Dáil Éireann díospóireacht -
Thursday, 18 Dec 2003

Vol. 577 No. 5

Order of Business.

Minister for Defence (Mr. M. Smith)

The Order of Business today shall be as follows: No. 18, motion re proposed approval by Dáil Éireann of Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (European Communities) Order, 2003 (back from committee); No. 19, motion re proposed approval by Dáil Éireann of Double Taxation Relief (Taxes on Income) (Adjustment of Profits of Associated Enterprises) (Republic of Austria, Republic of Finland and Kingdom of Sweden) Order, 2003 (back from committee); No. 20, motion re proposed approval by Dáil Éireann of the Bovine Diseases (Levies) Regulations, 2003 (back from committee); No. 21, motion re proposed approval by Dáil Éireann of the Risk Equalisation (Amendment) Scheme, 2003 (back from committee); No. 22, motion re proposed approval by Dáil Éireann of a Council Regulation (EC) No. 333/2002 on a uniform format for forms for affixing the visa issued by member states to persons holding travel documents not recognised by the member state drawing up the form (back from committee); No. 23, motion re proposed approval by Dáil Éireann of a Council Regulation (EC) No. 334/2002 amending Regulation (EC) No. 1683/95 laying down a uniform format for visas (back from committee); No. 24, motion re proposed approval by Dáil Éireann of a Council Regulation amending Regulation (EC) 1683/95 laying down a uniform format for visas (back from committee); No. 25, motion re proposed approval by Dáil Éireann of a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third-country nationals (back from committee); No. 26, motion re proposed approval by Dáil Éireann of a Council Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third-country nationals (back from committee); No. 26a, motion re sittings and business of the Dáil; No. 1, Independent Monitoring Commission Bill 2003 [Seanad] – Second and Remaining Stages; No. 26b, motion re proposed approval by Dáil Éireann of the terms of the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing the Independent Monitoring Commission; and No. 33, National Economic and Social Development Office Bill 2002 – Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that Nos. 18, 19, 20, 21, 22, 23, 24, 25, 26 and 26a shall be decided without debate, and in the case of No. 26a, the motion, and any amendments thereto, shall be decided by one Question which shall be put from the Chair; the following arrangements shall apply in relation to No. 1: the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 1.45 p.m.; the proceedings on the Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 2.30 p.m. by one Question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice, Equality and Law Reform; No. 26b shall be taken immediately upon the conclusion of No. 1 and shall be decided without debate; the proceedings on the resumed Second Stage of No. 33 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m.; select committees of the Dáil will resume on Monday, 5 January 2004 to consider the Education for Persons with Disabilities Bill 2003; the Dáil Chamber will be used for select committee work in the week beginning 5 January and the week beginning 12 January 2004; and the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 20 January 2004, and, subject to the agreement of No. 26a, the business to be transacted shall be in accordance with the proposals contained therein.

With your permission, a Cheann Comhairle, I would like to take this opportunity to wish you a very happy Christmas and thank you for your unfailing courtesy and impartiality.

Mr. G. Mitchell

The Minister should not anticipate the debate.

Mr. M. Smith

Even if you do tend to be over-lenient with the Opposition at times, we understand that because we were on that side of the House at one time.

Mr. Sargent

That is a reflection on the Chair.

Mr. M. Smith

I wish your staff, the leaders of the Opposition parties, their colleagues and members of the Technical Group a happy Christmas. The Government is in good shape. Members of both parties in Government are looking forward to one of the best Christmases the country has ever had and we will give the Opposition a good next year, whether they like it or not.

Mr. Sargent

Give us a laugh.

Mr. Quinn

It is a bit early for pantomime.

An Ceann Comhairle

There are five proposals to be put to the House. Is the proposal for dealing with Nos. 18 to 26, inclusive, and No. 26a without debate agreed?

Mr. Kenny

It is not agreed, Sir. I understand something went wrong with the choreography this morning and that the Minister for Defence has shot off at a tangent. My understanding was that he was not to make his festive remarks until the close of business this evening. It is in that context that I seek to amend the Order of Business as proposed, namely, that the Dáil should sit for an extra 30 minutes to allow for an explanation from the Taoiseach in respect of confusion that exists about allegations of interference with an enforcement process in County Roscommon. I propose that the Dáil should extend its sitting time until 5.15 p.m. today for that purpose.

