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Dáil Éireann díospóireacht -
Wednesday, 23 Jun 2004

Vol. 587 No. 6

Order of Business.

The Order of Business today shall be No. 18, Public Service Management (Recruitment and Appointments) Bill 2003 — Order for Report, Report and Final Stages; No. 19, Maternity Protection (Amendment) Bill 2003 [Seanad] — Order for Report, Report and Final Stages; and No. 20, Residential Tenancies Bill 2003 — Order for Report, Report and Final Stages. Private Members' business shall be No. 39, motion re nitrates directive (resumed) to conclude at 8.30 p.m.

There are no proposals to put to the House.

I am glad the Government has abandoned guillotines on these Bills. Can the Tánaiste indicate before the end of the Irish EU Presidency the progress being made regarding Irish being designated as an official working language of the European Union? The Taoiseach responded in the House on this matter on a number of occasions.

Successive Irish Governments have sought for many years to make Irish an official language of the European Union. Our efforts to date have not been successful. I am not in a position to say they will be successful before the end of the Irish EU Presidency. Being realistic, that is very unlikely.

There was a lack of effort.

It was not lack of effort.

It was lack of political will.

Why did the Government support a motion in the House to that effect if it had no intention of doing anything about it? The Government parties voted for the Labour Party motion a couple of months ago.

I deire na——

Ba cheart don teachta a bheith in a thost.

The Deputy must raise a matter appropriate to the Order of Business.

Has the Tánaiste had time to reflect on the request put to her the last time she attended the House, to provide some parliamentary mechanism whereby Dáil Éireann can monitor the implementation of the Government's proposals on decentralisation?

I suggest the Deputy submit a question to the appropriate Minister.

I put a question.

Not to the appropriate Minister. The Minister for Finance has responsibility in that area.

The Tánaiste is the acting Head of Government. I exercise my right to ask a question on the Order of Business on a straightforward matter that was asked of the Tánaiste by myself and Deputy Richard Bruton last week. I would appreciate a reply.

As I said in the House last week, the Government has appointed an implementation group which is due to make a further report to the Cabinet sub-committee towards the end of July. Following that report, it would be a good idea if a mechanism were found to enable dialogue and discussion in the House or one of the committees of the House in regard to this matter.

I want to distinguish between trying to make something happen in regard to the Irish language and doing nothing about it. They are separate matters. The Government has endeavoured as best it can in this as in every area. However, to be realistic, I do not think we will succeed in this case, just as previous Governments did not succeed.

The Government is beaten before it begins.

I point out that the first question on Priority Questions to the Minister for Finance today, in the name of Deputy Richard Bruton, deals with decentralisation.

The Tánaiste should be truthful with us. I am not aware of any objection raised by any other member state to Ireland seeking that Irish be made an official language.

The Public Service Management (Recruitment and Appointments) Bill 2003, which is to be discussed today, and promised legislation such as the veterinary medicine Bill will be of considerable interest to many public servants. While I know the issue has been raised, nobody is saying what will happen to all those volunteering to stay in Dublin or Cork and where those based at the veterinary offices in Cork city may not want to go to Macroom. Is there a plan for those volunteering to stay in Dublin?

That does not arise. The Tánaiste should answer on the legislation.

It is of considerable interest to many people.

The veterinary medicine Bill will be published before the end of the session. The Public Service Management (Recruitment and Appointments) Bill 2003 is before the House at present. The Minister for Community and Gaeltacht Affairs, Deputy Ó Cuív, informs me he will shortly bring proposals to Government in regard to the Irish language.

That is official status.

In light of the publicity in the past 24 hours surrounding a young couple whose parents-in-law want to come to this country to see their baby——

Has the Deputy a question on legislation?

Yes. When will the immigration and residence Bill be dealt with? Second, when will the enforcement of fines Bill, to allow fines to be attached, be dealt with?

The immigration and residence Bill will be dealt with next year. The enforcement of fines Bill will be dealt with later this year.

The Grangegorman Development Agency Bill 2004 was published last week. Will the Government make time for Second Stage in this Dáil term to progress the new campus for the DIT?

The Chief Whip informs me it is unlikely given the workload between now and the summer recess.

Will the Tánaiste request that the Government try to fit it in as it is important to progress this as quickly as possible?

A Deputy

It has been promised for seven years.

I do not want to make a commitment and then be accused of not abiding by it.

I am just asking the Tánaiste to try.

If Michael O'Leary were chairman, I bet the Tánaiste would push it through.

The Deputy should not be concerned about Michael O'Leary.

Given the ongoing disgraceful conditions that apply in accident and emergency units throughout the country, does the Tánaiste not agree it is imperative that the nurses and midwives Bill be brought forward to address that critical area of need, namely, the provision of beds and nurses at the coalface of acute hospital delivery?

The Tánaiste should answer on the legislation only.

It is not possible at this stage to say when we will discuss the Bill. However, the Government yesterday cleared the heads of the health and social care professionals Bill. Much progress has been made by the Department of Health and Children on the legislative programme.

