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Dáil Éireann debate -
Thursday, 3 Jun 2010

Vol. 711 No. 3

Order of Business

It is proposed to take No. 10b, Electricity Regulation (Amendment) (Carbon Revenue Levy) Bill 2010, financial resolution; No. 10c, motion re sittings and business of the Dáil; No. 21, Adoption Bill 2009 [Seanad] — Report Stage (resumed), to adjourn at 1 p.m. if not previously concluded and the order shall not resume thereafter; and No. 5, Health (Miscellaneous Provisions) Bill 2010 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 10b and 10c shall be decided without debate and in the case of 10c, the motion and all amendments thereto shall be decided by one question which shall be put from the Chair. The Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 9 June 2010.

There are two proposals to put to the House today. Is the proposal for dealing with No. 10b, Electricity Regulation (Amendment) (Carbon Revenue Levy) Bill 2010, financial resolution, and 10c, motion re sittings and business of the Dáil, agreed to?

I join with the Ceann Comhairle in welcoming Dr. Paisley and his good wife to the Distinguished Visitors Gallery of the Dáil. Over the years we have heard the voice of Dr. Paisley on many issues, usually much louder than mine. I might have disagreed with him on many issues but on one I would always agree, and that is the question of the accountability of parliament.

I disagree with these motions and with the Order of Business. It includes a proposal that the House should come together on Wednesday and Thursday of next week without any accountability, any legislation, any questions to a Minister, any Leaders' Questions and any Adjournment debate, at a time when we expect that two major banking reports are to be put into the public domain, at a time when the Taoiseach refuses to come in here on Thursday mornings, at a time when the Government clearly has something to hide or is afraid to return to the House to answer questions——

——about its gross abuse and wastage of public money and the fact that it has transferred the debts raised in Anglo Irish Bank onto the backs of the Irish taxpayer.

I understand the Minister for Health and Children has written to the chief executive of the Health Service Executive

I am sorry to interrupt Deputy Kenny but the Order of Business is not a catch-all situation.

I am not accepting the Order of Business because the Government expects——

The opportunity to comment on the Order of Business does not provide a catch-all arrangement.

The Ceann Comhairle might as well adjourn the House because we are not going to get anywhere with this Order of Business.

Did the Deputy have holidays booked for next week?

This Order of Business is not acceptable.

We would much rather hear the Deputy say he will co-operate with the House.

(Interruptions).

The fact of the matter is that we are being bulldozed into agreeing this Order of Business by the Government which wants to take next week in this House statements on the Ryan commission——

——-which is important. However, there must accountability and parliamentary scrutiny when this House meets. God knows what will happen when the Rachel Corrie reaches or is intercepted by the Israeli navy on its way to Gaza through international waters. We have sought assurances——

The Deputy is abusing the Order of Business if he continues in this vein.

——-and we need to be vigilant here. As I stand in this Chamber, there are children in this country in positions of great vulnerability.

That is correct.

We know that the HSE has sent children to foster parents who have not been vetted.

Deputy Kenny, this is the Order of Business. The opportunity to make those points——

We know there are children sent into care where no social workers visit them.

I am not disputing the Deputy's right to make those points but there are other times when he can make them.

We know there are children who are missing, having been sent into care by the HSE.

Deputy Kenny, please.

We have a situation where the Government continues to pump taxpayers' money into Anglo Irish Bank which will sink the next generation with debts.

I ask Deputy Kenny to co-operate with the Chair.

The Government expects us to——

I ask Deputy Kenny to co-operate with the Chair.

——to agree an Order of Business which requires us to come in here next week and do or say nothing and ask no questions of an absent Government, absent Greens and so on.

We are to do nothing.

I will remind the House of what the absent Green Ministers should remember, namely, when former Minister of State, Deputy Sargent, was leader of the Green Party in 2006——

He turned yellow.

——he said: "The Government wishes to insulate itself from scrutiny and accountability." This is true.

This Government has a lot to hide. It does not want to come in here and it expects us to accept this Order of Business——

Deputy Kenny, there are specific proposals being put to the House this morning.

——which requires a day of no business. It is a veneer, a charade and a whitewash and I will not stand for it.

Deputies

Hear, hear.

The Opposition is annoyed it has to sit an extra week.

The Minister of State, Deputy Mary White, is wearing yellow today.

The Minister of State is not from Kilkenny. She is a Carlow woman.

(Interruptions).

Deputies, unless I get co-operation in the House I will have to suspend business.

The Ceann Comhairle might as well suspend the House. This is a joke.

I call Deputy Gilmore.

The Deputy must have booked holidays.

Where will Deputy Dooley be going?

We at least know the difference between red and green.

Deputy Kehoe, please. I call Deputy Gilmore.

I think the Kilkenny colour is a deeper yellow.

Canary yellow.

The Greens of late are a weak yellow.

I join with Deputy Kenny in welcoming Dr. Paisley and his wife to the House. This is an historic occasion.

The Government proposal before the House this morning in regard to next week is unconstitutional, a matter I will deal with later. I want first to deal with the political context for this proposal. The Government had originally intended that there would be no sitting of the House next week because it was anticipated that the three by-elections——

The Whips agreed that last September.

Deputy Dempsey, please.

——which are outstanding, one for a year, would be held next week in conjunction with the referendum on the rights of children. If the Minister, Deputy John Gormley, had got his act together by now in respect of the Lord Mayor of Dublin——

He is very seldom here.

——we might have had that election too. The Government does not want to hold the by-elections. It is afraid of facing the people. There will not, therefore, be by-elections next week and, because of this, the Government cannot hold the referendum on the rights of children next week. It is quite a cynical position on the part of Government in terms of it being prepared to sacrifice the welfare of children to protect its own political hide. As a result of all of this, the House must sit next week. The Government Chief Whip announced this with some fanfare last weekend.

The proposed sitting for next week comprises a day and a half. I do not have any objection to the business proposed in this regard but the House will be meeting for only a day and a half. If this is not bad enough, we have before us this morning a proposal that next week there will be no oral questions, Order of Business, Adjournment Debates, Requests under Standing Order 32, Private Members' business or votes.

That type of order for an entire week's business is arrogant. It shows a Government that is out of touch and that is abusing its majority in the House. It is a muzzling of Parliament. I submit that the proposal is not constitutional. I draw the attention of the House to Article 15.11.1 of the Constitution which states:

1° All questions in each House shall, save as otherwise provided by this Constitution, be determined by a majority of the votes of the members present and voting other than the Chairman or presiding member.

The motion before us states: "Notwithstanding anything in Standing Orders, unless the Dáil shall otherwise order. . . " The problem is that if this motion is passed, the Dáil will have no means by which it may otherwise order business in the House next week because it provides that there shall be no votes in the House. I put it to the House that the motion proposed by the Tánaiste is not constitutional and should not be taken in this House. It is unprecedented for any Government to abuse its parliamentary majority by bringing before Parliament a proposal which effectively muzzles it. That proposal and the manner in which it has been presented prevents the House from making a change next week.

Let us suppose an issue arises next week.