Mr. Rabbitte

That is a reasonable request from the leader of Fine Gael and I support it. It is important that the matter be clarified before the House rises. We cannot bring Councillor John Brassil into the House, and I do not know whether he will be taking press conferences during the Presidency but I hope he is available.

Mr. Sargent

The Minister for the Environment, Heritage and Local Government is in the House. If the Taoiseach cannot get back to the House, the Minister may well speak for him but it is important that we do not let the House rise for the Christmas recess with a cloud hanging over it in terms of the ethics of the Taoiseach's behaviour regarding the Roscommon issue. It is important for the Taoiseach, and the Office of the Taoiseach, that the matter be clarified and that the Minister for the Environment, Heritage and Local Government fill us in on the Planning and Development Act which does not have legal effect in the sections we are talking about to date.

Caoimhghín Ó Caoláin

Is it in order to address No. 1? Is that the matter we are now—

An Ceann Comhairle

We are dealing with the proposal to take Nos. 18 to 26, inclusive, and No. 26a without debate.

Caoimhghín Ó Caoláin

I wish to oppose it as I did on Tuesday on the series of motions regarding EU regulations covering the whole area of biometric data. The matters involved are of such serious import that they should have been addressed on the floor of this House. They were moved without debate on the floor of this Chamber on Tuesday to committee yesterday where they only had the engagement of one Deputy in real and substantive questioning on the matters concerned. They are coming back to us here this morning where again it is proposed that there will be no debate on the floor of this Chamber. They are a serious set of proposals that will not only have far-reaching consequences for the citizens of third countries seeking new opportunity within the European Union borders but can have spin-off consequences for the citizens of the European Union, particularly our State.

There is an absolute responsibility on us not to allow measures such as this that have potentially grave consequences for the civil rights of citizens to be agreed without proper scrutiny and debate. I regret to say that the Government's approach to these matters is tantamount to a suppression of public debate and scrutiny on matters that need to be brought to the attention of all citizens. This set of proposals is unacceptable and we will oppose them accordingly.

Mr. M. Smith

Coming into the House this morning, I was under the impression that this was the season of goodwill but it seems there is not an ounce of compassion across the floor for an individual suffering from cancer and getting chemotherapy.

Mr. Hayes

Does the Minister need compassion?

Mr. Gogarty

All the scrooges are on the other side of the House.

Mr. M. Smith

Opposition Deputies are following the whim of political correctness. If all of them produced their files, I wonder what we would find.

An Ceann Comhairle

The Minister has moved away from the proposal before us.

Mr. Kenny

He should not stand in judgment.

Mr. M. Smith

This is humbug. We will not agree to additional time as these matters were covered fully in committee with Sinn Féin present.

An Ceann Comhairle

With regard to the amendment proposed by Deputy Kenny, any amendment which introduces new matter is not in order as it is the Taoiseach's prerogative to list the business to be taken on any given sitting day.

Question put: "That the proposal for dealing with Nos. 18 to 26, inclusive, and 26a without debate be agreed.”

Tá

Ahern, Michael.Ahern, Noel.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.

Kirk, Seamus.Kitt, Tom.Lenihan, Brian.McCreevy, Charlie.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Dea, Willie.O'Donnell, Liz.O'Donoghue, John.O'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Roche, Dick.Ryan, Eoin.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Allen, Bernard.Boyle, Dan.Broughan, Thomas P.Bruton, John.Bruton, Richard.Connolly, Paudge.Coveney, Simon.Cowley, Jerry.Crowe, Seán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.English, Damien.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Harkin, Marian.Hayes, Tom.Higgins, Joe.Higgins, Michael D.Kenny, Enda.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.

McGrath, Finian.McGrath, Paul.McManus, Liz.Mitchell, Gay.Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Sullivan, Jan.Penrose, Willie.Quinn, Ruairi.Rabbitte, Pat.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

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

Question declared carried.

An Ceann Comhairle

Is the second proposal, dealing with No. 1, agreed? Agreed. Is the proposal for dealing with No. 26b agreed?

