It is proposed to take No. 9, motion re proposed approval by Dáil Éireann of the terms of the instruments as contemplated by Article 3(2) of the Agreements on Extradition and Mutual Legal Assistance between the European Union and the United States of America (back from committee); and No. 15, Financial Motions by the Minister for Finance, 2008, motion 15 (resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 9 shall be decided without debate. Private Members' Business shall be No. 44, motion re medical cards.
Order of Business.
Is the proposal for dealing with No. 9, without debate, agreed to? Agreed.
I have two questions for the Tánaiste. The Taoiseach said that an agreed single capitation rate would be made available next week. Can the Tánaiste explain to the House——
That is not in order, as the Deputy is well aware. He had his opportunity on Leaders' Questions. I cannot allow it.
You cannot allow what?
It is not in order.
This is the Order of Business.
It is.
The Taoiseach has just announced that a single capitation rate will be produced next week. I want to know the process by which the Tánaiste is going to arrive at it. This is a legitimate question.
Okay.
The Ceann Comhairle has to give into that.
Even a Kerryman can jump the gun on occasion. On what date will the social welfare Bill be published?
On the first issue, which I would purport is as ord, ach is cuma——
Níl sé as ord ar chor ar bith.
——the process has been undertaken by Eddie Sullivan and submissions will be considered. A timeframe has been set for the former Secretary General of the Department of Finance to report to the Government next week.
On the social welfare Bill, it will be brought forward this session but I do not have a precise date. I will ask the Minister and revert to the Deputy in due course.
Will it be brought this session?
Yes, in the first week of November.
That is the week of publication of the social welfare Bill. Arising from that, I ask whether it remains the Government's intention that the provision for repealing section 1 of the Health Act 2001, which gives an automatic right to a medical card to people over the age of 70, will be included in the social welfare Bill or if separate legislation will be brought.
When does the Government intend to move the writ for the Dublin South by-election?
On the first issue raised by the Deputy, as of this moment it is the intention to introduce the provision through the social welfare Bill prior to 1 January. However, that is not a final decision of the Government.
The Minister for Social and Family Affairs, Deputy Hanafin, would not agree to it.
That is the current proposal and the decision will be taken by the Minister for Health and Children.
No date has been set for the moving of the writ for the by-election.
I think the Government will pass on that for some time.
I plan to periodically remind the Tánaiste and the Taoiseach about the Dublin South by-election.
In regard to the social welfare Bill, the Tánaiste is now providing new information to the House. My understanding from what she told us last week was that the removal of the medical card from pensioners would be in the Bill. She now tells us the Bill will be published in the first week of November. It is now 21 October. Is the Tánaiste telling the House the Government does not know if the removal of the medical card will be included in a Bill which is to be published on 1 November?
It is such a hot potato.
Has the Government not made a decision on this?
There may not be a Government.
If it is not going to be in the social welfare Bill, by what legislative means is the repeal going to be brought before the House? Clearly it has to be brought before the House reasonably quickly if the Government intends to proceed with it on 1 January.
Legislation is being drafted by the Department of Health and Children. It is our intention to facilitate that legislation within the social welfare Bill from the Department of Social and Family Affairs. However, the heads have not been brought to the Cabinet for final ratification and decision. Therefore, I can only say at this time it is our intention this will happen but further discussion within the Cabinet will be required.
Has agreement been reached between the two Ministers concerned as to who will move this historic matter?
That is the real question.
Yes.
Which Minister will it be? The Tánaiste said "Yes", so there is agreement. Which Minister will take the medical card off the pensioners?
For the sake of clarity——
Blame the Minister for Health and Children, Deputy Harney, again.
Mary something.
I am particularly careful of what is being said today. At this moment, it is the intention that the legislation will be part of the social welfare Bill.
But——
It will be brought forward by the Minister for Social and Family Affairs and the matters pertaining to the Minister for Health and Children will be dealt with by the Minister for Health and Children. I cannot give a definite answer on the issue until the Cabinet has made a final decision, which I cannot pre-empt.
The Taoiseach gave a definitive answer last week.
That is as clear as I can make it.
It is the politics of headless chickens.
Given that we have the farcical situation of GPs being, under law, separate contractors, yet there is a uniform charging system arising from negotiations with a representative body, is it not the case that amendments will have to be brought forward to address the outworking of the Competition Act? This applies not only in respect of the GP situation which has been highlighted in recent days but as it applied previously to the IPU and as it applies to the Irish Dental Association. Will the Tánaiste indicate the Government's intention regarding the difficulties presented by the Competition Act in this and the other cases I have cited?
It is my intention to amend the Competition Act. There is a review under way and I will encompass that matter in the review and make proposals for an amendment to the Competition Act, which would also take into account the amalgamation of the Competition Authority and the NCA. This would have to reflect the regulatory framework of European competition law but it is my intention to introduce new legislation.
Will the Tánaiste indicate when that will be?
As soon as is humanly possible.