Let us suppose an issue arises in regard to the flotilla approaching Gaza or that there is a national emergency of one type or another.

(Interruptions).

They are like a chorus.

We are on the Order of Business. The Deputy is moving off the point.

There is a contemptuous attitude being portrayed by the Government in this regard.

They are going on their holidays.

Let us call this what it is, namely, a pretence that the Dáil will be doing normal business next week. The reason for this is that Ministers are going on holidays next week.

Deputies

Hear, hear.

The Government is making a mockery of the Dáil and is running away from its responsibilities.

(Interruptions).

The proposal is disgraceful.

(Interruptions).

Is the Minister of State, Deputy Mansergh, going to Spain?

They could not be going on holidays again; they are only back.

Order, please. Before I call Deputy Ó Caoláin, I wish to deal with a few points raised by Deputy Gilmore.

Are Ministers going away again?

Remember the snow.

Where was the Deputy?

Deputies, please. I must deal with a number of issues.

Is the Minister going back to his holiday home in Malta?

A number of issues have been raised that I need to deal with.

——in the High Court.

(Interruptions).

Deputy Ring, I wish to deal with a number of issues which——

On a point of order——

(Interruptions).

I cannot allow a point of order when there is disorder in theHouse.

On a point of order——

The Deputy cannot raise a point of order when there is disorder in the House.

On a point of order——

I ask the Deputy to resume his seat. I cannot deal with a point of order when there is disorder in the House.

The Deputy is only upsetting himself.

I wish to deal with a number of points raised by Deputy Gilmore. First, the Chair cannot rule on constitutional matters, that is an issue for another venue or another place. The motion before the House is in accordance with the precedents of this House.

There are no precedents for this.

I wish to deal with another point the Deputy made. The Dáil can next week vary the order if it so decides and so wishes. Votes proposed for next week are merely postponed.

We can deal with them now.

I call Deputy Ó Caoláin.

On my own behalf and on behalf of my Sinn Féin colleagues in the Dáil Chamber, I join the other party leaders in extending a welcome to Dr. Paisley and his wife. In witnessing the somewhat boisterous exchanges here this morning, I have no doubt the thought, "why have I missed such craic down here in the past?" might have crossed Dr. Paisley's mind. I would have no objection if he went back and said, "the craic down there is mighty, we should look at it again".

To turn to the business in hand, on my own behalf and my colleague's behalf, we strongly object to the ordering of business not only in terms of the approach today but the ordering of business for next week. Make no mistake about it, it is a sham session that is being put together for next week. There is no other way to describe it.

A Deputy

Exactly.

The critical issue is not only that there will be no questions, Order of Business or Private Members' business next week but that there will be no votes. Why will there be no votes? The reality must be that the Government is far too afraid or it already knows that it will not be able to muster enough support to ensure the Government's position if any vote were to be called on any of the matters before the House scheduled for Wednesday and Thursday of next week. That is at the core of what this is all about.

This will not impress the wider population who already have a very understandably jaundiced opinion of political life and the role of politicians in serving their needs today. That applies across the board and it is not only a reflection on Government, it reflects just as uncomfortably on members of the Opposition.

In terms of the proposition before the House, it would have been better if the Government had decided to continue, as scheduled, not to sit than to come forward with this proposition and the methodology it has employed. We need only look at what we are facing — the issues that are presenting here. Yesterday the Tánaiste and the Minister for Education and Skills announced curtailments in library services to schools in disadvantaged communities. We cannot get responses from specific Ministers. The Minister for Transport sitting beside the Tánaiste is not responding to parliamentary questions — I am sure this is not only my experience — on roads and public transport.

Deputies

Hear, hear.

The Minister for Health and Children does not take a serious interest in her portfolio responsibility and kicks everything to the HSE under health. It is now some four months later and we have not got responses to questions. That is a disgrace. Only two hours are being provided to deal with the Ryan report——

——against the backdrop of all we have highlighted here in recent weeks, namely, the State's failure to address the needs of children in State care, it having a disgraceful record and one that needs to be addressed substantively on the floor of this Dáil.

A chairde, this is a shameful proposition. It is one that not only the Opposition should reject this morning, the House should reject it. Accordingly, I ask that we unanimously say this is not worth what is being proposed; either the Government should come forward with a real schedule of work for the coming week or forget it.

Deputies

Hear, hear.

On the point of order, the Ceann Comhairle responded that he believes the House can vary the Order of Business for next week. I respectfully suggest to him that I do not see how it can do that, if there is no Order of Business at which the business of the House can be discussed

Deputies

Hear, hear.

Second, if there is no provision for the taking of a division or vote next week, that means that the House will be deprived of making a decision. I submit that this proposal is not constitutional. I suggest that at a minimum the Ceann Comhairle should adjourn the House to take some advice on it and to perhaps consult either party leaders or party Whips on the proposal.

I draw the Ceann Comhairle's attention to the fact that Deputy Stagg had proposed seven amendments to this motion from the Government this morning but it will not be possible to deal with those seven amendments individually because the Government proposes that the motion be taken as one question and be put without debate, which will deprive us of the opportunity of dealing with it.

I recommend that the Ceann Comhairle adjourn the House and take some advice on this. I submit to him, on behalf of the Labour Party, that the Government proposal before the House is not constitutional.

The position is that the House can vary the order next week by agreement of the House.

How can that be done?

The Members of the House are the masters of their own destiny in this matter. That is the decision. We are moving on.

We are a Parliament. We are elected here. We have rights and we will not be steamrolled.

The Ceann Comhairle is supposed to uphold those rights.

The Ceann Comhairle has said that the House can vary the order next week and that the House is the master of its own destiny. This motion removes the House's mastery of its own destiny and its discretion. There is no means under the motion the Government is proposing whereby the House can change the order. The motion sets down the business for next week without any provision or opportunity for that business to be varied. There will be no Order of Business, no votes and no Private Members' time. It is removing from the House from next week the discretion the House would have in a normal week's business. I put it to the Ceann Comhairle again that this is not constitutional and I ask him to protect the rights of the Members of this House by, at a minimum, adjourning the House and taking some advice on what I have put to him.

Deputies

Hear, hear.

We have long established precedents on this general area.

We do not have precedents for this.

The order of the House can be varied; it has happened in the past. I call the Tánaiste.

On a point of order, a Cheann Comhairle, at what time next week will provision be made for the order to be changed?

That is a matter for the House to decide.

If we submit a changed order on Wednesday, will the Ceann Comhairle provide an opportunity for that to be debated and decided? Will the Ceann Comhairle allow a challenge to next week's order to ensure the Dáil can decide whether it wants to proceed?

We are having that now.

No, we are not.

Will the Ceann Comhairle allow that next week?

We must have order in the House.

We need to know that.

The proposal for the order and the variation of it naturally comes from the Government side of the House.

At what point will that be decided next week?

So the Ceann Comhairle will not permit any order to be put.

There is a precedent where if a proposal is brought forward to vary the order of the House——

On a point of order, for the purposes of clarity, I put it to the Ceann Comhairle that next week he will continue to preside over this sham by advising the House that the matter was settled last Thursday.