Caoimhghín Ó Caoláin

Is the Ceann Comhairle taking proposal No. 2?

An Ceann Comhairle

It has already been taken and it is agreed. We are dealing with proposal No. 3.

Caoimhghín Ó Caoláin

Proposal No. 2 is not agreed.

An Ceann Comhairle

The Chair put the question to the House and it was agreed.

Caoimhghín Ó Caoláin

If there was order in the House, Deputies might have been able to hear what he was saying.

An Ceann Comhairle

The other Deputies seem to hear. We are on proposal No. 3.

Mr. Roche

The Deputy missed the boat.

Caoimhghín Ó Caoláin

That is addressing the same issue. No. 26b proposes that the proposition as regards the Independent Monitoring Commission Bill will be put and shall be decided without debate. I hope I am addressing what it states.

An Ceann Comhairle

We are addressing No. 26b.

Caoimhghín Ó Caoláin

That is what we are addressing and that is what it states. If the Ceann Comhairle is finished, will he indicate when I am allowed to speak because everybody else in the House is speaking?

An Ceann Comhairle

No. 26b is a motion which deals with the matter to which the Deputy refers. It says nothing about without debate.

Caoimhghín Ó Caoláin

Proposal No. 3 on the Order Paper says: "No. 26b shall be taken immediately upon the conclusion of No. 1 and shall be decided without debate.” That is what proposal No. 3 states, unless the Ceann Comhairle and I have different texts.

An Ceann Comhairle

The Deputy is correct as regards "upon the conclusion of No. 1".

Caoimhghín Ó Caoláin

Is the Chair correct in his reading of what it states? May I say to the Ceann Comhairle, to short circuit all this—

Mr. Roche

That is very dangerous. It could blow up in the Deputy's face.

Caoimhghín Ó Caoláin

This Bill—

(Interruptions).

An Ceann Comhairle

Ciúnas in the House. Deputy Ó Caoláin without interruption.

Caoimhghín Ó Caoláin

I do not have the Ceann Comhairle's bell to bring order to the House. Maybe it is a Cavan-Monaghan position and I could yet aspire to it in the future.

An Ceann Comhairle

Deputy Ó Caoláin without interruption, please.

Caoimhghín Ó Caoláin

This Bill and the associated agreement, which as the House knows is the McDowell-Eldon agreement, is absolutely at variance with the terms and conditions of the Good Friday Agreement. The Bill and the equivalent British legislation are in absolute contravention of the Good Friday Agreement in several clauses and they represent potential obstacles to political progress and to the realisation of the hope and the expectation of the Good Friday Agreement itself. It represents a threat to the peace process and I do not say those words lightly.

Ms O'Donnell

Is that a threat?

Caoimhghín Ó Caoláin

Make no mistake about it, this is a serious matter and should not be taken lightly and dismissed here in jocular terms. I wish to record that we strongly oppose this legislation and I have a proposal before the House that we do not proceed with Second Stage which I will move at the commencement of same.

Question put: "That the proposal for dealing with No. 26b be agreed.”

Deputies

Vótáil.

An Ceann Comhairle

Will the Deputies claiming a division please rise?

Deputies Ó Caoláin, Ó Snodaigh, Crowe, Morgan, Ferris, Joe Higgins and Finian McGrath rose.

An Ceann Comhairle

As fewer than ten Members have risen I declare the question carried. In accordance with Standing Order 68 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Is the proposal for dealing with No. 33 agreed to? Agreed. Is the proposal for dealing with the Adjournment of the Dáil today agreed?

Mr. Rabbitte

This proposal brings forward the reconvening of the Dáil by a week and I welcome that. There is no point pretending this Chamber is a factory producing widgets and parliamentary parties need to prepare for the Dáil term. However, I profoundly object to its being a week of Fridays. The Order Paper states that there will be no Order of Business, no Leaders' Questions, oral and written questions shall not be taken, Private Members' business shall not be taken, matters shall not be raised under the provisions of Standing Orders 21(3) or 31 and the taking of any divisions shall be postponed. This does a disservice to the Dáil and compounds the often ill-informed criticism of how the Dáil orders its business. The Minister should reconsider. If the Dáil is reconvening on 20 January, it should do so in the usual manner with an Order of Business, Leaders' Questions, Question Time and so forth. Otherwise, we will compound our original error. The Government is not fooling anybody by putting forward this cosmetic arrangement.

