Dáil Éireann díospóireacht -
Wednesday, 19 Oct 2005

Vol. 608 No. 1

Order of Business.

The Taoiseach

It is proposed to take No. a11, motion re report of the Committee on Procedure and Privileges on definition of parliamentary activities; No. 16, statements on quarterly national household survey, second quarter 2005 and the annual population and migration estimates; No. 15, Land Bill 2004 [Seanad] — Order for Report, Report and Final Stages; No. 17, Adoptive Leave Bill 2004 [Seanad] — Report and Final Stages (resumed); and No. 18, Social Welfare Consolidation Bill 2005 — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that No. a11 shall be decided without debate; the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after two hours and five minutes and the following arrangements shall apply: (i) the statements of a Minister or Minister of State 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 15 minutes in each case; (ii) the statements of each other Member called upon shall not exceed ten minutes in each case; (iii) Members may share time; and (iv) a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. Private Members’ business shall be No. 43, motion re draft animal remedies regulations 2005 (resumed), to conclude at 8.30 p.m.

An Ceann Comhairle

There are two proposals to put to the House. Is the proposal for dealing with No. a11, motion re report of Committee on Procedure and Privileges agreed? Agreed. Is the proposal for dealing with No. 16, statements on quarterly national household survey second quarter 2005 and the annual population and migration estimates agreed? Agreed.

Mr. Kenny

I have three questions for the Taoiseach. Last year we were promised legislation for a health information and safety authority. This authority would give advice and set down guidelines in respect of protocols etc. Are we likely to see this legislation in view of the current confusion in the area?

With regard to the decentralisation programme, which is a voluntary scheme promoted by the previous Minister for Finance, today is the final day for signature for staff previously employed in the Department of Agriculture and Food in Davitt House, Castlebar, and staff must take it or leave it. They have been asked to sign up to go to Portlaoise or accept the PULSE system, which is shift work on a 24-hour, seven day week basis.

An Ceann Comhairle

That does not arise on the Order of Business. That question should go to the line Minister, the Minister for Finance.

Mr. Kenny

I understood decentralisation was to be voluntary but the terms of reference for public service benefits have been changed as a consequence. Will the Taoiseach clarify this?

Third, in view of the publication of the IMC report today on the, hopefully, ending of all criminality by the IRA and its associates, are we likely to have the opportunity for statements or a debate on it in the House?

The Taoiseach

On the first issue, the necessary legislation to provide for the establishment of the health information equality authority and the Irish social services inspectorate on a statutory basis will been included in the forthcoming health Bill, the heads of which are expected in approximately a month. The Bill has been given priority time for drafting. It will probably be taken in the House in 2006. On the second issue, I will ask somebody to check whether the change suggested by Deputy Kenny is being made as part of the decentralisation programme. On the third issue, I think we should wait until the IMC report has been published before we decide whether time is required for a debate on it.

Mr. Rabbitte

Does the Taoiseach propose to introduce legislation relating to the state of the electoral register?

Mr. Durkan

Hear, hear.

Mr. Rabbitte

He is probably aware that the Labour Party has published a Bill to deal with the matter. Does the Government intend to produce its own Bill or will it take on board the Labour Party's Bill?

The Taoiseach

I will raise the matter. Is the Deputy asking about the state of the electoral register?

Mr. Rabbitte

I have asked about the inaccurate state of the register.

Mr. Durkan

The register is incomplete.

Mr. Rabbitte

It is incomplete.

Mr. Allen

Graveyards will be electing people at the next general election.

Mr. Stagg

There are 500,000 people too many on it.

The Taoiseach

It is inaccurate.

Mr. Durkan

It is inaccurate.

Mr. Allen

It is appalling.

Ms McManus

What is the Taoiseach saying?

Mr. Howlin

What does the Taoiseach propose to do about it?

Mr. Rabbitte

What did the Taoiseach say?

The Taoiseach

I said it is inaccurate.

Mr. Howlin

What will the Taoiseach do about it?

Mr. Sargent

Does the Taoiseach find that acceptable?

The Taoiseach

I do not know whether legislation is required.

Mr. Hogan

Perhaps the Taoiseach notices the poor state of the register when he is on his walkabouts.

The Taoiseach

I do.

Mr. Sargent

I would like to ask about another fraudulent document. I was not successful, obviously, when I requested the adjournment of the Dáil under Standing Order 31 to discuss the matter. Given that companies can fold and then re-open without paying their bills and brazen out legal cases so they can bankrupt subcontractors, it seems the prompt payments legislation needs to be amended.

An Ceann Comhairle

We cannot discuss the content of the legislation.

Mr. Sargent

No publication date has been indicated for the planned company law legislation, but is there any chance that it will be brought forward in the near future? At least then we might be able to have a debate on the matter.

