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Dáil Éireann debate -
Thursday, 29 May 2008

Vol. 656 No. 1

Order of Business.

It is proposed to take No.16e, motion re referral to joint committee of proposed approval by Dáil Éireann of a Council decision on the improvement of co-operation between the special intervention units of the member states of the European Union, Council framework decision on taking account of convictions in the member states of the European Union, draft Council decision on the stepping up of cross-border co-operation and Council framework decision on the protection of personal data; No. 16f, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the agreement establishing a maritime analysis and operations centre-narcotics between Ireland, the Kingdom of the Netherlands, the Kingdom of Spain, the Italian Republic, the Portuguese Republic, the French Republic and the United Kingdom of Great Britain and Northern Ireland; No.18 — statements on the prevention of cervical cancer; and No. 2, Legal Services Ombudsman Bill 2008 — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that (1) Nos. 16e and 16f shall be decided without debate; (2) the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion at 1 p.m. today and the following arrangements shall apply: the statements of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party, the Labour Party and Sinn Féin, 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, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes, and, on the conclusion of questions, a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; and (3) the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 4 June 2008.

There are three proposals to put before the House. Is the proposal for dealing with Nos 16e and 16f agreed?

It is not agreed. I do not agree that some of the decisions contained in 16e should be referred to a committee without debate, namely, the Council framework decision on the protection of personal data, the framework decision on police and judicial co-operation on criminal matters or the Council decision on the stepping up of cross-border co-operation, particularly in combating terrorism and cross-border crime.

The data protection decision is not good enough either in terms of its content or the mechanism by which the Government is attempting to rush it through. Over the past number of years, countless EU measures mandating that sensitive personal data be made available to various agencies have been pushed through the Dáil with minimal scrutiny and in the absence of sufficient data protection in this State. The Data Protection Commissioner has already acknowledged that our domestic protections are insufficient and has called on the Oireachtas to deal with that issue. A full debate on that proposal is warranted and I oppose its referral to committee without debate on that basis.

In the context of the framework decision on the protection of personal data, the fourth motion states that we should maintain and share a national DNA database. Again, I am not opposed to the setting up of a DNA database but, as legislators, we have not had a proper debate on the issue and the fundamental concepts behind it have not been teased out in the Chamber. The standards are being set for us by EU pressure and that is why the proposal should be rejected until such time as there is a proper debate in the House.

I have no objection to the referral of No. 16e to the joint committee but I ask that time be given, when the committee reports, for the issue to be discussed in the Chamber with whatever recommendations the committee makes. The issues concerned are extremely important and deal with the stepping up of cross-border co-operation, which is something we have all called for in this House on many occasions and which is, incidentally, provided for in the Lisbon treaty. I am surprised that Deputy Ó Snodaigh did not refer to the strengthening of cross-border co-operation in his remarks in the context of this treaty. The other important issue that is being dealt with is the protection of personal data. Again, the Charter of Fundamental Rights is extremely strong on the protection of personal data. In fact, the Lisbon treaty will be engaging with these issues and making them stronger, more robust and more effective.

It would be ideal if, in the run-up to the vote on the treaty, once the joint committee makes its report and recommendations, that the issues would come back to the House where we could have a decent debate on them.

As Deputies are aware, the purpose of these motions is to strengthen Ireland's hand and that of its EU partners in the area of cross-border crime. Countries that have parliamentary reservations have been urged to deal with the issues as a matter of urgency, which the Minister for Justice, Equality and Law Reform and the Government are anxious to do.

I can agree to the suggestion of Deputy Costello that, following the debate in the committee, we can, if necessary, have a debate in the Chamber when the matter is referred back. I cannot agree to the request of Deputy Ó Snodaigh, unfortunately.

Question, "That the proposal for dealing with Nos. 16e and 16f be agreed to”, put and declared carried.