Will the heads of the Bill be circulated?

Yes, I believe so. The Minister for Health and Children intends to circulate them.

The Commission to Inquire Into Child Abuse Act 2000 (Additional Functions) Order, SI 280 of 2001, which dealt with inquiries into vaccine trials has, I understand, been struck down by the Supreme Court. I also understand that the Minister for Health and Children is considering this matter. Are additional amendments to the Act envisaged as a result of his consideration of this issue?

The Minister will proceed with amendments to the legislation later this year.

Approximately ten years ago, one of the front runners for leadership of Fianna Fáil, Deputy Cowen, promised that the blood transfusion service in Cork would have a new building. It seems this has not happened.

Does the Deputy have a question on legislation?

Yes, my question is connected with legislation.

Could the Deputy come to the question? A number of Deputies are offering and I would like to facilitate them all. This is not possible if one Deputy monopolises all the time.

This is hardly a monopoly. I have been speaking for about two seconds.

However, what she said was not appropriate to the Order of Business. She went back ten years.

It is important to put this in context. At present, there are buckets holding the rain coming in through the roof-——

The Deputy is out of order.

No, I am not.

The Deputy should resume her seat if she is not going to address the legislation.

I will tell the Ceann Comhairle to what legislation I refer.

What legislation is the Deputy speaking about?

The Irish Medicines Board legislation.

The Tánaiste should address the Irish Medicines Board legislation.

That will be next year.

Dr. Joan Power, the director of services in Cork, has been suspended.

The Deputy should submit a question to the appropriate Minister on the matter.

This woman blew the whistle on the people in Dublin and she has now been suspended.

Deputy Lynch should resume her seat.

This is obviously a matter of national importance given the damage done to women and haemophiliacs.

Will the Tánaiste confirm that the final amended version of the EU Constitution will require a referendum in this State? When does she envisage the Government bringing forward legislation providing for a referendum of the people? When does she expect the referendum to take place?

The constitution will obviously require a referendum. We envisage that will be some time in the next two years. I am sure the Deputy would like to join with me in congratulating the Taoiseach, the Minister for Foreign Affairs, Deputy Cowen, and the Minister of State at the Department of Foreign Affairs, Deputy Roche, on doing a fantastic job on behalf of Ireland and the European Union in succeeding in having the constitution adopted.

It is a pity they could not do the same for the Irish language.

I am sure Deputy Joe Higgins would want to do that, even if he might not agree with everything in it.

It would be treacherous for me to welcome the new constitution. However, when will the legislation be brought forward?

It will be some time in the next two years. I have not yet got a date.

The Tánaiste might have walked before then.

Given that both parties in Government have acknowledged that neither has a monopoly on caring and compassion, and to facilitate——

Has the Deputy a question on legislation? Some of his colleagues are offering and I wish to facilitate them.

I refer to important legislation to facilitate a meeting of minds on this matter. The health and social care professionals Bill would seem an adequate and appropriate opportunity for the Government to come clean on the issue of caring and compassion.

That legislation will be published this session.

Will it be soon? Will it be this century?

Yes. As there are only two weeks left in the session, it will obviously be soon.

The VHI is seeking an increase in charges from the Government. Given that, since Fianna Fáil and the Progressive Democrats Party took office in 1997, VHI charges have increased by more than 93%-——

Does the Deputy have a question on legislation?

I have a question.

She should address the legislation. Otherwise, I will move on to the next business.

The Ceann Comhairle should not be so rude.

In view of that very steep increase, is there any intention to review the risk equalisation legislation?

That does not arise. I call Deputy Gormley.

I have not finished my question.

The Deputy has been given a chance. She is not asking about legislation but about VHI charges. I call Deputy Gormley.

Is there an intention to review the risk equalisation legislation? Will new legislation be brought forward?

Is legislation promised?

No legislation is promised. I call Deputy Gormley.

I want to finish my question.

There is already legislation in that area.

I am asking whether the Government will review the risk equalisation legislation in the context of the proposed Voluntary Health Insurance board (corporate status) Bill.

Is a review promised?

No review is promised. I call Deputy Gormley.

We should bring forward that Bill, which is--——

The Deputy has made her point.

I have not had an answer yet.

She has been told no legislation is promised.

Legislation is promised. I am asking that the Government bring it forward to an earlier date. That is all I am asking.

No legislation is promised. The risk equalisation legislation has already been passed. The VHI Bill is due next year.

Will the Government not bring it forward?

Thank you.

I call Deputy Gormley.

On a point of order, the rudeness of the Chair towards Opposition speakers is outrageous and is making the job of the Opposition virtually impossible. I want the Chair's guidance on how we might deal with the matter. The Chair's rudeness is outrageous.

It is simple. If the Deputy obeys Standing Orders, we will progress the business much quicker than at present. Standing Orders are specific and the Chair will implement them without fear or favour. The Chair will not be intimidated.

The Chair implements Standing Orders in one direction only.

The Chair will not be intimidated by Deputies on either side of the House.

That cant about being intimidated does not wash. The Chair is downright rude to Members on this side of the House when they try to raise legitimate issues.