Mr. Kenny

I support the comments of the leader of the Labour Party. From the point of view of public perception and greater effectiveness in the work of this House, the Government should bring forward proposals for a more effective working relationship in the Houses of the Oireachtas with regard to how business is done, how it is presented and how the public can see the Houses as a working Oireachtas.

Mr. Boyle

The Green Party is also dissatisfied with the proposal for reconvening the Dáil and the ordering of business for the week of 20 January. The Minister for Defence is well aware of the criticism of this House by the Archbishop of Cashel, when he compared the operation of the House unfavourably with school holidays.

Mr. M. Higgins

It is time they left the schools alone.

Mr. Boyle

I am simply pointing out that a fellow Tipperary man has expressed that criticism. I do not accept that this House cannot meet at the earliest opportunity. There are Bills before the House so it can resume at the earliest possible opportunity. I propose that the Dáil reconvene on 6 January.

Caoimhghín Ó Caoláin

I wish to register my disapproval of the proposal to sit for three days during which there will be no accountability on the part of the Government to the Opposition. The Opposition will effectively be muzzled in bringing the Taoiseach and other Ministers to account on the floor of this House. There will be no Order of Business, no Leaders' Questions, no Private Members' business, no Taoiseach's questions and no questions to Ministers. That is not an acceptable sitting of the House and I conform with the views expressed by other Opposition leaders. The Chief Whip should reconsider. We welcome the earlier resumption but there should be substantive business during that week. There is much to do; indeed, more than the Government is prepared to address.

Mr. Gogarty

It is just window dressing.

Mr. M. Smith

It is not the first time that Members of this House have received a belt of the crozier. The select committees will meet on 5 January. There will be 28 sessions during January and Deputies do a disservice to themselves and this House by undermining the work of these committees by playing them down so they can say Members are not working.

Mr. Stagg

That is not the issue.

An Ceann Comhairle

Allow the Minister to continue without interruption.

Mr. Stagg

We do not play them down.

Mr. M. Smith

I wish to suggest, without interruptions—

Mr. Stagg

What the Government is doing is a sham. We are not talking about committees.

Mr. M. Smith

The Deputy does not like what he is hearing.

Mr. Stagg

We do not like it. It is a sham.

An Ceann Comhairle

If the Minister addressed his remarks through the Chair, he might not invite interruption from Deputy Stagg.

Mr. M. Smith

The work of these committees and the energy a number of Deputies put into it—

Mr. Stagg

We are not talking about the committees; we are talking about this Chamber sitting with mirrors for a week.

An Ceann Comhairle

Deputy Stagg should allow the Minister to continue.

Mr. M. Smith

I will repeat, in as calm and reflective a manner as I can—

Mr. Stagg

What is being done is a scandal.

An Ceann Comhairle

I ask Deputy Stagg to resume his seat and to allow the Minister to continue without interruption.

Mr. Stagg

You should keep him to the subject.

Mr. M. Smith

I regard the work of the committees—

Mr. Stagg

It has nothing to do with committees.

An Ceann Comhairle

Deputy Stagg, the Minister is entitled to make his contribution without interruption. A Member of the Deputy's party made a contribution on behalf of his party.

(Interruptions).

An Ceann Comhairle

I will have to take further action if Deputy Stagg continues to interrupt.

Mr. M. Smith

I repeat once more that I regard the work of the committees – in this case it relates to the Education for Persons with Disabilities Bill which Deputies sought to have debated in the House for a considerable time – as being fundamentally important to our democratic institution and it should not be undermined by Members of this House.

Mr. Stagg

No one is undermining the work of the committees.

(Interruptions).

An Ceann Comhairle

Allow the Minister without interruption.

Mr. Stagg

Sanitising the House.

An Ceann Comhairle

Deputy Stagg, please.

Mr. Stagg

No Minister, no questions, no Order of Business—

An Ceann Comhairle

Deputy Stagg, please. The Minister without interruption.