Is the proposal for dealing with No. 18 agreed? Agreed. Is the proposal that, on its rising today, the Dáil shall adjourn until 2.30 p.m. on Wednesday, 4 June 2008 agreed? Agreed.

I welcome the Minister for Health and Children to the Dáil and hope she will take time today to provide us with clarity on the precise Government intentions on the national development plan, in particular its educational element with regard to bringing ICT into schools. The Minister stated it was an aspiration, the Taoiseach stated it was under review and, today, the Minister for Finance stated that the Department of Education and Science has the money.

And now you have me stating it is not in order.

Will the Minister for Health and Children make time available in the Dáil to make a statement on it? I have heard the Ceann Comhairle allow this previously from many a spokesperson other than myself.

That is all right. I assure Deputy Bruton there is no bias.

I know that — I would never accuse the Ceann Comhairle of bias.

On the Government's legislative programme with regard to the Department of Justice, Equality and Law Reform, Deputy Charles Flanagan informs me the programme has 49 elements so the Department cannot be accused of lack of activity. Will the Minister for Health and Children indicate where the priorities lie in the wake of yesterday's figures which show gangland crime is getting the upper hand? Murders have increased by 28%, murder threats by 73% and drug offences by 31%. We need to see where are the priorities. Several times we were told we had a watershed. If I had a penny for every time we were told a watershed killing had occurred and that things would utterly change——

On legislation.

While I am on my feet, I have a final question. This week, we had meetings with consumer agencies and various representatives. Will the Government publish a list of prices in stores in the UK and in Ireland——

That is not in order.

——so that prior to this weekend shoppers can see a proper comparison of prices and make the decisions the Minister is always telling them to make.

Deputy Bruton knows that is not in order. The Minister on the justice legislative programme and the question of a debate.

The issue of a debate on crime is a matter to be discussed with the Whips. The Government is always happy to facilitate debates on important matters.

The legislative programme has been published by the Government and I will not go through the 49 Bills to which the Deputy referred. The Department of Justice, Equality and Law Reform is a major law-making Department and we have enacted several items of legislation in recent years. It is not only about legislation, although legislation has an important part to play. It has many other aspects, including strengthening the Garda Síochána, which we have been doing.

We appear to be losing ground.

I do not accept that.

The figures show it.

The matter of a debate should be discussed with the Whips.

I wish to raise two matters. The first relates to the promised legislation on agency workers and refers to the Bill published by the Labour Party on this matter. The British Government has reached agreement with the British Trades Union Congress and with the Confederation of British Industry on a regime governing agency workers in the United Kingdom. The terms of this agreement appear to be close to the provisions contained in the Labour Party Bill placed before this House.

As a result of this agreement, the British Government is withdrawing its objection to the proposed European Union directive on temporary agency workers. This means only Ireland and Hungary continue to oppose the introduction of this directive at European Union level, which will provide protection for temporary agency workers. I understand a meeting of the employment Council will take place on 9 June. Given the agreement reached by the British Government and the withdrawal of its objection, will the Irish Government withdraw its objection to the directive so that it can proceed? It is an important directive which will provide protection and rights to temporary agency workers.

A question must be asked on legislation.

The second matter is the report of the Morris tribunal. Previously, I asked for a debate in the House on this report. We were told the Government wanted to await the publication of the two further reports from the tribunal which the Tánaiste stated were imminent when I asked her on 8 May and which I now understand will be published in the middle of June. I am concerned that the debate in the House on the report of the Morris tribunal should take place prior to the Dáil going into recess for the summer. I seek an assurance from the Minister that time will be provided prior to the summer recess for a debate on the Morris tribunal. It is immaterial whether this debate is on the report already published or on the collection of reports when they are published.

On the second matter, it was the Government's intention to wait to have a debate until publication of all of the reports which we expect by the middle of June. Deputy Gilmore makes a reasonable request. Even if we did not have these reports, I believe the Government would facilitate a debate prior to the summer recess.

