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Dáil Éireann díospóireacht -
Tuesday, 7 Oct 2003

Vol. 571 No. 4

Order of Business.

The Order of Business shall be No. 20, motion re Electricity Regulation Act 1999 (Eligible Customer) (Consumption of Electricity) Order 2003, back from Committee Stage; No. 21, motion re referral to joint committee of proposed approval by Dáil Éireann of the Health Act 1970 (Section 76) Simpson's Hospital Estate Act (Amendment) Order 2003; No. 1 Dumping at Sea (Amendment) Bill 2000 [Seanad] – Second Stage; No. 5 Aer Lingus Bill 2003 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the proceedings on Nos. 20 and 21 shall be decided without debate. Private Members' Business shall be No. 32 (a), Planning and Development (Acquisition of Development Land) (Assessment of Compensation) Bill 2003 – Second Stage. Proceedings on Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 8 October 2003.

Will the Taoiseach explain the purpose of the Health Act 1970 (Section 76) Simpson's Hospital Estate Act (Amendment) Order 2003? Have we had notice of what that is about?

Apparently No. 21 is a residue of the estate of the trustees concerned, the purpose of it being to erect a hospital for aged, decayed and gouty men. Does this mean we can prepare for a Cabinet reshuffle?

I refer to No. 20 which is the motion on electricity regulation. The Labour Party is opposed to taking this motion without debate. So far we have been allowed only ten or 15 minutes late in the evening at the meeting of the communications committee. There are important issues involved in the full liberalisation of the electricity market which this regulation confirms. We were promised that the electricity Bill would be available so that we would be informed of the structure of the market and the future of ESB and Eirgrid. We still do not have the electricity Bill. We are opposed to taking this regulation without debate at this stage.

Why is the Deputy not up in Mountjoy?

The Minister should allow Deputy Eamon Ryan to speak without interruption, please.

The Minister is the only one at risk from Joseph Murphy junior.

I indicated last week that the joint committee had disregarded your advice and was sitting right through the summer but it was not given any time to debate this important issue. We were given ten minutes last week to debate it and in that presentation the Minister made clear that he has serious concerns about the policy direction being taken. We are proceeding at a quicker pace than is necessary under the EU directive to introduce this regulation. I share the concerns of my colleague that it is a very important issue dealing with the development of the electricity market and to have it without debate and without a vote makes no sense whatsoever.

The electricity Bill will be taken in early 2004 and will provide the opportunity for the House to discuss all the relevant issues. The order provides for two things, that 56% of the electricity market will be open with effect from 19 February 2004 and the full market will open on 19 February 2005. The order has nothing to do with pricing. The Bill can be debated then. I understand the Minister attended and was available to answer questions.

The Deputy only asked me two questions.

That is a smart alec reply.

The Minister should allow the Taoiseach to continue without interruption.

I understand that the Minister was available to stay but he was only asked two questions.

Simpson's Hospital wishes to amend its existing charter which was correctly described by Deputy Rabbitte in order that it can broaden its objectives to include women.

Question put: "That the proposal for dealing with Nos. 20 and 21 be agreed."

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Carty, John.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dennehy, John.Ellis, John.Finneran, Michael.Fitzpatrick, Dermot.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.

Kelleher, Billy.Kelly, Peter.Kirk, Seamus.Kitt, Tom.Lenihan, Conor.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Donnell, Liz.O'Donoghue, John.O'Donovan, Denis.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Roche, Dick.Sexton, Mae.Smith, Brendan.Treacy, Noel.Walsh, Joe.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Allen, Bernard.Boyle, Dan.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Costello, Joe.Cowley, Jerry.Crawford, Seymour.Crowe, Seán.Cuffe, Ciarán.Durkan, Bernard J.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.

Gormley, John.Gregory, Tony.Hayes, Tom.Higgins, Michael D.Kehoe, Paul.Kenny, Enda.Lynch, Kathleen.McCormack, Padraic.McGrath, Finian.McGrath, Paul.McHugh, Paddy.McManus, Liz.Morgan, Arthur.Moynihan-Cronin, Breeda. Naughten, Denis.

Níl–continued

Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Perry, John.Rabbitte, Pat.

Ring, Michael.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Shortall, Róisín.Stagg, Emmet.Stanton, David.Twomey, Liam.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg.
Question declared carried.

Is proposal No. 2, the proposal for dealing with Private Members' Business tomorrow, agreed to? Agreed. We now move on to the Order of Business.

Will the Taoiseach give one hour of Government time to discuss the disaster in north Mayo? It is only fair to the people of that area that they should at least get support from Ministers.

That does not arise on the Order of Business. It is a matter for the Whips.

The Taoiseach is a reasonable man. I ask him to provide one hour of Government time.

That issue was discussed last week on the Adjournment.

It is a reasonable request. It was a major tragedy.

I call Deputy Gilmore.

Will the Taoiseach reply?

The Deputy should allow Deputy Gilmore to speak. That is a matter for the Whips.

If it happened in Dublin, every Deputy would be giving out about it. We want fair play for the people of rural Ireland.

The Deputy is being disorderly. The Deputy raised the matter on the Adjournment last week.

I did not get an answer.

Last Thursday the Tánaiste told the House that there was an omission from the list of legislation which was published for consideration by the House. She said that a planning Bill was being prepared by the Government. I asked her about a planning Bill which would address two issues. The first was the abolition of the €20 fee for making planning submissions and the second was to give effect to the Taoiseach's promise to amend the planning laws regarding one-off rural housing. It was not clear from the reply if the promised planning Bill would address both issues. Perhaps the Taoiseach could clarify for the House if the Bill, which was omitted from the list, will address both issues.