We are not going to have a debate on this. I have ruled on it at this stage.

It is improper for the Chair to bow to the Government on this issue.

The Deputy will withdraw that remark. I am not bowing to Government pressure on this matter.

But the Chair is misleading the House.

Deputy Flanagan will withdraw that remark or leave the House.

On a point of order——

The Deputy will withdraw that remark or leave the House. I am giving the Deputy an opportunity to withdraw that allegation.

I will withdraw the remark on the basis that the Ceann Comhairle will advise me as to the circumstances in which he will allow for normal business to take place next week.

I am making the ruling on the basis of a long established precedent in the House——

With respect, I ask the Ceann Comhairle to cite the precedent for the benefit of Members of this House.

We will discuss it——

I ask the Ceann Comhairle to cite it.

On a point of order——

I call Deputy Shatter.

On a point of order, in regard to the advice the Ceann Comhairle gave to the House just now, and earlier——

Just before you came in.

At least he knows how to use modern technology.

I was watching the Members opposite making fools of themselves——

Deputy Shatter, address your remarks to the Chair, please.

——undermining the power of this House on the television screens.

Deputy Shatter, will you address your remarks to the Chair, please.

I am surprised to see the Deputy here on a Thursday.

At least he was working.

In regard to the Ceann Comhairle's advice to the House, that the House can vary this order next week, I point out that if there is a proposal to the House next week to vary the order, based on the order we are accepting today, a vote on that proposal would be postponed until the following week. If we waited to the following week to vote on it we then have to, by way of political groundhog day, turn back the week we missed.

I understand the Ceann Comhairle is trying to guide the House.

If I may explain to the Ceann Comhairle, what he stated to the House is completely unworkable by virtue of the order now being adopted. Any change proposed to this order next week, or any vote on it, will be transferred to the following week. It is the intention of the Government to castrate the powers of this House and render every Member on this side politically impotent.

Deputy, you have gone long past the point of order. I advise the Deputy the House has it within its power to order a vote on the variation next week.

(Interruptions).

No, because this order is postponing a vote.

I call Deputy Stagg.

A Cheann Comhairle, you are wrong——

Deputy, resume your seat, please.

No wonder Dr. Paisley left.

I thank the Ceann Comhairle for his ruling that the House can vary the order next week.

It is all very funny for the Tánaiste and the Minister forTransport.

I ask him to clarify that, so that there will be no doubt about it. Next Wednesday when the Dáil meets, I intend to propose that there be an Order of Business, Questions to the Taoiseach and votes taken on any issue where there is a division. Is the Ceann Comhairle now telling me and the House that will be in order and be voted on? If that is not the case——

Deputy Stagg, if you were a member of the Government making the proposal, representing the Government's point of view, you would be in order in doing so.

A Cheann Comhairle, they will not be here.

They will be on their holidays.

Resume your seat. I call the Tánaiste.

(Interruptions).

Deputies, resume your seats, please.

(Interruptions).

When I made that suggestion I was told to withdraw the remark. In effect, the Ceann Comhairle is——

I call the Tánaiste.

(Interruptions).

A Cheann Comhairle——

(Interruptions).

Deputies, please. Deputy Michael D. Higgins, I have called the Tánaiste.

A Cheann Comhairle, molaim an rún.

Tá go maith. I am putting the proposal.

(Interruptions).

The question is, "That the proposal for dealing with Nos. 10b and 10c, Electricity Regulation (Amendment) (Carbon Revenue Levy) Bill 2010; financial resolution; and motion re sittings and business of the Dáil without debate be agreed to”.

Question put: "That the proposal for dealing with No. 10b and No. 10c, without debate, be agreed to.”
The Dáil divided: Tá, 78; Níl, 72.

  • Ahern, Bertie.
  • Ahern, Dermot.
  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Andrews, Chris.
  • Aylward, Bobby.
  • Blaney, Niall.
  • Brady, Áine.
  • Brady, Cyprian.
  • Brady, Johnny.
  • Browne, John.
  • Byrne, Thomas.
  • Calleary, Dara.
  • Carey, Pat.
  • Collins, Niall.
  • Conlon, Margaret.
  • Connick, Seán.
  • Coughlan, Mary.
  • Cowen, Brian.
  • Cregan, John.
  • Cuffe, Ciarán.
  • Curran, John.
  • Dempsey, Noel.
  • Dooley, Timmy.
  • Fahey, Frank.
  • Finneran, Michael.
  • Fitzpatrick, Michael.
  • Fleming, Seán.
  • Flynn, Beverley.
  • Gogarty, Paul.
  • Gormley, John.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Healy-Rae, Jackie.
  • Hoctor, Máire.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kenneally, Brendan.
  • Kennedy, Michael.
  • Killeen, Tony.
  • Kitt, Michael P.
  • Kitt, Tom.
  • Lenihan, Conor.
  • Lowry, Michael.
  • McEllistrim, Thomas.
  • McGrath, Mattie.
  • McGrath, Michael.
  • McGuinness, John.
  • Mansergh, Martin.
  • Martin, Micheál.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M.J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Brien, Darragh.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Donoghue, John.
  • O’Flynn, Noel.
  • O’Hanlon, Rory.
  • O’Keeffe, Batt.
  • O’Keeffe, Edward.
  • O’Rourke, Mary.
  • O’Sullivan, Christy.
  • Power, Peter.
  • Power, Seán.
  • Roche, Dick.
  • Ryan, Eamon.
  • Sargent, Trevor.
  • Scanlon, Eamon.
  • Smith, Brendan.
  • Treacy, Noel.
  • Wallace, Mary.
  • White, Mary Alexandra.

Níl

  • Allen, Bernard.
  • Barrett, Seán.
  • Behan, Joe.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Burke, Ulick.
  • Burton, Joan.
  • Byrne, Catherine.
  • Connaughton, Paul.
  • Coonan, Noel J.
  • Costello, Joe.
  • Coveney, Simon.
  • Crawford, Seymour.
  • Creed, Michael.
  • Creighton, Lucinda.
  • D’Arcy, Michael.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • English, Damien.
  • Enright, Olwyn.
  • Feighan, Frank.
  • Ferris, Martin.
  • Flanagan, Charles.
  • Flanagan, Terence.
  • Gilmore, Eamon.
  • Hayes, Brian.
  • Higgins, Michael D.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Kenny, Enda.
  • Lynch, Kathleen.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McGinley, Dinny.
  • McGrath, Finian.
  • McHugh, Joe.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Naughten, Denis.
  • Neville, Dan.
  • Noonan, Michael.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Donnell, Kieran.
  • O’Dowd, Fergus.
  • O’Keeffe, Jim.
  • O’Mahony, John.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • O’Sullivan, Maureen.
  • Penrose, Willie.
  • Perry, John.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reilly, James.
  • Ring, Michael.
  • Shatter, Alan.
  • Sheahan, Tom.
  • Sheehan, P.J..
  • Sherlock, Seán.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Tuffy, Joanna.
  • Upton, Mary.
  • Varadkar, Leo.
  • Wall, Jack.
Tellers: Tá, Deputies John Curran and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.

