The Order of Business shall be No. 26, statements on Commission to Inquire into Child Abuse. It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 26 shall be brought to a conclusion at 7 p.m. and the following arrangements shall apply: the statements of the Minister for Education and Science and of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 20 minutes in each case; the statements of each other Member called upon shall not exceed 20 minutes in each case; Members may share time; and, not later than 6.20 p.m., the Minister for Education and Science shall take questions for a period not exceeding 40 minutes. Private Members' business shall be No. 35, motion re benchmarking (resumed), to conclude at 8.30 p.m.
Order of Business.
There is one proposal to be put to the House. Is the proposal for dealing with No. 26 agreed to?
It is not agreed. There is no provision to conclude the debate by deciding one way or the other that the House is satisfied with the manner in which the Government is handling this affair. The Labour Party has a motion on the Order Paper. I ask the Taoiseach to permit the taking of that motion tonight. If he does not, I will have to call a division. If the Government is satisfied that the manner in which it collapsed the Laffoy commission was justified and that what it is doing is correct, then it ought to have tabled a motion. There is no facility to vote at the end of the night on this and there is inadequate time to put questions. I am opposed to it.
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Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Blaney, Niall.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Callely, Ivor.Carty, John.Cassidy, Donie.Coughlan, Mary.Cowen, Brian.Cullen, Martin.Davern, Noel.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Harney, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe. |
Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McDowell, Michael.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.O'Connor, Charlie.Ó Cuív, Éamon.O'Dea, Willie.O'Donnell, Liz.O'Donovan, Denis.Ó Fearghaíl, Seán.O'Flynn, Noel.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Ryan, Eoin.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Mary.Walsh, Joe.Wilkinson, Ollie.Woods, Michael. |
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Allen, Bernard.Boyle, Dan.Breen, James.Breen, Pat.Broughan, Thomas P.Bruton, John.Bruton, Richard.Burton, Joan.Connaughton, Paul.Costello, Joe.Crawford, Seymour.Crowe, Seán.Cuffe, Ciarán.Durkan, Bernard J. |
Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Gregory, Tony.Harkin, Marian.Hayes, Tom.Higgins, Michael D.Kehoe, Paul.Kenny, Enda.McCormack, Pádraic.McGinley, Dinny. McGrath, Finian. |
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McGrath, Paul.McHugh, Paddy.McManus, Liz.Mitchell, Gay.Mitchell, Olivia.Morgan, Arthur.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Noonan, Michael.Ó Caoláin, Caoimhghín.O'Keeffe, Jim.O'Shea, Brian.Ó Snodaigh, Aengus.O'Sullivan, Jan.Pattison, Seamus. |
Penrose, Willie.Perry, John.Quinn, Ruairí.Rabbitte, Pat.Ring, Michael.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Twomey, Liam.Upton, Mary.Wall, Jack. |
I note from the list of promised legislation, No. 72, that the Diplomatic Relations and Immunities (Amendment) Bill, to address a concern in relation to the constitutionality of Part VIII of the Diplomatic Relations and Immunities Act 1967, as amended, is proposed. I do not know what the difficulty is, but when is it intended to circulate that Bill so that the issue can be addressed?
The heads of the Bill are expected this month but the legislation will be introduced in 2004.
When will the Laffoy (Amendment) Bill be brought before the House? I have a transcript here of the interview given by the Minister for Justice, Equality and Law Reform, Deputy McDowell, this morning in which he contradicted everything that the Taoiseach and Deputy Woods have said, which is not surprising—
That does not arise at this stage. Is the legislation promised?
—including the fact that he brought to the attention of Deputy Woods, who was Minister at the time, my unhappiness—
The Deputy is out of order.
Could I have an answer in regard to the Bill?
It is intended to bring that legislation to the House, but we are awaiting the judgment on the Christian Brothers case before finalising the Act as we must see that judgment first.
Given the horrific stories of medical malpractice that have emerged in relation to Dr. Neary and the increasing number of stories in relation to symphysiotomy—
Does the Deputy have a question?
I do have a question. I want to ask specifically about the medical practitioners Bill—
That was dealt with yesterday.
It was not. I have a transcript of what was said yesterday. There was not a specific question. I have a specific question about this. There was a general question yesterday. It is on list C under promised legislation which means that the heads of the Bill have not been agreed by Cabinet. I received a letter from the Minister for Health and Children in which he told me that it would come before the Cabinet in the autumn. As it is now autumn, when will it be brought before the Cabinet?
The autumn is not just one day.
Is the Deputy asking about the medical practitioners Bill?