Will an order be brought forward to postpone the elections to the regional fisheries boards yet again? This will be the fourth year in which such elections have been postponed. Two years ago the Minister, Deputy Ryan, then in opposition, described it as an act of cowardice that the Government did not hold these elections. With regard to the budget announcement that the regional fisheries boards will be absorbed into the central fisheries board, how will this be done? When will legislation be introduced and what will happen in the meantime in respect of representation on the regional fisheries boards?
New legislation will have to be introduced in the context of the amalgamation of all the fisheries boards. On the issue of the specifics of elections to the board, that had to be done by the end of the year. I will ask the Minister of revert to the Deputy on the matter.
When will the new legislation be published?
It will be next year.
I wish to ask the Tánaiste about three issues. When will there be an amendment to the Foreshore Act, which was promised in the programme for Government? Arising from complaints made by Deputy Deasy to the ombudsman, there is a recommendation to introduce a national waiver scheme for bin charges and for the necessary legislation and regulations to bring that recommendation to the Cabinet. When will that be brought forward?
Will we require another quango called the Competition Authority anymore?
The Deputy was going well until now.
This arises from the decision of the Government on the finances, the banks and the health regulations. When will we see the competition amendment Act? There is a requirement for legislation on competition.
The Foreshore Act will be amended next year. On the second issue, there is no need for legislation and on the third issue, I will bring forward legislative proposals to the House following consideration by the Cabinet.
The Government is committed to introducing legislation to legalise the situation in north County Dublin, where the County Dublin VEC is now the patron of a primary school, the first in the country. The legislative programme suggests this legislation will not come into effect until late next year. Item 32 on the Order Paper is a Private Members' Bill, long and complicated legislation that fits on to a single A4 page. If the Government is overloaded by drafting legislation, I suggest it examines the legislation and considers putting that school, the parents, children and teachers on a legal basis to protect them from acts that may arise out of acting without a legal basis.
The Government's legislative proposal is for next year. I assume Deputy Quinn's proposal would have to be taken in Private Members' time.
No, we are trying to be helpful. I know the Government is overloaded. We have drafted a Bill and I invite the Chief Whip, the Tánaiste and the Minister for Education and Science, who is in China, to examine this. It could be passed in a short time and it would get rid of the legal worry that the VEC has at present, that it is operating illegally.
I cannot make a decision on the hoof on that issue. The Minister for Education and Science can consider it when the legislation comes to the House.
I refer to another budgetary issue. Will the Tánaiste tell us if it is proposed to provide sufficient moneys in order that the fair deal scheme can be introduced earlier rather than later? This is promised legislation that has been published. The difficulty for health board areas is that the funding is not available. The families of those entitled to medical cards and who have medical cards are put to the pin of their collars to pay for them in nursing homes. Will the Minister introduce a supplementary budget to ensure this happens?
The Minister for Health and Children is anxious to have the legislation discussed in the House and has provided for the legislation and its implementation within her budget.
I refer to topical issues, two Bills on which the Tánaiste might indicate her intentions to the House. One is the legislation to clarify and update the provisions relating to the eligibility for health and personal social services, No. 54. It looks like a suitable Bill for debate in the House in the present circumstances and climate. It might provide an opportunity for the Minister to provide clarity on the situation that is unfolding.
The financial services miscellaneous provisions Bill will transfer ministerial responsibility for building societies from the Minister for the Environment, Heritage and Local Government to the Minister for Finance to provide for various other miscellaneous amendments. Both Bills are topical and important. Will the Tánaiste indicate if these will be introduced earlier than expected? Otherwise they will have to be amended.
It is not possible to indicate with regard to the first Bill. Regarding the second, it is hoped to introduce it next year.
Mañana.
When is it expected that the public transport regulation Bill will be published? Regarding reform of the Competition Act, Mr. Prasifka says he cannot order a study of any industry such as the liquid fuels market because it would prejudice a court case. Is the Tánaiste in favour of giving the Competition Authority the powers that seem to be necessary?
The public transport legislation will be taken next year. Regarding the Competition Act, I must take into consideration all the legalities before I produce legislation. Considerable work was done on the review and I will do my utmost to introduce the legislation for consideration as quickly as possible. I cannot pre-empt what will be contained in it.
Will that have an impact on the Government decision taken this morning?
Do I understand the Tánaiste to state that she is considering, inter alia, an amendment to section 4 of the existing Competition Act? That is the legislation about which I asked before.
Yes, I have given an undertaking that that will take place. We are reviewing the entire competition law, as set down by the Houses of the Oireachtas.
We will finish where we started.
I thank the Ceann Comhairle, who is very kind today. There appears to be very little education legislation in the legislative programme, with nothing in sections A and B, nothing until late 2009. Surely a legislative stamp is required on the budgetary destruction of our education system.
That is very interesting but it is not in order today.
Yes, it is legislation in respect of education.
Is legislation promised in this area? I do not mean to be flippant with the Deputy.
Nothing is promised.