How could that be changed next week?

The Taoiseach should hang on, there might be another vote.

Is the proposal that the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 9 June 2010 agreed to?

No. The Taoiseach should come back.

Perhaps he should bring his party with him when he leaves.

Let them go fully.

The Taoiseach is heading the wrong way.

It is not appropriate for the Taoiseach of the country to walk out of the Dáil when his Government——

He is off to speak to Senator Ivor Callely.

——proposed that this House should come back for a day and half next week. It is a sham, charade, whitewash and abdication of responsibility. There will be no Question Time, Leaders' Questions, Adjournments or votes of any kind.

Last September, the Fine Gael Whip agreed to no sitting at all for next week.

Deputy Kenny, without interruption.

That is right. He was happy enough not to have a sitting when they agreed the calendar last September.

It might be fine for the Ministers.

This is an hypocrisy.

It might be fine for them to smirk away over there but when the people of this country were in the middle of a winter freeze, the Minister, Deputy Dempsey, was in Malta and said he would stay there.

That is the truth. Where was the Deputy?

I will tell you where I was.

I was with my people——

He was in Castlebar.

Deputy Ring is everywhere.

——in Castlebar, County Mayo.

Deputy Kenny should address his remarks through the Chair.

He was keeping an eye on Ring.

If this Government thinks it can come here with this level of arrogance and contempt for the people, the Parliament and the Dáil and the issues we have to discuss, it has another thing coming. As Chairman of this assembly, the Ceann Comhairle must understand that if the Order of Business as proposed for next week is not changed, there will be very little business conducted in this House.

We are awaiting publication of two serious bank reports and this country is in hock to what was allowed to happen with regulations not being implemented or supervised by the Government. There is an ongoing issue on the high seas, where a humanitarian ship headed for Gaza may well be intercepted with serious consequences involving Irish citizens. The Government wants the House to return but there is no mention of any accountability or a right to ask questions. Regarding the HSE, children in care are vulnerable and cannot speak about it.

The VHI is up for sale——

What about Quinn Insurance?

——without European authorisation. There is a series of issues, not to mention the Wildlife (Amendment) Bill of the Minister of State, Deputy Finneran, and the would be Minister, Deputy Mattie McGrath. Other issues are to be put to the House, including the children's referendum——

This is not a catch-up occasion.

——and all of the other issues that need to be discussed.

Please, could we have some co-operation from the Deputy?

If the Fianna Fáil Party believes it can continue to act in this way,——

Call an election.

——it has reached a breathtaking level of arrogance in the way it treats this Parliament.

Deputies

Hear, hear.

It reverts to what the previous Taoiseach stated.

We are still on the Order of Business.

He stated that Fianna Fáil's ethics were to get into and stay in government.

We are stuck here.

The Government does not want to answer questions.

We are on the Order of Business.

It does not want to deal with issues of accountability. It wants to walk away——

——and give two fingers to the people, the Parliament and the questions that need to be answered. The Government would lose nothing by having a normal day's business next week with Leaders' Questions, questions to the Taoiseach, Adjournment debates, Private Members' motions and being able to vote on issues. I ask the Government not to treat next Wednesday and Thursday as some kind of Friday sitting during which anodyne statements are made. This is a serious time in our country's development.

It is about legislation.

It is a serious time for the more than 400,000 people on the live register. It is a serious time for those in negative equity. It is a serious time for a generation of young people staring emigration in the face. The Government refuses to have anything to do with serious politics in terms of answering questions and being accountable.

We agree on the importance of the Ryan commission, but the Tánaiste, as the Deputy Head of Government, has nothing to lose by having a normal day's business in the Dáil, which would involve the commencement, Leaders' Questions, ordinary questions, Adjournment debates, motions and votes.

The Deputy has had ample opportunity to make his point. Will he give way to Deputy Gilmore?

I do not know what the Government has to hide or of what it is afraid. When I get the nation through the door——

(Interruptions).

I see the appeal from the party that says——

If Deputy Kenny does not desist——

——it is always eager to add to the party's archives realising that what it does now will matter for generations to come. Well, it does matter and it matters now.

Will Deputy Kenny resume his seat?

(Interruptions).

I charge the Tánaiste with abdication of responsibility and a clear reticence to have an ordinary day's business.

(Interruptions).

I will suspend the House if the Deputy does not resume his seat.

Suspend the House. Suspend the whole thing.

The Ceann Comhairle might as well close it down.

Sitting suspended at 11.25 a.m. and resumed at 11.35 a.m.

We will resume on the Order of Business.

A Cheann Comhairle, I would like to say the following. You adjourned the House for a ten minute period. I see no reason the Government should not have normal Dáil business next Wednesday and Thursday, and I have made that point vociferously. I find it regrettable that the Taoiseach walked out of the Chamber after the vote was taken. This is about his Government proposing that there be no effective accountability in the Chamber next Wednesday and Thursday, beyond the listed legislation, which is important in respect of the Ryan report statements. However, there should be normal accountability in the way we do business here.

I have made my point vociferously. I say to the Tánaiste directly that I see no reason the Government has chosen this attitude. Somebody on that side said "Let them hang", so that we will have an anodyne day where Ministers do not need to attend and where Government Deputies will not be forced to vote, as the motion proposed by the Government does not allow for that.

We saw the live register figures yesterday for the past month. There are 6,600 more people on the live register, meaning that there are about 440,000 people out of work. That does not include all those who have emigrated. Instead of having a normal week's business next week, Ministers are going on holidays and presenting us with a day and half's business in the House, beginning at 2.30 p.m. on Wednesday. When the Opposition party leaders object to that, as we have done this morning, the response of Ministers right across that front bench is to laugh. They are laughing at the people. Have they not done enough damage to the country without now laughing at the people and taking themselves off on holidays next week instead of coming in here for a normal week's business?

When we finish the Order of Business the plane will be gone.

A Cheann Comhairle, I regret that you put the earlier motion before we had satisfactorily concluded the issues I raised with you. You said that the House will be able to vary the Order of Business next week. I want you to tell us how we will do that. We will not have any Order of Business, any vote, or any Private Members' business, so how are we going to change the Order of Business next week? I will want it changed next week and I am going to take you at your word.

The ruling is made on the basis of precedent that has been long established in the House.

I have already ruled on it.

I do not care about that. It is the outcome——

You said we could change it.

The opportunity is there and we are not going to debate it now. The ruling was made on the basis of long-established precedent in the House.

That is fine. It is the outcome that concerns me. When I raised the issue and drew your attention to the Constitution and to what was in the motion, you told us that we would be able to vary the Order of Business for the House next week. I am going to keep you to that. You figure out how to do it, because we want the Order of Business varied for next week. We want a normal week's business here next week, whereby we will be able to put questions, have votes on issues and do normal parliamentary business. It is the Ceann Comhairle's problem now; he made the ruling but in doing so he told us we could vary the order next week and that the House was the master of its own destiny. He must figure out how we will do so.