The employment agency regulations Bill is due to be published this session. In everything the Government does, it seeks to enhance the creation and protection of employment in Ireland and this will be the approach we will adopt on this matter.

I call Deputy Jan O'Sullivan.

The Minister replied that the legislation will be published this session. What is the status of the Government's objection to the European Union directive? The Governments of Ireland and Hungary are holding up this directive. The British Government has reached agreement with trade unions and industry and is withdrawing its objection. As I understand it, a meeting of the employment Council will take place on 9 June at which this matter could be progressed. It is not reasonable that European Union legislation which would provide rights to workers is being held up by this country. I want this objection withdrawn, particularly if, as the Minister stated, the Government is ready to proceed with the publication of domestic legislation. I do not see any reason to continue to block the progress of European legislation on the matter.

The difficulty is, as Deputy Gilmore well knows, that Standing Orders provide quite specifically that we deal with promised legislation on the Order of Business and not with legislation that is not promised.

It is promised.

In any event, I ask the Minister whether this legislation is promised.

I already stated the employment regulations legislation will be published this session. Ireland must make its own decisions on these matters. We have a unique system of social partnership which is different from the social partnership model which exists in many other countries. The Deputy's question is more relevant to the line Minister than it is to me this morning.

We have only 11 Dáil working days before the summer recess. Will the fair deal legislation be published and does the Minister still believe the Government will be able to bring it through both Houses of the Oireachtas before the summer? Families have been waiting for this and are paying large amounts of money to nursing homes. Will the Minister provide the House with a clear answer on this matter?

I cannot tell the Deputy the exact day of publication but I am optimistic it will be published shortly. We had a good meeting with the Attorney General and his team approximately three weeks ago and we finalised this complex legislation. I expect to bring the final draft of the legislation to Government shortly. Fast-tracking it through the Oireachtas might be too ambitious. This would be a matter not only for me, but for other Members also. I was asked by Deputies, including by Labour Party Deputies, not to rush it when it is published.

If it was published on time we would not have to rush it.

Nobody is more conscious than I am of the hardship endured by families. The purpose of the legislation is to bring greater equity and fairness to the funding of long-term care for older people and their families. However, it has proved to be extremely complex from a legal point of view.

That is because the family home is stuck to the debt collector.

It is not just because of that aspect.

Will the Minister undertake that the €110 million allocated to implement the legislation will be used on services for older people?

We cannot have that.

The Taoiseach's statement yesterday on the national development plan is adrift of the commitments he gave during the past 18 months that it would be implemented to the letter.

That is not in order.

We are only two weeks shy of finishing the summer session. When we come back, we will have the budget preparations.

To what legislation is the Deputy referring?

Is it possible to have a debate on the national development plan because the Minister for Finance said on radio earlier that line Ministers would be free to determine capital spending for their Departments under the plan?

The Deputy is completely out of order. I assume the debate is a matter for the Whips.

The Minister for Finance on RTE radio earlier said line Ministers would be free to call the capital spending commitments in the NDP by their Departments.

The Deputy is out of order. She cannot discuss the issue now. If everybody behaved like that, we would be here until tomorrow morning.

This is a disaster for the plans for the metro, Dublin North and Dublin West.

We cannot go into this. I call Deputy Ciarán Lynch.

Can we have a debate on this?

The Deputy is completely out of order.

The Ceann Comhairle should give the Deputy an opportunity to speak.

It is a huge change in the economic policy of this country as we head into the next budget.

The matter is out of order.

What the Taoiseach said is consistent with the statement on page 16 of the NDP, which is that the plan and the programme for Government are predicated on prudent budgetary policy and they are in line with the EU Stability and Growth Pact. All plans, including the programme for Government and the NDP, must be predicated on that. There is no change in that.

That will mean huge cuts.

The Taoiseach is a man with no power.