Mr. M. Smith

I want to say for the benefit of the House that the antics of Deputy Stagg do nothing for the House or the business of the House. As far as the week commencing 20 January is concerned, we are having statements on the Presidency.

Mr. Stagg

Why change the format of the Dáil?

Mr. M. Smith

Deputy McManus sought a debate on oncology, which is being granted. Why should the Deputy object to the opportunity to debate in this House the issues raised?

(Interruptions).

An Ceann Comhairle

The Minister without interruption. If the Minister addresses his remarks through the Chair he might not invite interruptions.

Mr. M. Smith

Now we know the reality when people press for debates in this House. We now know what they really mean. This is a good opportunity for Members of the House to express their views on these important matters.

The Presidency begins next year. Everyone in the House is aware of the degree to which Ministers will be called away from the House to attend to European business—

Mr. M. Higgins

We will hardly notice.

Mr. M. Smith

—and at the same time look after the business of the House and the business of the country.

(Interruptions).

An Ceann Comhairle

Deputy Boyle proposed an amendment: "That 6 January be substituted for 20 January".

Question put: "That the words proposed to be deleted stand."

Tá

Ahern, Michael.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Harkin, Marian.Haughey, Seán.Hoctor, Máire.

Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.Killeen, Tony.Kirk, Seamus.Kitt, Tom.Lenihan, Brian.McCreevy, Charlie.McDowell, Michael.McEllistrim, Thomas.McGrath, Finian.McGuinness, John.McHugh, Paddy.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Donnell, Liz.O'Donoghue, John.O'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.

Tá–continued

Power, Seán.Roche, Dick.Ryan, Eoin.Sexton, Mae.Smith, Brendan.

Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Boyle, Dan.Broughan, Thomas P.Connolly, Paudge.Cowley, Jerry.Crowe, Seán.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Higgins, Joe.Higgins, Michael D.Lynch, Kathleen.Morgan, Arthur.Ó Caoláin, Caoimhghín.

Ó Snodaigh, Aengus.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Quinn, Ruairi.Rabbitte, Pat.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Boyle and Stagg.

Question declared carried.

Amendment declared lost.

An Ceann Comhairle

Is the proposal for dealing with the adjournment of the Dáil agreed to?

Mr. Rabbitte

I ask that the Minister leave it to be resolved by the Whips during the day. The least we should have is the normal Order of Business and Question Time.

An Ceann Comhairle

We are putting the question on No. 5, the proposal for dealing with the adjournment of the Dáil.

Mr. Stagg

The Minister wants to reply.

Question put: "That the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 20 January 2004 and, subject to the agreement of No. 26a, the business to be transacted shall be in accordance with the proposals contained therein.”

Tá

Ahern, Michael.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.

Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Kitt, Tom.Lenihan, Brian.McCreevy, Charlie.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Donnell, Liz.O'Donoghue, John.O'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Roche, Dick.Ryan, Eoin.Sexton, Mae.

Tá–continuedSmith, Brendan.

Smith, Michael.

Treacy, Noel.

Wallace, Dan.

Wilkinson, Ollie.

Woods, Michael.

Wright, G.V.

Níl

Allen, Bernard.

Boyle, Dan.

Broughan, Thomas P.

Bruton, John.

Bruton, Richard.

Connolly, Paudge.

Coveney, Simon.

Cowley, Jerry.

Crowe, Seán.

Deasy, John.

Durkan, Bernard J.

Enright, Olwyn.

Ferris, Martin.

Gilmore, Eamon.

Gogarty, Paul.

Gregory, Tony.

Harkin, Marian.

Hayes, Tom.

Higgins, Joe.

Higgins, Michael D.

Kenny, Enda.

Lynch, Kathleen.

McGinley, Dinny.

McGrath, Finian.

McGrath, Paul.

McManus, Liz.

Mitchell, Olivia.

Morgan, Arthur.

Naughten, Denis.

Neville, Dan.

Ó Caoláin, Caoimhghín.

Ó Snodaigh, Aengus.

O'Keeffe, Jim.

O'Sullivan, Jan.

Pattison, Seamus.

Penrose, Willie.

Quinn, Ruairi.

Rabbitte, Pat.

Ring, Michael.

Ryan, Eamon.

Ryan, Seán.

Sargent, Trevor.