It has to be tested.

I am putting it to the test.

As far as this proposal to adjourn until 2.30 p.m. next Wednesday is concerned, the Labour Party opposes it. If we are going to have an anodyne week it might as well start on Tuesday as Wednesday.

"The Members of the House are the masters of their own destiny" was the Ceann Comhairle's phraseology yet after some questioning it became apparent that there is only one set of masters here and that is majority Government rule. The rest of us have no say. I fully concur with the previous speaker's point that the Ceann Comhairle has placed on the record an opportunity to alter the proposed structure of the one and a half day sitting of next week and one of the areas that I certainly want to see changed by whatever means is the provision of two hours to address the implementation of the recommendations in the Ryan report. That is incredible; two hours to address a subject that we have been urging and demanding for several weeks on the first anniversary of the publication of that report. It is unacceptable that only two hours of debate are to be provided. All of the other issues aside, it is the single most important matter that is to be addressed and yet the opportunity is such that a great number of Deputies who will have important and useful contributions to make will not have that opportunity. It does not come anywhere close to what is required.

Humour is fine but there was nothing at all humorous in the Opposition's efforts this morning to put forward salient arguments for why the proposed ordering of business next week was unacceptable. I do not believe that the 439,000 unemployed people and their dependent families will view any of this as humorous. It is nothing of the kind.

While we are told a whole range of things that will not happen next week, we are not told whether there will be a Cabinet meeting. I understand the Cabinet meets every week.

There will be two.

On what days will they take place?

They will be here but they will not come in. They will be in their little foxholes.

Will the Cabinet be meeting on Tuesday?

It is unforgivable that the Government will not come in.

Why not be accountable?

In that case, what is the sense in ordering business to commence at 2.30 p.m. on Wednesday the week of a bank holiday? The bank holiday is on the Monday; it is not on the Tuesday or Wednesday morning. I have no doubt there are some honourable souls on the Government benches who would be willing, available and ready to present here as normal next Tuesday. If the Cabinet is to meet next week, will all the Ministers be in attendance? If so, let us put that to the test. Opposition voices are saying the Ministers will all be away on holidays. Present here at 2.30 p.m. next Tuesday, not on Wednesday, to commence a proper week's business on the floor of the Dáil. That will be the litmus test. If the Cabinet is meeting, let Ministers be present here and not in a closed room in Government Buildings or wherever it meets——

Deputy Ó Caoláin let us remember we are on the Order of Business. It is 11.45 a.m. and we are still on the Order of Business.

We will have no Order of Business.

Let us present on the floor of this House and let us have the opportunity to see exactly who is here and who is not here.

This further proposition not to resume business until 2.30 p.m. next Wednesday is unacceptable. The proposition should be that we meet at 2.30 p.m. next Tuesday and that is what Sinn Féin is proposing. That is our amendment to what is proposed. Surely the Government can have no objection if the Cabinet is already committed to meeting on that day.

Some of them have gone already.

That is what we need to decide. Will the Ceann Comhairle accept that amendment and put it to the House first? I move that we meet next Tuesday at 2.30 p.m. and allow the business of the House to continue as normal as any other week's sitting.

I will put the question now.

On a point of order——

The question is that——

On a point of orde——

——the Dáil is rising today——

On a point of order——

That is disgraceful

——to adjourn until 2.30 p.m. on Wednesday, 9 June 2010 be agreed to.

Question put.
The Dáil divided: Tá, 77; Níl, 68.

  • Ahern, Bertie.
  • Ahern, Dermot.
  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Andrews, Chris.
  • Aylward, Bobby.
  • Blaney, Niall.
  • Brady, Áine.
  • Brady, Cyprian.
  • Brady, Johnny.
  • Browne, John.
  • Byrne, Thomas.
  • Calleary, Dara.
  • Carey, Pat.
  • Collins, Niall.
  • Conlon, Margaret.
  • Connick, Seán.
  • Coughlan, Mary.
  • Cregan, John.
  • Cuffe, Ciarán.
  • Curran, John.
  • Dempsey, Noel.
  • Dooley, Timmy.
  • Fahey, Frank.
  • Finneran, Michael.
  • Fitzpatrick, Michael.
  • Fleming, Seán.
  • Flynn, Beverley.
  • Gogarty, Paul.
  • Gormley, John.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Healy-Rae, Jackie.
  • Hoctor, Máire.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kenneally, Brendan.
  • Kennedy, Michael.
  • Killeen, Tony.
  • Kitt, Michael P.
  • Kitt, Tom.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • Lowry, Michael.
  • Mansergh, Martin.
  • Martin, Micheál.
  • McEllistrim, Thomas.
  • McGrath, Mattie.
  • McGrath, Michael.
  • McGuinness, John.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M.J..
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Brien, Darragh.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Donoghue, John.
  • O’Flynn, Noel.
  • O’Hanlon, Rory.
  • O’Keeffe, Batt.
  • O’Keeffe, Edward.
  • O’Rourke, Mary.
  • Power, Peter.
  • Power, Seán.
  • Roche, Dick.
  • Ryan, Eamon.
  • Sargent, Trevor
  • Scanlon, Eamon.
  • Smith, Brendan.
  • Treacy, Noel.
  • Wallace, Mary.
  • White, Mary Alexandra.

Níl

  • Barrett, Seán.
  • Behan, Joe.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Burke, Ulick.
  • Burton, Joan.
  • Byrne, Catherine.
  • Connaughton, Paul.
  • Coonan, Noel J.
  • Costello, Joe.
  • Coveney, Simon.
  • Crawford, Seymour.
  • Creed, Michael.
  • Creighton, Lucinda.
  • D’Arcy, Michael.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • Enright, Olwyn.
  • Feighan, Frank.
  • Ferris, Martin.
  • Flanagan, Charles.
  • Flanagan, Terence.
  • Gilmore, Eamon.
  • Hayes, Brian.
  • Higgins, Michael D.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Kenny, Enda.
  • Lynch, Kathleen.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McGinley, Dinny.
  • McGrath, Finian.
  • McHugh, Joe.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Naughten, Denis.
  • Neville, Dan.
  • Noonan, Michael.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Donnell, Kieran.
  • O’Dowd, Fergus.
  • O’Mahony, John.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • O’Sullivan, Maureen.
  • Penrose, Willie.
  • Perry, John.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reilly, James.
  • Ring, Michael.
  • Shatter, Alan.
  • Sheahan, Tom.
  • Sheehan, P.J.
  • Sherlock, Seán.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Tuffy, Joanna.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies John Curran and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.

I think it is unsatisfactory that the Government can come in here——

Deputy Flanagan, resume your seat.

On a point of order, Ceann Comhairle in the course of earlier exchanges I withdrew remarks which were directed at the you, namely, that you were bowing to Government but you indicted that you were acting in accordance with precedent. I would have thought that you might have availed of the ten minute suspension to find the precedent and quote it to the House.

Deputy Flanagan, you will resume your seat and we are moving on.