There is no planning Bill on the list, but I understand there are proposals for the Minister to bring forward an additional Bill. However, I do not yet have those details.

I understood from what the Tánaiste said on Thursday that this matter had been—

We cannot have a debate on the matter as the Taoiseach has answered the question.

I need to know where the Bill is because the Tánaiste indicated on Thursday that it had been considered by Government but the Taoiseach is telling us this is a figment of her imagination.

Please allow Deputy Sargent to speak.

I would like to hear the answer, a Cheann Comhairle.

We would all like to hear it.

Sorry, Deputy, I am moving on to Deputy Naughten.

On another Bill—

Will there be legislation?

The Taoiseach may answer the question.

Deputies need not get excited. If there is to be legislation, the Minister will announce it. At this stage he is considering it and it has been discussed at Cabinet.

Perhaps the Taoiseach could tell the Tánaiste that.

When a decision is made, the Minister will announce that the legislation is being introduced.

Does that mean that the Government—

We cannot have a discussion on the matter.

I want to ask about another Bill which is also the responsibility of the Department of the Environment, Heritage and Local Government. With regard to the earlier points made about the Electricity Regulation Act 1999, the building control Bill has within it the potential to put right the mistakes made by the Government in the harnessing of solar power. If the building stock had used solar power over the last five years, we could have avoided building two peat-fired stations. Will this legislation take into account the modern need to control energy demands?

We cannot discuss the content of legislation.

Has the date of publication been changed? The Taoiseach has not answered that question.

It will be published early next year.

It was supposed to be the middle of this year.

A Garda car crashed six months ago in Roscommon has not yet been replaced. When will we see publication of the criminal justice (miscellaneous provisions) Bill and the Garda car we were promised last week?

It had a puncture.

Was it repaired?

The Bill will be published in 2004.

A Deputy

We could ask the Minister but we do not know where he is.

It is another lamp-post.

What about the car?

It needs more than an MOT.

In the aftermath of the Fianna Fáil think-in in Sligo, when does the Taoiseach propose to bring forward the necessary legislation to give effect to his open-ended statement about one-off housing?

I answered question that last week. The Deputy should read what I said.

If the Deputy had not been talking, he would have heard it.

That is not a proper answer.

As a Deputy duly elected to this House, I do not think that the response from the Taoiseach—

The Chair has no control over answers given.

It is up to the Ceann Comhairle to ensure my rights are guaranteed in this House. The sort of response given by the Taoiseach is totally unacceptable.

The Deputy has been around long enough to know that the Chair has no control over an answer given in the House.

I asked a question about promised legislation and should be guaranteed—

The Deputy is being disorderly.

I am entitled to an adequate response.

The Chair has no control over answers.

What is the answer?

It is a straightforward question about whether legislation is promised. What is the problem?

There is no legislation such as the Deputy mentioned on the Order Paper.

Will the Taoiseach be announcing it again at the weekend?

The Deputy misquoted what I said in Sligo.

Is the Taoiseach for or against it?

The Taoiseach indicated to me last week that the Minister for Health and Children had initiated the preparation of legislation to give effect to the health service reform programme. How many Bills are in the pipeline? Are there one or two?

I asked the Minister for Health and Children last week about the Hanly report and understand it is currently with the Cabinet. Is legislation to be presented in tandem with publication of the report? In what order will matters proceed? Will we see the Hanly report come before the House for full consideration, with legislation to appear subsequently?

It is only a report.

The health reform programme requires significant reform. I suggest the Deputy table a question to the Minister for Health and Children to obtain an outline of what is to happen. All reports were examined in the three month consultative period that has just been completed and the Minister will be able to give the Deputy a comprehensive answer.

What about the Hanly report?

It will be published.

The Boundary Commission's report on European parliamentary constituencies was published this morning. I note the relevant Bill is expected to be published some time in 2004. Could the Taoiseach give a more exact timescale for the production of this legislation which will give effect to the recommendations of the Boundary Commission?

Apart from the first half.

Now that the report is available, we will start working on the legislation as a matter of urgency. I was told it would be early in the new year before it was through. I do not know whether that can be improved on but we will start working on it as a matter of priority.

When will the Education for Persons with Disabilities Bill 2003 be debated in the House?

In about two weeks.

A Cheann Comhairle, I need your help once again. I do not question your decision in this case – I am merely seeking guidance. I tabled a question to the Minister for the Environment, Heritage and Local Government regarding the disposal of potential building land by the various local authorities in the greater Dublin area, with reference to the undertakings given in the House by the Minister at the passage of a recent Bill. You disallowed the question on the basis that the Minister had no official responsibility to Dáil Éireann in the matter but the Minister specifically took upon himself—

We cannot discuss the matter now.

The Minister gave an undertaking in the House that he would be prepared to answer questions relating to local authorities—

That does not arise at this stage.

—in order to assist in the passage of the dual mandate legislation.

The Deputy will have to find another way of raising the matter. It is not appropriate to the Order of Business.

Who is right? Do I assume you were correct in your assessment, or was the undertaking given by the Minister to the House?

That is a question for Question Time – it relates to local government.

Is there some reason the Minister is not answering the question? Did he ask for the question to be disallowed? Was there some reason he did not want it answered?

The Minister must allow Deputy McManus to ask her question.

We will visit the issue again.

Further to the Taoiseach's reply to Deputy Ó Caoláin's question, will he agree to a debate in the House when the Hanly report is published? In view of the criticism extended by the author of the Brennan report about the lethargy evident at Government level in responding to the need for reform of the health service—

The Deputy does not need to make a speech on the matter.

Can we have a guarantee that there will be a debate soon on the Hanly report, in view of the fact that next August is a deadline in the matter of junior hospital doctors?

Yes, that is a good idea.

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