Sherlock, Joe.

Shortall, Róisín.

Stagg, Emmet.

Stanton, David.

Timmins, Billy.

Upton, Mary.

Wall, Jack.

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

Question declared carried.

Mr. Kenny

As this is the last sitting day of the session, I join with other speakers in wishing you, Sir, and your staff the compliments of the season. I also pay tribute to the work and the unfailing courtesy, help and hospitality of the staff of the Houses of the Oireachtas. I pay tribute to the Garda for diligence in their duty, to the members of the public service who attend the House to assist Ministers in trying to keep the combined strength of the Opposition at bay, and the members of the Fourth Estate, who are not present in the gallery at the moment, for being unfailing in their duty to report the proceedings of the House.

This has been a difficult session and I am glad we are close to the end. I wish every Member of the House a happy and holy Christmas and every fortune and good health in the coming year. The members of the Government will recall that when we were in Government in 1996, we held the Presidency of the European Union. It was a challenging, arduous and strenuous six months. I wish them well in their endeavours. We will be happy to assist as much as we can in the work of advancing Ireland's position in Europe and strengthening the new Europe on the world stage.

Deputies

Hear, hear.

Mr. Rabbitte

I am glad to see the Minister for Defence reinstated at the head of the Cabinet. I wish him a peaceful and Hanly-free Christmas—

Mr. M. Smith

Hands off.

Mr. Rabbitte

—and advise him not to over-indulge during the festive season in case the ghost of Hanly appears at the foot of the bed. A Cheann Comhairle, I wish you a happy Christmas and hope you will have reading matter other than Standing Orders. I thank all your staff and the staff of the House for the diligent manner in which they cope with the vagaries of the system. I would like to see them involved in the new year if we are to talk about meaningful Dáil reform so that the staff would have an input.

Like Deputy Kenny I similarly offer the compliments of the season to the members of the Garda Síochána and the staff of the Fourth Estate and all my colleagues in the House.

Mr. Sargent

Is mian liomsa beannachtaí na Nollag a ghuí ortsa, a Cheann Comhairle, ar an bhfoireann a bhíonn ag obair leat, ar an Leas-Cheann Comhairle, ar cheannairí agus ar Chomhaltaí na bPáirtithe eile agus ar na Teachtaí Neamhspleácha, a bhíonn ag obair go dian i rith na bliana. It is also fitting that we have this opportunity to hope that the next six months of the Presidency of the European Union will be productive in finding a consensus which the smaller countries have to date not been able to subscribe to in regard to the draft constitution and the negotiations that will take place. I ask the Government to take into account at least one part of the legacy of Charles Haughey who dubbed the Presidency a "Green" Presidency. I am not sure what colour the Government will choose this time. It would be wise, given that Ireland is at the bottom of the league in terms of the Kyoto Protocol, to have some shade of ecological thinking there, as it does not appear to get a high priority from the Government so far as action is concerned. I ask the Government to take that into account so that after the six months Presidency, Ireland will not be seen to be at the bottom of that particular environmental league in Europe?

Caoimhghín Ó Caoláin

I wish to join with the other Opposition voices in extending good wishes to you for the Christmas season, the Leas-Cheann Comhairle, the Clerk of the Dáil and his staff, the Superintendent and the Captain of the Guard, the ushers and all the ancillary staff here in Leinster House. I extend good wishes of the season to the Taoiseach, the Minister and all his colleagues, to the leaders of all parties in the House and to all Deputies. I wish also to extend good wishes to the members of both the print and broadcast media, including those who are, occasionally – some more frequently – not altogether too complimentary to this Deputy.

Mr. McGinley

That is very rare.

Caoimhghín Ó Caoláin

Merry Christmas, John. I join with others in wishing the Taoiseach and the Government success in the forthcoming Presidency of the European Union. They will be at the helm of the Irish Presidency and we will have strong and acute differences in the approach to the work ahead of us. I would hope it will be an important and fruitful time. I urge the Minister and his colleagues to take on board the 13 priorities for the Irish Presidency that Sinn Féin has proposed.