I have been tabling questions, as have Members of this House, to various Ministers——

Deputy Flanagan, will you resume your seat?

——since last Christmas where there is a repeated refusal on the part of the Ministers to answer questions.

If you are dissatisfied with my decision, you have the option of tabling a motion. We are moving on.

We are not moving on.

Deputy, you will resume your seat. We are moving on.

I am not satisfied. I did not get to my point of order at all yet.

I have adjudicated on the matter and we are moving on. If you are not satisfied with the decision, bring forward a motion.

I am asking you to deal with a point of order, which is my entitlement under Standing Orders. I will be brief. In the course of those exchanges, you indicated to me further, while neglecting to quote the precedent, that it is possible for this Dáil to vary or change the order. Since you made that statement, the Dáil has voted and decided to set aside Standing Orders 21 and 26 in regard to next week's business. I am asking you, Ceann Comhairle how, or by what means, can we, as Members of this House or as political groupings in this House, vary the order, in view of the fact that we have voted, under your stewardship, that the taking of any division should be postponed until next week? We have also discarded in its entirety the Order of Business for next week.

Deputy Flanagan, I told you I have ruled on the matter. We are moving on.

I told you the precedent was there for the variation.

I think it is unsatisfactory that Government can come in here and railroad the business of the House in the manner in which it has.

Deputy, you will resume your seat. We are moving on.

I have been tabling questions, as have Members of this House, to various Ministers since last Christmas, where there is a repeated refusal on the part of Ministers to answer questions.

Deputy, I have indicated to you that I have ruled on the matter and that is it. We are moving on.

I call Deputy Bruton on the Order of Business.

You indicated to the House earlier, a Cheann Comhairle that, as I thought, only the Government could change the order next week. You then went on to say that the House is at its own disposal and we can make our decision. The truth is the House will assemble next week and the Government will not be here. It will be having its Cabinet meeting and will be absent.

Deputy, you know the Government of the day proposes and the House then disposes.

They will have one Minister here. There will be no opportunity——

We are moving on.

There will be no opportunity for the Dáil to deliberate on an Opposition motion as to whether the House should change its business. What you are doing is muzzling the Dáil. You did not hear Deputy Flanagan's request for a question about the order when a vote was not yet taken.

Deputy, you know we are in a filibuster mood this morning on the Order of Business. I am not going to allow it.

You closed down the opportunity for a Member to make a legitimate point of order.

Deputy, resume your seat, please.

No, I want to complete my point first.

Resume your seat.

It is not the Fianna Fáil Party's decision to make.

There was an indication that the Tánaiste was not going to accept the motion as we had offered it. Deputy Flanagan rose to make a point of order, as was his right, and you refused to recognise him. That was not fair procedure to this side of the House.

Deputy, you are a long-time Member of this House.

Yes, and I am used——

You know the procedure.

——to the rights of all Members being respected by the Chair.

I wish to raise two matters, both of which are points of order. The first is that Members of this House are entitled to make a point of order. With respect, a Cheann Comhairle, you must take the point of order and hear it. I appreciate that there has been a bit of ruaille buaille in the course of the——

Points of order when there is disorder in the House are out of order.

A Deputy

That is not disorder.

The Deputy can continue.

The second point of order I am raising is that the motion which the Government has presented about next week's business has not yet been voted on. There are some questions which I wish to put to you, in your capacity as Chair of the House and the holder of the office to protect our rights here as Members. In the course of the earlier exchanges, you told us that the House was master of its own destiny and that if the motion was passed we could still vary the Order of Business for next week.

I would like the Ceann Comhairle to tell us how we may do that.

We all want to know.

I want to vary the Order of Business for next week and I will be proposing to do so at 2.30 p.m. next Wednesday. If the motion we will shortly be voting on is passed and there is no Order of Business, I would like the Ceann Comhairle to tell me what opportunity I will have to propose that the Order of Business be varied. If there is no Standing Order 32, what opportunity will I have to ask that the business of the House be set aside to discuss another matter? If there is no Private Members' business, how may I, as an Opposition Deputy, make a proposal on any matter?

Or Adjournment debate.

If there is no Adjournment motion, how will I get a response from a Minister to my questions? If there are no oral questions, how can I put a question to a Minister on matters of importance? In any event, how will the House decide on these issues if we do not have an opportunity to divide?

I noted earlier there are provisions in the Constitution to deal with these matters. I put it to the Ceann Comhairle that he is required to rule on constitutional provisions as they apply directly to the House. When I asked him to rule on this, he cited precedent but assured the House that we would still be able to vary the business for next week. I want him to tell us how we may do so if the motion is passed.

The Deputy knows next week will be Government time. At all times, the Government proposes and the House disposes.

That is not so.

That is the way it is.

There is no proposal next week.

It is not good practice.

It is on that basis that the ruling is made.

It may surprise the Ceann Comhairle but we are not a one-party State.

We have a Whip system. We have a consultation process among the Whips and if the Government of the day——

Talk to the Whips.

——whether today or whenever, brings in a proposal to vary the order——

On a point of order——

We are moving on.

On a point of order——

I have ruled on the matter and we are moving on. I call Deputy Kehoe on a point of order.

Did I mishear the Ceann Comhairle? He said there was consultation with the Whips. There was no consultation on this.

We spoke about this in September.

We were told——

It was agreed last September.

We are being steamrolled.

With the by-election.

Deputy Kehoe is not raising a point of order.

It is a point of order.

It is not a point of order. We are simply moving on.

The Ceann Comhairle will move on when I am finished.

The Deputy should make the point he wishes to make.

We are being steamrolled on this.

It was agreed last September.

Where is the by-election?

Deputy McEntee, please.

There was no consultation with the Whips on this matter. We were told yesterday evening what the business would be for next week. Our points of view were not even heard. If the Government had listened to us, we would not have this charade this morning because next week would be a proper sitting week.

Deputy Kehoe is the charade.

What is happening this morning——

It is the normal procedure and the House proceeds on that basis.

This is no normal procedure.

We are moving on. The Deputy has made his point.

What is happening this morning is an absolute joke.

Is Deputy Edward O'Keeffe in a hurry home?

I have work to do.

I have raised——

Perhaps we will have a contribution on green Dáil reform from Deputy Gogarty. We should give him a stage.

At least I do not wear Spocky ears.

Could we have silence for the Deputy in possession?

I have put what I think are reasonable points of order to the Ceann Comhairle and I asked him to rule on them. I find his response quite interesting. I challenge his interpretation that the Government proposes and the House disposes. We are not a rubber stamp. Every Member of this House has rights, some of which allow us to make Private Members' proposals.

Even backbenchers.

We are normally allowed to ask questions and make Adjournment requests. The effect of the proposal before the House would be to stand down for the entirety of next week the rights of every Member of this House.

Deputies

Hear, hear.

That is not acceptable. The Ceann Comhairle spoke about precedent. That will fundamentally change the relationship between Government and Parliament. It is not the case, and I will oppose the assertion, that the way the Parliament works is through the Government proposing and the House disposing. We have rights here.