I refer to two matters. When is it intended to implement the new energy rating system provisions for houses? This is covered by an EU directive on energy performance of buildings, which Ireland is required to implement. Will such a directive, when implemented, also apply to local authority housing under the legislation that will be required?

What progress has been made on the commitment in the programme for Government to ensure noise insulation levels protecting the quality of life of homeowners? This is necessary legislation. When is it expected to be introduced? Will it be made retrospective to ensure houses built prior to the introduction of the legislation are brought up to standard? Will an incentive be provided through a grant or funding to allow this to happen?

The directive is a matter for secondary legislation and I will ask the Minister for Communications, Energy and Natural Resources to communicate with the Deputy. A noise Bill will be introduced later this year, which may deal with the second issue raised by the Deputy.

Will the Minister provide time later or during the final 11 days of the session to discuss the disgraceful refusal of the Minister and others to listen to the patients, families and care providers——

For the information of all Members, if the debate is not promised, it is not in order to ask a question.

It might be promised if the Ceann Comhairle allows me to finish the sentence.

The Deputy cannot use it as a pretext to make a Second Stage speech.

I am not making a Second Stage speech. If the Ceann Comhairle would like, I will do so. That is not what I intended. I would like to ask in the context of the ill-considered move of the Central Mental Hospital from Dundrum——

The Deputy is completely out of order.

Is there promised legislation relating to the move——

To what legislation is the Deputy referring?

Does the proposed move involving the Central Mental Hospital require legislation or will it be contained——

Is legislation promised in this area?

If the Ceann Comhairle waited and allowed me to finish the sentence, it would be helpful. Will the Minister bring forward the mental health amendment Bill? Will it address the decision required for the ill-considered move of the Cental Mental Hospital to Thornton Hall and the association of mental patients with criminals in that jail?

The mental health amendment Bill will be introduced next year.

Considering the loss of 100 staff at Crumlin children's hospital and the antiquated conditions in Temple Street children's hospital, why has there been no development, good, bad or indifferent, on the new national children's hospital?

That is not relevant to the Order of Business.

Is legislation required to address the matter?

Will the Deputy specify the legislation promised? Is legislation promised?

There will be legislation to establish the new hospital. Significant work has been done. The board is incredibly active in progressing that project and capital funding has been prioritised for it. I recently met the board, which is recruiting a CEO for the project.

The legislation will be prepared. It will not be needed until we are about to commission the hospital but we will have legislation.

No planning has taken place.

The board cannot apply for planning permission until it knows what it is applying for.

No tenders have been sought to even draw up a master plan.

The board was established less than a year ago.

More than a year ago.

The development board was established less than a year ago. It is recruiting a chief executive officer for the project. The board members are involved in significant work. The board is comprised of incredibly dedicated people with enormous experience in handling major projects, together with a number of clinicians from the children's hospital and paediatricians generally. I am satisfied the board is doing everything to advance the project with a view to it being completed by 2012.

All this work was done previously at a cost of——

The Minister has no money.

We have received conflicting information on a Bill that has been around for a considerable time and with which the Minister will be familiar. Have all the necessary discussions taken place to enable the pharmacy (No. 2) Bill to be introduced in order that we can at long last have a debate on the impasse that has existed for some time?

To reduce the long list of legislative proposals from the Department of Justice, Equality and Law Reform, would it be possible to introduce the extradition Bill? The date for its likely introduction is vague. The issue needs to be addressed.

The proposal for legislation to update the regulatory framework for dentists has been around for a long time. The date for this is also vague and unless the root canals of the people are to remain untended forever, it would be great if the Minister could seize the opportunity presented to her with both hands, extract the Bill from its present location and bring it before the House.

We enacted a Bill in the past year to regulate the pharmacy profession, which was the first to be introduced in 150 years. The second Bill to which the Deputy refers relates to technical issues and it has nothing whatsoever to do with contractual issues, which are currently the subject of a review by Sean Dorgan and his group, which is due to complete its work shortly.

