It is proposed to take No. 20, Grangegorman Development Agency Bill 2004 — Report Stage (resumed) and Final Stage; No. 21, Maritime Safety Bill 2004 [Seanad] — Second Stage (resumed); and No. 22, Driver Testing and Standards Authority Bill 2004 — Second Stage (resumed). Private Members’ business shall be No. 49, motion re nursing homes (resumed), to conclude at 8.30 p.m.
Order of Business.
There are no proposals to put to the House.
The Taoiseach provided a number of replies earlier in respect of legislation on nursing homes. Would it be possible to re-prioritise that matter? Last year, we had seven examples of emergency legislation introduced by the Minister for Justice, Equality and Law Reform, and other Ministers did so also. It appears that if real priority is accorded to some legislation it can come before the House. I do not know the difficulties the parliamentary draftsman is having with this legislation, but in view of the national concern about this issue can something be done urgently to introduce the Bill? I am sure Members of all parties will be willing to support the Government in establishing the proper legislative framework to avoid a continuation of such a scandal.
The Deputy has made his point.
I raised this issue yesterday and felt the Taoiseach was not very clear in his understanding of the importance——
The Deputy must ask about legislation. There is no need for a discussion in advance. There will be an opportunity tonight during Private Members' business.
I am not having a discussion. The proposed legislation is made up of two parts. One is the health information equality authority Bill, which includes the inspectorate. In view of the Taoiseach's current understanding, which I presume has increased as a result of the great public concern about the need for an inspectorate, will he introduce legislation now, solely with regard to the inspectorate, before we rise for the summer recess, even if must delay the date of rising? Will he thus ensure the inspectorate is in place before the House rises? The health Bill could be taken in the autumn.
The Deputy has made her point.
That would be an appropriate way to deal with this matter of major public concern.
The public awareness and outrage over this matter indicate a demand for legislation. I hope that all in this House recognise the need to respond practically, with legislation, and if necessary a Supplementary Estimate if the Health Service Executive does not have the spare bed capacity, if it closes a nursing home.
The Deputy has made his point.
We need legislation on the matter. If a Supplementary Estimate is needed, will it be available?
I join other Deputies in asking the Taoiseach and the Minister for Health and Children to heed the outrage of the community and put in place before the summer recess emergency legislation to establish an independent inspectorate for nursing homes. This is a matter of life and death, and we earnestly appeal to the Taoiseach to respond.
The health Bill, which is to provide for the establishment on a statutory basis of the health information equality authority and the Irish social services inspectorate, also covers a statutory framework for the handling of complaints within the health services. It takes account of the review of the Health (Nursing Homes) Act 1990 and the 1993 regulations, and of the efforts made within the HSE since it took over at the beginning of the year to integrate the ten systems which were in existence and see how this will best work in future while operating independently of the HSE.
Therefore, it concerns many policy issues and reviews. I understand the concern of Deputies but it is not a question of racing on with legislation. The issues must be thought through. Hopefully, all the work will be finished so the Bill will come before the House on our return. It is not a question of a Bill which the Office of the Attorney General can draw up overnight. I have talked to people concerned and they have advised me this is the position. Hopefully we will have the Bill before the House in the autumn.
Given the response of the French people to the EU constitution referendum, and in anticipation that the Dutch will follow suit, will the Taoiseach say if, in terms of publication and the consideration of the referendum Bill in the House, there is any reconsideration going on in Government about the position we have now reached?
Considering that the French working class has dealt a body blow to the EU constitution because of its neo-liberal thrust, will the Taoiseach accept that the constitution is dead in the water? To repeat Deputy Rabbitte's question from a different perspective, does the Government propose to postpone the legislation which was to be brought before the House before the summer recess?
Can I ask the Taoiseach——
The Deputy must be brief. We will not have a debate. The Chair has tried to be flexible this morning but clearly that approach has not worked.
Will the Taoiseach indicate if he is approaching this issue from the same point of view as that of the British Prime Minister, recognising that the EU constitution is dead in the water?
That does not arise.
The Government has published a Bill to amend the Constitution to incorporate the draft EU constitution. In the context of the French people's decision to reject that constitution, and the likely rejection in the Netherlands when the Dutch people vote today, is the Taoiseach still determined to put what amounts to a dead duck in the Constitution?