I ask the Deputy to withdraw that remark.

I will not withdraw my remark.

Then the Deputy must leave the House.

I will not leave the House.

I move: "That Deputy Stagg be suspended from the service of the Dáil." Is that agreed?

Deputies

It is not agreed.

In accordance with Standing Orders, the division will take place tomorrow morning. The Deputy will now leave the House.

Then there will be more to say, and it is your fault, Sir. The Chair's attitude is intolerable.

The Deputy will now leave the House.

I will not leave the House.

The House will be suspended for five minutes to give the Deputy an opportunity to leave.

Sitting suspended at 11.12 a.m. and resumed at 11.18 a.m.

I call Deputy Gormley.

Will the strategic national infrastructural Bill, which will fast-track the building of incinerators, be published before the summer recess?

As the matter has not yet been cleared by the Cabinet, I am not in a position to say when it will be published.

When I asked about the legislation yesterday, I was told by the Minister for Defence that it would be published shortly. Will the Tánaiste define "shortly" because I would like to know will it be published in 2004?

The Chief Whip tells me it is more likely to be 2005.

I call Deputy Allen.

On a point of order, Deputy Stagg has left the House. May I ask you, a Cheann Comhairle, in the calm of your offices, to view the tape of this morning's proceedings?

That does not arise on the Order of Business. If the Deputy has a problem, he is welcome to come to the Office of the Ceann Comhairle. I call Deputy Allen.

My party is not prepared to acquiesce in the manner of interruptions caused to each of my Deputies as they rose this morning. A Cheann Comhairle, I ask you in calmer times to view the tape and the interactions that took place this morning.

The Deputy has made his point.

In view of the new caring philosophy of the Government, when will the thousands of tenants throughout the country anxiously awaiting the enactment of the Residential Tenancies Bill see the Bill enacted? It is on the agenda for today but it is unlikely to be reached. It has been shoved off the programme for tomorrow to facilitate the airports Bill so it is unlikely to pass all Stages before the summer recess.

It will be back on the agenda tomorrow. Report Stage will be taken in the morning.

When will it be enacted?

Obviously when it passes all Stages.

My other question is about the water services Bill. When will it be brought before the House?

I am advised it is on Committee Stage in the Seanad.

Will it come before this House before the recess?

I doubt it.

Pyramid selling and gifting schemes have once again taken off like wildfire and gullible people are being ripped off. The last time I asked the Tánaiste about this, she replied that common sense was the best remedy. Unfortunately, many people do not appear to be endowed with common sense with regard to this gifting scheme. Are there plans to introduce legislation to control this activity and to prevent people being ripped off?

No specific legislation relating to that matter is planned. However, the legislative programme on consumer issues, including enacting EU directives, is currently being reviewed by my Department and the Office of the Attorney General. Clearly, that matter will have to be considered in the context of the Sale of Goods and Supply of Services Act.

Outside the House yesterday the Minister for Justice, Equality and Law Reform promised legislation to increase, yet again, the number of judges. The number of judges has doubled since 1960. They are as capable of being corrupt as any politician, journalist, civil servant or other person, and the expansion of the Judiciary in this way is unacceptable.

Does the Deputy have a question on legislation?

Yes, this matter should be brought before the House. The Minister is proposing to amend a Bill, and that is unacceptable. The legal profession is the only profession whose leader is in the Cabinet.

To what legislation is the Deputy referring?

This is a serious and grievous matter.

To what legislation is the Deputy referring?

Legislation which the Minister for Justice, Equality and Law Reform announced outside the House yesterday. His intention is to increase, yet again, the number of judges. This must be brought before the House so the issues about which I am concerned can be raised and discussed.

The Government has agreed to amend the Civil Liability and Courts Bill to provide for the appointment of additional judges. When one makes a comparison with all other European countries, Ireland is at the bottom in terms of the number of judges for our population. It is at about 50% of the level in some countries and the number of judges is substantially lower than the number in Scotland, Wales and England.

The House should conduct an independent assessment of that. It could be done by the Comptroller and Auditor General.

That does not arise on the Order of Business.

The Deputy will have a chance to debate it because the Bill will be before the House shortly.

I am most concerned about this. Some judges are far too close to members of the Government.

The Deputy is out of order. I want to call Deputy Costello but if the Deputy wishes to disrupt the business we will proceed immediately to No. 18.

A Cheann Comhairle, you should be protecting the rights of this House and the separation of powers.

The Deputy has made a valid point.

One of the longest standing Bills on the Order Paper is the Proceeds of Crime Bill 1999. The Minister for Justice, Equality and Law Reform has tabled a volume of amendments which is almost three times the size of the Bill. Is it appropriate that legislation which is five years old and out of date should be swallowed up by amendments and should still be on the Order Paper? Second, when will the legislation be dealt with?

Clearly, it is preferable to amend the Bill before it is passed rather than be obliged to introduce further legislation when it is passed. Perhaps the Whips will discuss when time might be provided for Committee Stage of that Bill.

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