I am not certain who the Deputy wishes to extradite but the draft heads of the extradition Bill are being prepared. I do not have a date for its publication.

The next health professional regulatory Bill from my Department will deal with nurses and midwives and will be published later this year. The legislation relating to dentists will follow that.

Excellent. I can think of several people to extradite.

The Deputy should leave the list open.

Earlier this year for party political, partisan reasons, the Government refused to accept a Fine Gael Private Members' Bill on cluster munitions, promising its own initiative. Having regard to the successful negotiation of the cluster munitions convention in Croke Park this week, where stands the legislation promised? Will it be published prior to the summer recess? Why was the Fine Gael Bill rejected, other than for partisan political purposes? The Government does not wish to acknowledge Opposition Members who can produce legislation.

I share the Deputy's view about the convention agreed in Dublin. It is a major step forward and everybody involved needs to be congratulated. It is a landmark decision. The Government is preparing legislation but I cannot say precisely when we will have it. It is being prepared as a matter of urgency. The matters outlined in the Fine Gael Bill will be taken into account in that legislation.

It will be no different.

Only 11 days remain in this session. Will the social housing miscellaneous provisions Bill be brought before the House to give local authorities powers to deal with anti-social behaviour? Good law-abiding citizens witness drug dealing and so on taking place in their housing estates.

The Deputy has asked his question.

No. 25, the designated land (housing development) Bill is brought by the Minister for the Environment, Heritage and Local Government under the heading of "use it or lose it" in respect of lands that have been zoned. Could section 47 of the Planning and Development Act be removed from that Act and brought in as part of the Designated Land (Housing Development) Bill?

Could the Minister comment on those two Bills?

The second Bill will appear later this year. Perhaps the Deputy will raise the specific inquiry with the line Minister, the Minister for the Environment, Heritage and Local Government. The first Bill is expected this session.

A total of 200 jobs hang in the balance in west Waterford arising from the threatened closure of Cappoquin Chickens.

That is not in order.

The substantial reason for this threatened closure, as enunciated by the management, is Government policy in respect of imported GM feedstuffs.

I would love to oblige the Deputy but I cannot do so.

We have a new Minister for Agriculture, Fisheries and Food. We have the closure of Grove Turkeys in his constituency.

I cannot go into that.

Will there be a change in policy to return to the situation that pertained before the Green Party arrived in Government where feed could be freely imported?

I cannot talk about policy this morning. Let us move on.

This involves €160 million as a cost factor for the industry.

That is out of order.

It is a real issue for real people in west Waterford.

I understand that but I cannot deal with it now.

In respect of constitutional legislation on the Lisbon treaty, does the Government intend to meet with the farming organisations shortly to give them assurances regarding the conduct of the WTO talks?

That is two down anyway. It is out of order.

It is a very relevant——

Let us stick to legislation. Deputy Creed is out of order.

The Minister wants to answer.

It does not matter. She would be out of order if she did.

All parties in this House agree we must significantly reduce our carbon emissions to tackle climate change. The Chairman of the Committee on Climate Change and Energy Security secured agreement from the Government that we would have a debate in this House. It is long overdue but there is still no sign of it. Could I get a guarantee from the Minister that we will have this debate before the Houses rises?

Is a debate promised?

I will certainly ask the Government Chief Whip to advance that with his colleagues from the Deputy's party and Fine Gael and the line Minister.

On the day Deputy Brian Cowen became Taoiseach, he said to this House that the status quo as it pertains to the county hospital structure could no longer be retained. I am sure the Taoiseach meant to use the term “general hospital structure”. Given that there are countless thousands of people——

What is Deputy Sherlock speaking about?

If the Ceann Comhairle will allow me to finish, I will come to it.

The programme is becoming a full-length feature film.

I bow to the Ceann Comhairle's superior knowledge as I am a new Deputy.

I am not suggesting that for a moment. In fact, I defer to the Deputy's knowledge of Standing Orders.