Mr. M. Smith

Ba mhaith liom buíochas a ghabháil leis na Teachtaí uilig a mhol Nollaig faoi shéan agus faoi mhaise ar gach éinne a bhfuil baint acu le hobair an Tí seo. I thank Deputies Kenny, Rabbitte, Sargent and Ó Caoláin for their good wishes to the Government in the context of the Presidency and the unquestionable support which I know they will give in terms of making the Irish Presidency the success we all hope it will be. I had the opportunity earlier to extend Christmas greetings to you, a Cheann Comhairle, and to be associated with the wishes expressed here to everybody associated with the work of the House and to express the hope that Members will have some time off to relax. Some Members, such as Deputy Stagg, who tend to be more energetic than others, particularly need the rest. Notwithstanding some of what is said in the House at times, at a time like this we come together a little more and let the people see we are human like the rest of them. In that spirit, like Deputy Ó Caoláin—

Mr. Sargent

No stag hunting on St. Stephen's Day.

Mr. M. Smith

—we extend good wishes to members of the media and hope they will look a little closer at what goes on here in 2004, rather than some of the other things that do not help us sometimes.

An Ceann Comhairle

On my own behalf, and on behalf of the Leas-Cheann Comhairle and the staff, I thank Members for their good wishes and kind words. I take this opportunity to thank the staff, the Clerk, the Clerk Assistant and all the staff who service the House, the Superintendent, the Captain of the Guard, the ushers, members of the Garda Síochána, the staff in my own office and all the staff in the House for the job they do in ensuring we have a very efficient and effective democracy. I thank particularly all my parliamentary colleagues on both sides of the House for their courtesy and co-operation during the session.

I know how hard Deputies work in the House. I know also how hard Deputies work outside the House when the Dáil is not sitting and how hard they work in their constituencies. I know also there are Deputies who do not take any holiday, even when the House is not in session. My advice to Deputies – I put my medical hat on as I often do on these occasions – is to take some time and have a break. It is necessary to ensure good health in the coming year and that the Members will be fighting fit when the Dáil reassembles on 20 January. I wish everybody a very happy Christmas and a successful 2004.

Mr. McGinley

On a slightly different note, given that the Minister for Defence is in charge of operations on the other side today, I ask him in view of his bombshell announcement yesterday afternoon that the Air Corps will no longer be responsible for search and rescue in the north-west, if he can guarantee that the service will be available—

An Ceann Comhairle

That is not appropriate to the Order of Business.

Mr. McGinley

There is the ombudsman's Bill. I ask him to defer his decision until the Bill is implemented in order that legitimate grievances can be investigated by the crew or the winch crews in question. They have provided an excellent service down through the years and any reduction in that service will have serious consequences for people on the north-west coast.

Mr. M. Smith

With your permission, a Cheann Comhairle, I wish to deal with the two questions raised by Deputy McGinley, the announcement I made yesterday which would involve the Air Corps discontinuing the service in the north-west and the announcement of the purchase of utility helicopters. Seafarers are entitled to expect from the Government and the people of Ireland that the search and rescue services would be on a 24-hour basis and would be reliable. Unfortunately, I am not in a position to give that guarantee. Therefore, reluctantly, I had to make the decision I made yesterday. I assure Deputy McGinley that any matters he has raised will be fully investigated. It is important to remember this is a life and death service. I have only one set of criteria when faced with that risk, that is to ensure a full-time, 24-hour service is delivered. That can be done. Unfortunately, it is not possible for the Air Corps to do it.

Mr. Sherlock

I hate to introduce a discordant note when I ask the following question of the Minister. Is legislation necessary to give effect to the Minister's decision to privatise the Air Corps? The Minister paid €16 million to lease a helicopter. This money would provide a service. Is it the Minister's intention to phase out Air Corps search and rescue services? I believe that is the purpose of this action.

An Ceann Comhairle

The first question is in order.

Mr. M. Smith

Christmas time is the season of goodwill and Deputy Sherlock has taken an interest in this matter. First, legislation is not required. Second, I am not privatising the Air Corps. I am allowing the Department of Communications, Marine and Natural Resources, which employs a private contractor for the rest of the country, to apply that system to the north west, where the Air Corps is unable to provide a service. No legislation is necessary and there is no question of privatisation.

