has the Taoiseach reflected further on the matter? Will it definitely be held on Thursday, 12 June? When are we likely to get the wording of the question that will be put to the people on referendum day?
I think we all agree on 12 June. It has to be formally agreed by the Government.
What about Friday, the 13th?
I cannot believe I have to raise this matter again. Will the Taoiseach tell me when the national monuments Bill will be brought before the House? When I asked this question before Christmas, the Taoiseach assured me that the Bill would be introduced in the House in 2008. That has not yet happened, however. The Bill seems to have slipped for one reason or other.
It is listed. The heads of the Bill were approved some time ago. A number of seminars have taken place and submissions have been made since a major review of archaeological practice and policy was announced last autumn. The Bill is now listed for 2009.
I asked the Taoiseach when we can expect the publication of the wording on which people will vote when the referendum takes place.
That is not in order, strictly speaking.
I will check that for the Deputy.
I assume it will be in the legislation.
No, it is not in the legislation.
I welcome the international conference on the banning of cluster munitions that is to take place in this country. On the last occasion, when the Ottawa Convention that banned landmines was being prepared, the Government prepared a valuable statutory instrument that influenced the conference. On this occasion, does the Government intend to prepare a statutory instrument on the banning of cluster munitions? I asked that question previously. Such an instrument would guide the outcome of the international conference in Croke Park, in which many nations will take part.
The Minister informs me that he will make a decision on that matter in May, when the conference has been completed. He has already established a committee to examine the issues in that regard. A decision will not be made until after the conference.
The decision of the Irish and Norwegian authorities to draft a statutory instrument in advance of the conclusion of the conference on landmines ensured that a strong Ottawa Convention was agreed. When this year's conference is over, it will be too late to seek to influence the outcome of it.
Fine Gael has published a Private Members' Bill on the same issue and we may get an opportunity to bring it before the Dáil over the next few weeks.
That is not relevant.
We hope the Government will accept the Bill and thereby solve the problem.
I understand that this conference, during which all the interested groups and NGOs will be brought together in Croke Park in May, is taking place on the Minister's initiative. As I understand it, the NGOs see merit in completing the conference before considering the contents of any agreement.
I have drafted a statutory instrument and I would welcome Fine Gael's support for it.
The other parties are jumping on the bandwagon.
It looks like the only munitions cluster that will be in Croke Park in the interim will be from Kerry.
The Ceann Comhairle will regret his confidence.
I ask the Ceann Comhairle to withdraw his provocative remark.
The Deputies' team will be on strike.
Will the social housing (miscellaneous provisions) Bill be brought to the House before it rises for the summer?
Yes, it will be introduced in this session.
When will the acute hospitals review be published? When will the eligibility for health and personal social services Bill be published? A publication date of 2009 is given. This acute hospitals review will have serious permutations in terms of the delivery of hospital services in places such as Mallow General Hospital. The Ceann Comhairle should know that we are awaiting this review because of its serious permutations for Mallow.
That may be so, but we cannot go into that now.
On a procedural matter, if I raise it under Standing Order 32 it will not be taken and neither will it be taken if I seek to raise it on Adjournment. I am a Member for Cork East and I want to raise the issue of Mallow General Hospital, but I am being told I cannot do so. They are diminishing the services to the hospital by stealth as we speak.
The Deputy knows we cannot have speeches on the Order of Business.
A review report is sitting in the national hospitals office of the Health Service Executive, of which we do not have sight. Before that report is even issued——-
We cannot go into that now.
——they are diminishing the hospital services. The people of Mallow and its catchment area will be without a hospital before long and I do not have the wherewithal to raise the issue here.
I will try to facilitate the Deputy in whatever way I can and I will communicate with him from my office.