Yes.
The heads of the Bill are expected this month.
In the autumn.
All the leaves are falling off the trees as far as Fianna Fáil is concerned, and they will not be back again.
Is that a fallen oak I see?
Let us proceed without further interruption.
In light of the great need of community groups and the disabled to raise funds, when will the charity Bill be dealt with in the House?
That was dealt with yesterday in questions from Deputy Joan Burton.
When will the Health Complaints Bill be brought into this House?
That was also dealt with yesterday in a question asked by Deputy McManus.
It may have been dealt with yesterday, but we are getting nowhere.
Does the Taoiseach want to answer it again today?
Consideration is being given to possibly incorporating the provisions of this Bill in health reform legislation.
In the context of the crisis yesterday in James Connolly Memorial Hospital, with patients being treated in the carpark, how do the patients and their families complain in the absence of the already mentioned Health Complaints Bill and the health reform package? When will they be introduced?
It was dealt with yesterday. Deputy McManus had a question on it.
Why is the enabling legislation for the health services reform programme not on the programme of legislation circularised to all Deputies for the current session? Yesterday and again today—
The Deputy asked the same question yesterday. We have to move on.
No, I did not. It was not open to me to respond yesterday. The Taoiseach has referred to it again this morning. There is no sight of the enabling legislation but the Taoiseach claims it is under preparation.
The Deputy raised the question yesterday. It is an abuse of the Order of Business for Deputies, particularly the same Deputies, to come in and ask the same question.
He did not explain.
I would like to raise three issues. Can the Taoiseach tell me when the report of the commission considering the boundaries for the European elections will be published? Legislation is promised in that regard. It was indicated that legislation would be introduced to limit the spending of candidates at local elections. This would eliminate the anomaly whereby there are limits on expenditure during a general election campaign, but not during a local election campaign.
The Deputy has made his point.
When will the legislation be published? Electronic voting systems have been developed for the local and European elections next year, but there has been no discussion or consultation on them. Millions of euro have been spent on new equipment without any consultation with the Opposition parties.
Hear, hear.
I want to know when the consultation will take place.
That does not arise.
When will we be given a guarantee about the security of the systems that are proposed?
I suggest that the Deputy submit a question to the appropriate Minister. The Taoiseach can respond to the question about legislation.
Legislation will be introduced in respect of the European revisions as soon as the report has been completed. We will have to bring forward legislation on that.
When will the report be finished?
It is imminent.
It is expected next week.
The Minister has said that it is expected next week.
Will it be ready next Tuesday?
Legislation dealing with local election expenditure is already in place.
No.
No change is proposed in the legislation.
It is ridiculous that there are limits for general elections, but one can spend millions on local elections if one wishes.
Deputy Allen is being disruptive.
The Government is trying to buy its way into office.
No.
The Deputy knows well that the limits are the same for all parties and all candidates.
What about electronic voting?
The average expenditure on the part of local election candidates from all parties is about €4,000.
The system works.
What about electronic voting?
That question is more appropriate to the Minister for the Environment, Heritage and Local Government.
We were promised consultation.
I ask the Deputy to resume his seat.
If, as the Minister for the Environment, Heritage and Local Government has just told us, the report of the European Parliament constituency commission will be available next week, why is the Bill to give effect to the report not due for publication until early 2004, according to the legislative schedule? Is the Government considering amending the commission's recommendations?
The Deputy is suspicious.
The heads of the Bill cannot be prepared until the report is available. We will start to prepare the legislation as soon as we see the report.
Can I ask the Taoiseach when we will see the greater Dublin area land use and transport authority Bill? There were indications during the last session that this Bill would be shelved.
The matter was raised yesterday by Deputy Shortall.
I spoke about the Government's policy in relation to the matter during Question Time this morning. The policy on this Bill is under review.
Terrible damage was done to many women as a consequence of the serious case of the medical practice of Dr. Neary, who has since been struck off the medical register by the Medical Council. The council has appealed to the Government to publish the medical practitioners Bill.
That matter has already been dealt with this morning.
When will the Voluntary Health Insurance Board (Corporate Status) Bill, which will alter the corporate status of the VHI, be brought before the Dáil?
The heads of the Bill are expected in the next month or so. The legislation will be brought forward in the spring session.
Can the Taoiseach provide a certain date for the processing of the Hague Convention on the protection of children and international co-operation in respect of the intercountry adoption Bill? The convention was agreed over ten years ago. The Government's legislative schedule states that publication is expected, but that it is not possible to indicate a date at this stage.