This is not the House of Commons.

We have rights as individual Members and as representatives of Opposition parties. It is the Ceann Comhairle's responsibility to defend these rights and to be fair to every Member of this House. The proposed motion, which apparently must be taken without debate, will in effect stand down the rights of Deputies. It is the Ceann Comhairle's job to defend our rights, ensure that every Member is treated fairly and prevent the Government from using its parliamentary majority to stand down the rights of the Members of this Parliament. It can use its majority and I will accept defeat where it proposes Bills or appropriate measures, but it is unconstitutional of the Government to use its parliamentary majority to stand down the rights of Members of this Parliament.

Deputies

Hear, hear.

For the benefit of the House, as Ceann Comhairle, I am the presiding Member whose role is neutral. I cannot act on behalf of one side of the House over the other.

He did when there was a draw.

Standing Orders and rules of the House set down the relationship between Government and Opposition Members. That is a long-established precedent. We are moving on.

On a point of order, the point I made earlier was simple and could have been of assistance to the Ceann Comhairle. The Government indeed proposes our business and we vote on it, but the Government does not, for example, own Standing Order 32. Requests under this Standing Order have only been granted two or three times but it enables Members in assembly to decide whether to respond to urgent matters requiring attention. No Government has the right to stand down the Standing Order that enables the Parliament in assembly to address a matter it regards as urgent. The Ceann Comhairle has been given lots of examples of what may be urgent next week.

Deputy Higgins——

There is no precedent.

——is going to open up a debate.

We have a structure in this House for varying Standing Orders.

I am aware of that.

The Deputy's party has Members who sit on that group.

I respect the Ceann Comhairle's judgment——

Deputy, please, we are moving on.

There is no precedent that enables the Ceann Comhairle to allow the Government to quench the capacity of Standing Order 32.

This is not a Fianna Fáil Parliamentary Party meeting.

On a point of order, when did this happen before? I ask the Ceann Comhairle for the third time to quote the precedent.

We are not going to have a debate on that.

These are not the dying days of the Weimar Republic.

We will not debate the issue now.

This is an assembly of Members. Everybody here is elected to this House. The Government is suspending the business for next week.

Deputy Flanagan's party has a representative on the Committee on Procedure and Privileges and they are quite willing to raise it at that level.

This is not Weimar; it is the Irish Republic and the Ceann Comhairle is the Chair of this assembly.

Arising from the point made by Deputy Higgins, I foresaw that we would come to this juncture.

Over the past six months, we were gradually coming to it. The Ceann Comhairle can do something about it, however. The Opposition believes the Government has put him in an invidious position because of the manner in which they are standing down the Order of Business for next week. In order to uphold his own independence, he has the right to tell the Government that it is placing him in a very difficult position.

Deputy Durkan——

This is particularly relevant given that he comes from a Government party.

——is indulging in argument.

I am not indulging.

He knows I do not have the right to do that.

We have been systematically shut down over the past six months.

We have a wall of secrecy and silence.

The Deputy is spreading disorder in the House and I will not tolerate it.

No, I am not. I call on the Ceann Comhairle to restore order.

If the Deputy does not resume his seat, I will ask him to leave the House.

In that case, the Ceann Comhairle can ask the entire Opposition to leave the House.

Will the Deputy please resume his seat and allow the Order of Business to proceed?

We cannot get a word in edgewise with the antics of Deputy Durkan.

This has gone on for long enough. It is totally unacceptable.

Will the Deputy resume his seat?

Is it the Ceann Comhairle's intention to throw out all of us?

It is my intention to expel the Deputy if he does not resume his seat.

Will he expel all Deputies on this side of the House?

I ask the Deputy to resume his seat, please.

Will the entire Opposition be expelled from the House?

Deputy Durkan will leave the House.

This is a disgrace and it has gone on for too long. You, a Cheann Comhairle, should ensure the Opposition gets a fair deal.

The Deputy is a suspended Member of the House.

A division will be necessary next week.

Deputy Durkan will be in the House all next week.

Deputy Bernard Durkan withdrew from the Chamber.

I will try to help the Ceann Comhairle as he is in a spot. This problem would be solved if he were to inform the House how we will be able to order business next week.

We will move on. I call Deputy James Reilly on the Order of Business.

On a point of order, will the Ceann Comhairle find out for Members of the House what it is about the content of the two reports into banking which disclose the level of Government incompetence in the matter that has rendered the Government scared to come into the House to answer questions and be accountable to the House?

That is not a point of order.

It is not a coincidence that the House is being muzzled in the week the Cabinet is considering these two reports. It is the week in which the reports are due to be made public and the Government wants to control the media in the manner in which they cover the reports.

I ask the Deputy to resume his seat.

Perhaps the Ceann Comhairle will suspend Deputy Shatter as well.

The Ceann Comhairle and I have been in this House for a long time.

The elder statesman speaks.

Before taking up the post he currently occupies, Deputy Kirk was chairman of the Fianna Fáil Parliamentary Party. When he moved to his current position he took on new responsibilities, one of which was to uphold the constitutional integrity of this assembly. This is not a one party State and the Ceann Comhairle, on behalf of all Members of the House, could have said, when the Order of Business was proposed by the Government Chief Whip without the agreement of the Whips, that elements of it were unacceptable as they infringed the rights of Members.

I do not have such a right.

You could have done so, Sir, and by refusing to exercise the authority that is implicit in your office, you have demonstrated that you are unashamedly partisan in favour of the Government side of the House.

Deputy Quinn knows I do not have such a right.

This is not a slightly constitutional Republic, as some former members of the Fianna Fáil Party would have it.

We will move on to Second Stage of a Private Members' Bill, the Proceeds of Crime (Amendment) Bill 2010. I call on Deputy Pat Rabbitte to seek leave to introduce the Bill.

Am I not entitled to ask the Tánaiste questions on the Order of Business? In the context of the presence of the Minister for Finance, I ask the Tánaiste to indicate what are the arrangements for the publication and making available to Opposition spokespersons of the contents of the two reports on the banking inquiry. I was astonished, on opening the Irish Independent this morning, to find Mr. Fitzpatrick, who has featured in the affairs of the destruction of the economics of the country and Anglo Irish Bank, declaring on the front page that his day will come and that he will be able to speak freely and will be cleared of all wrongdoing. Has Mr. Fitzpatrick been given a copy of the reports which have not been given to the House and Opposition spokespersons?

This is not a mini Question Time. The Deputy is out of order.

I am not out of order. Three Ministers are speaking among themselves. I have been told by the Chairman of the Committee on Finance and the Public Service that Mr. Regling and Mr. Watson will come before the committee on Friday but I have no arrangement——

The date is Friday week.

The Minister for Finance, whose presence I welcome, is obviously willing to speak.

There is no provision to have a debate on the matter on the Order of Business.

There is no indication from the Government——

The Deputy can raise the matter when the committee meets. She is completely out of order.

I am not out of order.

The Deputy is showing serious disrespect to her colleagues.