I am seeking a little bit of latitude to raise an issue which is very important for the constituents I serve.

The Deputy should ask about legislation.

The county and general hospital structure is being undermined. The Taoiseach made comments to this House that the status quo could no longer be retained. I ask that a debate be held in this House so that we can——

The Deputy cannot do so because if the debate was not promised, as I said to Deputy Ó Snodaigh earlier and I must apply the rules fairly to everybody, we cannot ask about it under Standing Orders. There is nothing I can do about that because Standing Orders are made by the Members of the House.

I appreciate that but we are now faced with situation where the county and general hospital structure is being undermined in Roscommon, Mallow and Nenagh.

The Deputy is out of order.

We do not have a voice on this issue.

I cannot talk about it now.

When is it the Government's intention to ratify the Aarhus Convention and prepare necessary complying legislation? I understood that it was a deep Green commitment in the programme for Government.

The colour of the convention is not relevant.

Like the Ceann Comhairle's tie.

It is well promised.

I do not have an answer to that. Again, it is secondary legislation. However, I will ask the Minister for the Environment, Heritage and Local Government to communicate with Deputy Higgins.

Will the Minister try to ensure this answer is produced before the summer because several summers have gone by and I have asked a similar question? It is a convention of fundamental importance to those rightly seeking and securing information on planning matters.

We are in the summer, although I accept we do not have the kind of weather we would expect for the summer all the time.

Can we blame the Government for that?

I will get the Minister for the Environment, Heritage and Local Government to contact Deputy Higgins.

In her capacity as Minister for Health and Children, when does the Minister expect draft legislation on the referendum to be prepared in respect of the age of consent and the protection of children, particularly in respect of eliminating the defence of mistake as to age so that children and teenagers will not have to go before the courts and defend how they looked and dressed and sexual predators will not have an easy defence for irresponsible actions?

As the Deputy is aware, we have an all-party committee, on which her party is represented by Deputy Howlin. The Minister of State with responsibility for children, Deputy Barry Andrews, and the Minister for Justice, Equality and Law Reform are working actively to bring back, hopefully, an agreement to this House in respect of that matter.

Will No. 44, the industrial relations amendment Bill, which is promised legislation, include a provision for dealing with wildcat strikes in essential industries like transport?

I do not have a date for that at the moment.

In respect of the Dublin Transport Authority Bill, which is currently before the Dáil, and in view of the Minister's earlier comments about the national development plan and the review which is implicit due to the shortfall in income to the State, will there be a review of all Transport 21 projects, which the Government is spending over €3 million per annum advertising? Is there is a slowdown or change in the timeline for those issues?

We cannot deal with that on the Order of Business.

I raised the issue of No. 92, the public transport regulation Bill, yesterday. I do not think the Minister for Transport was here at the time. The Minister for Foreign Affairs interjected yesterday during my contribution. I am seeking clarification. The Minister maintained he would be prepared to set up an inquiry for expanding rail into the north west. Was this a facetious comment? If it was genuine, is this new policy that the Government intends pursuing?

We cannot discuss that on the Order of Business. I told the Deputy yesterday that we cannot discuss policy. I am moving on. Sorry, my apologies, I call Deputy Naughten.

I am not a big man but I did not think the Ceann Comhairle would ignore me like that. I wish to ask about two promised Bills. When we will see the animal health and welfare Bill which has been promised for the past five or six years? It would facilitate the Minister for Agriculture, Fisheries and Food to come in here and deal with the issue in respect of the veto regarding the WTO talks.

Will the Minister for Health and Children comment on the meeting held yesterday regarding Roscommon County Hospital?

She cannot do that.

When will we see the health information Bill put before the House?

In respect of the animal health and welfare Bill, I understand a consultation process with various stakeholders has been initiated. The health information Bill will be published next year. For the record, the meeting that took place yesterday was a regular one of the Cabinet sub-committee on health.

We cannot go into that.

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