Mr. Sargent

In spite of Christmas wishes it is not Christmas time yet. It is Advent. Will the Judicial Conduct and Ethics Bill provide an opportunity to review the code of behaviour for Cabinet members, in the light of the Taoiseach's Roscommon escapade?

An Ceann Comhairle

Deputy, you may ask a question on the legislation. The content of it cannot be discussed.

Mr. Sargent

It is important for the office of the Taoiseach—

An Ceann Comhairle

Of course, it is important and there are structured ways of dealing with the matter to ensure that it is given the importance to which it is entitled.

Mr. Sargent

You thwarted me in my first attempt to raise this issue, a Cheann Comhairle, and I did not want to be thwarted again.

Mr. M. Smith

The Bill will be presented at some stage next year. I cannot give further details about it. The Department of Justice, Equality and Law Reform is working on it.

Ms Lynch

I think it is Christmas and I wish a very happy and peaceful Christmas to everyone. I emphasise my wish for peace. Some people do not have that.

I am glad to see the Minister for Justice, Equality and Law Reform in the House. In the absence of the enforcement of fines Bill, is it possible in this season to release Dr. Fintan Lane, who is in jail for non-payment of a fine?

An Ceann Comhairle

That matter does not arise on the Order of Business.

Ms Lynch

This Bill—

An Ceann Comhairle

On the legislation—

Ms Lynch

This Bill is designed to ensure that people who cannot or will not pay fines in a civil matter will not be imprisoned. I ask the Minister to respond. It is Christmas time.

Mr. M. Smith

Work on the enforcement of fines Bill is at a preliminary stage. It is not possible to indicate when it might reach the House.

Ms Lynch

What about the release of Dr. Fintan Lane?

An Ceann Comhairle

That matter is not appropriate to the Order of Business. That is a question for the Minister for Justice, Equality and Law Reform.

Mr. M. Smith

We would need to be nearer to Christmas.

Caoimhghín Ó Caoláin

Can the Minister confirm that the disability Bill, publication of which had been promised before today in the Government's legislative programme for this session, will now be published, as I am advised outside the House, by the third week in January? Can the Minister confirm that this is the case and that, on the resumption of the Dáil following the Christmas recess, we will have have sight of the disability Bill, whereupon we can proceed to address its content?

Mr. M. Smith

Work on the production of this legislation is at an advanced stage. Considerable effort is being made to meet the deadline. It is not possible to say if it will be met exactly but all guns are blazing.

Mr. J. Higgins

The Independent Members wish me to extend their greetings to all, particularly to the staff of the House who do not have a direct voice in the Dáil.

I ask the Minister for Defence about the wellbeing of the Tánaiste this morning. I am concerned that she is not here.

An Ceann Comhairle

If you wish to ask about the wellbeing of a Member you may do so outside the Chamber.

Mr. J. Higgins

I wondered if she was nervous that we might turn her into a quarry if she came into the House.

An Ceann Comhairle

If you wish to raise a matter appropriate to the Order of Business we will hear it now.

Mr. J. Higgins

When did the Government decide that a councillor from Ballyheigue in Kerry would represent it on RTE about a planning matter in Roscommon involving a Taoiseach based in Dublin?

An Ceann Comhairle

That matter does not arise on the Order of Business.

Dr. Cowley

Alternative medical practitioners are playing havoc with vulnerable people. About a year ago an IPA report recommended that something be done about this. Standards of practice and educational requirements should be controlled by legislation. There are some very good alternative practitioners but some are wreaking havoc.

Mr. M. Smith

We expect to have the medical practitioners Bill next year. I had no idea Deputy Joe Higgins had such a profound objection to Kerrymen voicing their views.

Mr. J. Higgins

I have no objection to Kerrymen voicing their views but to their being appointed as official Government spokesmen. Was the Tánaiste at the meeting? Maybe the Minister for Justice, Equality and Law Reform will tell us.

Mr. Boyle

Will proposed decisions about closures of prisons be acted upon before the prison service Bill comes before the House? Will the Minister for Justice, Equality and Law Reform indicate his willingness to put a stay on such decisions until the House has had an opportunity to consider the Bill?

Mr. M. Smith

Having some experience of closing institutions, I can tell the Deputy that no legislation is required for that.