It was a motion of the House that provided for the two scoping reports. The motion was submitted by the Government with an agreement that the House would be able to debate the reports. I am asking a question that is perfectly in order, namely, whether the Tánaiste will indicate when the two reports will be made available to me, as the Labour Party spokesperson on finance. The reports have been with the Government for three or four days.

I note from the front page of the Irish Independent this morning that one of the people who has been most closely involved in the destruction of this economy, Mr. Fitzpatrick, formerly of Anglo Irish Bank, has declared that he will have his day and will be found not guilty, as it were, of any wrongdoing.

He will have his day in court.

Has Mr. Fitzpatrick been given a copy of the report? When will the report be made available to the Opposition?

We are endeavouring to obtain the information the Deputy seeks. I call the Tánaiste.

Will we receive the reports on Friday in the committee rooms?

I, too, have rights in this House.

The Government is denying the rest of us our rights.

The position with the banking documents is that they will be considered by the Government on Tuesday and published thereafter. The committee will meet on Friday week to allow——

This is, therefore, a case of news management.

Members of the committee will have an opportunity to verse themselves in preparation for their discussions on Friday week.

Will all Members of the House receive a copy of the report?

(Interruptions).

The motion by the Government was through the House. The agreement was that this matter would come before the House. Will the Tánaiste comment on——-

This is not a mini Question Time. Deputy Burton has received a reply to her original query and should resume her seat.

Will the Government give us a copy of the reports?

Will the Deputy please resume her seat?

The Government has not seen the reports.

What has it been doing with the reports since receiving them on Tuesday?

Deputy Burton must resume her seat.

When the National Asset Management Agency takes over various lands, will such lands qualify for payments under the REP scheme?

(Interruptions).

My question is not meant to be funny.

The Deputy should table a parliamentary question.

I will do my best to help the Ceann Comhairle.

The Deputy will not be able to table a question next week.

Will NAMA draw REPS payments on the lands it acquires?

That is a trick question.

I call Deputy Enda Kenny.

The Ceann Comhairle has ruled Members out of order on a number of occasions this morning. As he has now moved on to the Order of Business proper, I contend that he is out of order. Will I explain the reason?

The Deputy is holding up the House.

The Order of Business states that in the case of No. 10c, relating to the sittings and business of the Dáil, the matter shall be decided by one question which shall be put from the Chair. The Ceann Comhairle did not put the question to the House as to whether the arrangements and business for next week were agreed. In moving on to the Order of Business proper you, Sir, have exceeded your authority and are out of order.

I have not exceeded my authority.

You are out of order, a Cheann Comhairle.

We have not voted on the question.

Does the Ceann Comhairle accept that he is out of order?

I call Deputy McCormack.

When will the very important climate change Bill come before the Dáil? It is promised to take place before the summer recess and was promised on several occasions. Is it the Government's plan to take it at all?

The Minister is working on that legislation, but I am not in a position to say when it will be available.

On a point of order, I wish to clarify the position on the Government motion. We have debated and voted on it being taken without debate. However, the motion still has to be put to the House.

After the Order of Business.

How can the Ceann Comhairle allow the Government to take seven specific separate amendments together as one question with the motion? How in the name of God could he have done that?

Deputy please, we will get to it.

The horse has bolted now.

I call Deputy Reilly.

A Ceann Comhairle, did you rule——

We will be dealing with the matter later.

A Ceann Comhairle, did you rule that we have to vote on the motion yet?

Can you be clear in your answer to us?

This is normal business in the House. I call Deputy Reilly.

It is not normal business of the House to have this type of procedural motion. Can you clarify that we will vote on the motion?

We will be taking it after we finish with the Order of Business.

It can be taken next Wednesday if you like.

I move that it be taken next week.

We will be putting the question. I call Deputy Reilly.

Today we learned that 60 beds are to be closed in the Mater Hospital. A few weeks ago 52 beds were closed in Beaumont Hospital. Surgical wards in Cavan are being shut down. I learned today of a woman in her mid-40s who was seen in the accident and emergency unit of Beaumont Hospital. She has a very serious heart complaint that puts her at risk of a heart attack. She was there for two days and was told she needed to be admitted.

What legislation is relevant to that?

She was sent home with a promise of an early appointment. She will not be seen until 13 August. This health service is broken.

The Deputy knows we are on the Order of Business.

I am dealing with promised legislation, No. 63 eligibility for health and personal social services Bill. What is the point of having such a Bill on the Clár when it is very clear that people's entitlements are not being met, that people's health is not being looked after and that people are being put at risk needlessly?

We cannot have a debate here.

There is no date for that legislation.

The Tánaiste was recently in my constituency to open a library and she told the librarian and the community in that constituency that they should have no fear and that the jobs were in place next year. Given that——

Deputy, please.

I have not spoken in the past two hours; I will have my say.

You will, subject to authority of the Chair. There are certain things that are allowed on the Order of Business.

I have waited patiently to have my say.

This matter can be the subject of a parliamentary question.

Given that the Government will not allow me to ask questions to be answered next week and I will have no opportunity to table a motion on the Adjournment and no opportunity for priority questions, can the Tánaiste please explain why her Department is now sacking 40 librarians in some of the poorest schools in the country? How can she justify this given that two weeks ago she told librarians in my constituency that those jobs were safe?

She made a mistake.

The Deputy should table a motion on the Adjournment.

I concur with the points made by Deputy Brian Hayes. The 30 most disadvantaged second level schools in the country have libraries with librarians. We know from the research that——

This is out of order on the Order of Business.

—— project has made an appreciable difference to tackling literacy problems.

The Deputy should submit a parliamentary question or an item for the Adjournment.

It is completely unacceptable that those librarians would now be sacked by the Government. It makes no sense whatever. It is a false economy. Is the Tánaiste prepared to give an undertaking to safeguard the jobs of those librarians who are making such a difference to the lives of hundreds of children in the most disadvantaged schools?

This was announced at 6 p.m. yesterday evening when it was too late to table parliamentary questions to the Tánaiste and Minister for Education and Skills. There is also no opportunity next week for questions or for an Adjournment debate. The Tánaiste is hiding behind the excuse that there is no promised legislation in this matter. It should be dealt with. It is too late for any of us to raise this matter. Figures for two schools in my constituency show how the children are improving.

The Deputy should submit a written parliamentary question.

However, it cannot be taken for two weeks after the job is done. This is not acceptable. I do not get up to cause trouble.

We must move on. I call Deputy Rabbitte on the First Stage of the Proceeds of Crime (Amendment) Bill 2010.

You cannot call that now after the Order of Business.

I call Deputy Rabbitte to move for leave to introduce the Bill.

It will be too late in two weeks' time. The Minister for Finance is here now and can give an answer to the question.

Deputy Shortall.

It is alleged that the Department of Finance is instructing the Department of Education and Skills that these people must be sacked.

I have called Deputy Rabbitte. I ask the Deputy to resume his seat.

That is a legitimate question that should be answered in this House.

The Deputy will resume his seat.

The appropriate Minister is here and can give answers to those questions.

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