The referendum is being held in the Netherlands today and the issue will be discussed at a meeting of the European Council in two weeks' time. I will not make any reconsideration until I have heard what all our EU colleagues have to say. I will then report to the House.
One of the Ministers knows the facts.
We have had the $50 million man, by way of a Minister. We have had the Red Cow roundabout, and we have had the small tunnel for big trucks.
Has the Deputy a question appropriate to the Order of Business?
This is about legislation. Could the invisible man, the Minister for Communications, Marine and Natural Resources, attend the House to bring forward the legislation he has removed from the Order Paper, the Postal (Miscellaneous Services) Bill? I hope the Taoiseach will not be invisible now, like the invisible man.
He is incommunicado.
Did we offend him? Was it something we said?
That Bill has been taken off the list.
Everything has been taken off the list. This is important legislation and should be brought in now.
I wish to raise an issue regarding secondary legislation. Last Thursday, the Sea Fisheries (Conservation and Rational Exploitation of Scallops) Regulation SI 245 of 2005, appeared on the Order Paper in the non-statutory section. I asked two questions then and was promised answers. I asked why these regulations appeared in the non-statutory section of the Order Paper and also if there was an awareness in Government that these regulations will devastate the scallop fishing community in Kilmore Quay.
The Deputy may not discuss the content of the regulation.
I asked for a debate on this regulation. The Minister for Finance, who was taking the Order of Business last Thursday, promised to discuss the matter and revert to me. The regulation has caused untold anger and frustration in the fishing port of Kilmore Quay.
We cannot have a debate on the matter now.
I presume the Taoiseach has heard about the matter from the Minister for Communications, Marine and Natural Resources, who this morning said there is no money or compensation available for a community which will be devastated.
The Deputy has made his point. We cannot debate the issue now.
Will a debate be allowed in the House before that statutory instrument has that catastrophic effect?
There is no debate promised, though the Whips may consider the matter. The Minister met Deputies this morning regarding the issue, and the position is as Deputy Howlin outlined.
In light of the ongoing difficulties regarding nursing homes and accident and emergency services, when will the nurses amendment Bill be brought before the House so we may discuss these matters? In light of the threatened privatisation of Loughan House, when will the prison service Bill be brought to the House so we may discuss that issue?
I have no date for the introduction of the nurses amendment Bill, which will update the provisions relating to the regulations for nurses and midwives, nor for the prison service Bill, though the legislation is being prepared.
The investigation by the Health and Safety Authority into the tragic deaths of five teenagers in County Meath is welcome, but it has refused to investigate the death of another child.
Has the Deputy a question appropriate to the Order of Business?
Will appropriate legislation be introduced to ensure the Health and Safety Authority will investigate the death of a young person in Mayo as a result of road conditions? The HSA can carry out the investigation in Meath but not one in Mayo.
I suggest the Deputy submits a question.
There is a health and safety Bill currently before the House, though I am not sure which Stage it is at.
I support the remarks made by my colleague, Deputy Howlin, regarding the fishermen of Kilmore Quay and Dunmore, and the deal done before Christmas by the Minister of State, Mr. Gallagher, which has left those fishermen struggling to make a living.
That does not arise on the Order of Business.
I want to ask about legislation. I understand the Fisheries (Amendment) Bill must be brought to the Dáil in the next 25 to 30 days in an emergency manner. We have had much emergency legislation this year and we have been asking for more. Is it the case that if we do not introduce the Fisheries (Amendment) Bill in the next few weeks, we will not be able to license all our sea-fishing boats and ——
We cannot discuss the content of legislation.
This is a Government of emergency legislation. Nothing seems to be planned and we do not seem to have any carefully planned approach to business.
The people of Kilmore Quay will be devastated by the statutory instrument.
Allow the Taoiseach to answer the question.
People's houses are on the line.
The Maritime Safety Bill will be in the House today.
We were reminded that it is ten months since the publication of the first interim report of the Morris tribunal. Will the Taoiseach explain why there is a reluctance to debate this report in the House? Will he indicate whether time will be made available in the near future for such a debate?
I understand the Minister for Justice, Equality and Law Reform is quite happy to have a debate on it.