The Minister of State, Deputy Brian Lenihan, is undertaking extensive consultation with all interested groups on this matter and a number of other matters relating to adoption, contact, information and a range of other areas. He hopes to bring forward his proposals on these matters in a single Bill.
I understand that the publication of the electricity Bill is scheduled for early 2004. Have any discussions taken place with the ESB, in the context of the proposals in the Bill, that might influence the format and the structure of the Bill?
That is a question for the relevant Minister, not for the Taoiseach.
It is on promised legislation.
We cannot discuss the content of the legislation at this point. The Deputy can ask when the Bill will come before the House.
It is relevant.
It was dealt with yesterday after Deputy Broughan asked a question.
Can I have an answer to my question?
The heads of the Bill have been approved and it is hoped it will be published in early 2004.
I am seeking clarification about the amending legislation relating to the Commission to Inquire into Child Abuse. The Taoiseach is adding to the public confusion about this area. He gave me a straightforward answer yesterday when I asked him when the legislation will come through. He said it will be brought forward in this session. He answered my party leader today, however, by saying that the Government will wait for the High Court's judgment on the Christian Brothers case. The future of this legislation is totally unclear.
The Deputy has made her point.
The Minister for Education and Science told the Joint Committee on Education and Science on Monday that he expects the legislation will not be passed before the spring of 2004.
The Deputy should allow the Taoiseach to reply.
We need clarity, as we received a different answer today from that given yesterday.
The Government's work on this legislation has almost been completed. We are waiting for the High Court's judgment on the Christian Brothers case, which was heard last May. We thought the judgment would be delivered before the summer, but it is due soon. The judgment may or may not be appealed. It would not make much sense for the Government to introduce legislation now that might be changed after the High Court judgment. We hope to receive that judgment, as we are ready to move on the legislation. We have to take the High Court's deliberations into account. We will be able to move immediately if the judgment is not appealed, but we will have to wait if there is an appeal. The Deputy is aware of the ramifications of many of the matters at issue in the case in question, which has already been heard. We expect to receive the judgment shortly, but I cannot be certain of it.
It is important that we get clarity in this regard.
I can give clarity about what the Government is doing, but I cannot give clarity about when courts will make judgments.
The fact that the WTO talks collapsed in September without reaching a conclusion has significant implications for Irish agriculture. Can I ask when the House will have an opportunity to discuss the implications of the failure of the WTO talks?
The Whips can discuss the matter.
It is a matter for the Whips.
The press release issued by the Chief Whip about the Dáil's legislative programme states that it is hoped to publish the disability Bill in this session. Can the Taoiseach give a commitment that the Bill will be published in this session?
We certainly hope that is the position. We have consulted many of the organisations and we are continuing to do so. The completion of the Bill is a priority, but I do not want to do so without the agreement of the groups.
The decision to transfer lands at Grangegorman to the Dublin Institute of Technology for a new campus was announced by the Taoiseach before the general election. The staff of the Dublin Institute of Technology and the nursing staff at Grangegorman are in a state of limbo at present because the transfer has been stated to be pending on a number of occasions.
To what legislation does the Deputy refer?
Can I ask the Taoiseach to state whether the Grangegorman development agency Bill will be produced in this session?
Yes, the Bill will be published in this session.
That is the reply we were given in the last session.
I note there are cameras in the corridors of Leinster House. I do not know whether we have introduced "Parliamentary Big Brother" or "Celebrity Politician" to Leinster House, but if we have, can I ask the Taoiseach when he will take nominations for the first Minister to be thrown out?
I call Deputy Sargent.
Does the Deputy refer to being thrown out of the bar?
There is nervous laughter on the Government side.
I would like to support Deputy Upton's call for a debate on the breakdown of the WTO talks at Cancun. Can this matter be considered when the Whips meet? The Taoiseach said yesterday that the heritage (powers and functions) Bill is gone. I do not know if it was composted or incinerated.
It has been recycled.
The Minister for the Environment, Heritage and Local Government plans to sprinkle the remains of the Bill around the foundations of the proposed national monuments Bill. Given that the national monuments Bill has been put back from late 2003 to early 2004, is there any certainty about this legislation or is it on a constant sliding scale?
Legislation is due in early 2004.
Will the Taoiseach tell the House why the Safety, Health and Welfare at Work Bill will not be published this term? What is the delay? Construction workers are dying because of a lack of regulation in that industry.
Legislation in this area is already very strong. This Bill will amend and consolidate existing legislation. The heads have been approved and the Bill is due early next year. Legislation dealing with the issue raised by Deputy Morgan is on the Statute Book.