An Ceann Comhairle

I call the Taoiseach on the legislation.

Mr. Sargent

I would also like to know whether the Government intends to amend the prompt payments legislation.

The Taoiseach

It is expected that the 1,000 heads of the company law (consolidation and reform) Bill will be completed later this year. It will take a considerable amount of time to draft a Bill that has 1,000 heads.

Mr. Sargent

In that case, the Government should amend the prompt payments legislation.

Ms Enright

Is the Taoiseach aware that one in 12 schools loses half of its students before they reach their leaving certificate examinations? If so, does the Government intend to introduce legislation to deal with the problem? When can we expect the third level support Bill, which will deal with the difficulties in that sector, to be brought before the House?

The Taoiseach

I do not have a date for the third level support Bill.

Mr. Costello

In view of the serious difficulties with the terms of reference of the inquiry into the Brian Rossiter case, to which Deputy Rabbitte referred earlier, and in view of the serious problems with the cost of legal representation——

An Ceann Comhairle

Does the Deputy have a question?

Mr. Costello

The Government has promised to introduce in this term a Bill to consolidate the Tribunals of Inquiry Acts 1921 to 2004 and to regulate costs. Can the Taoiseach indicate when the tribunals of inquiry (consolidation) Bill will be published?

The Taoiseach

It will be published in this session. It should be before the House shortly.

Caoimhghín Ó Caoláin

Arising from the ongoing review of tax reliefs, is it intended to introduce legislation to limit the value of tax reliefs and the number of reliefs which can be availed of by any individual or company?

The Taoiseach

Any amendments in that regard will be made in the forthcoming finance Bill.

Mr. Hogan

The Minister for Justice, Equality and Law Reform has announced that he intends to introduce new legislation to require the regulation of auctioneers and estate agents. Will the Bill provide for ministerial responsibility in that regard, given that the Minister in question has not taken the best course of action in his purchase of land in north Dublin? When will the intellectual property Bill be introduced?

Ms Enright

There is a need for that Bill.

The Taoiseach

The intellectual property Bill will be introduced early next year. I am not sure if legislation is required in respect of auctioneers.

Mr. Hogan

The heads of the Bill have been approved, but I do not know when the Bill will be published.

Mr. Neville

The Taoiseach would not know anything about it because it is a Progressive Democrats Bill.

Mr. Martin

It is too early to say.

Mr. Howlin

The Taoiseach is aware that an important round of World Trade Organisation negotiations is due to commence shortly. I understand that the position outlined by the EU Commissioner, Mr. Mandelson, was opposed yesterday by the Ministers for Foreign Affairs and Agriculture and Food. Will the Taoiseach give Deputies an opportunity to listen to details of Ireland's position on the matter? Will Ireland's position be embraced in a common EU position before the WTO negotiations take place in Hong Kong?

The Taoiseach

Important meetings about this issue are taking place. The Minister could brief the House on the matter in response to a question or on the Adjournment.

Mr. Howlin

How did the Minister get on yesterday?

An Ceann Comhairle

That does not arise this morning.

Mr. Howlin

Was progress made?

Mr. Connolly

I congratulate my former colleagues in the psychiatric sector on being declared yesterday the overall winners of a national innovation award. My question relates to psychology. When will the Health and Social Care Professionals Bill 2004 be enacted?

The Taoiseach

The Bill is awaiting Report Stage in this House.

Mr. O’Dowd

When will legislation promised by the Minister for the Environment, Heritage and Local Government to establish a special division of the High Court to fast-track dealings on planning problems be introduced?

The Taoiseach

We hope to introduce the infrastructure Bill in the next session.

Mr. Broughan

Has the Government considered updating the Merchant Shipping Acts to provide for new regulations in respect of flags of convenience? I received a letter yesterday that had been posted on 22 September. I wonder if that is a record. Has the Taoiseach noticed his post has been arriving late?

An Ceann Comhairle

I call the Taoiseach on the shipping legislation.

Mr. Broughan

What does he intend to do about it?

Mr. Durkan

I remind the Taoiseach that the letter was posted on 22 September of this year.

An Ceann Comhairle

I call the Taoiseach on the first matter.

Mr. Allen

We should post our Christmas cards now.

Mr. Martin

We lost out on a few all-Ireland tickets because of it.

The Taoiseach

The provisions which it is intended to include in the maritime safety Bill require detailed legal examination. It will take some time to finalise the Bill, which will not be progressing as originally proposed.

Mr. Boyle

Does the Government intend to introduce amending legislation in respect of the Environmental Protection Agency? Such legislation is necessary, given that dioxin levels in Cork Harbour have more than doubled in the last year, that the agency cannot assess water quality in Ennis and that the agency, in issuing waste licences, is a judge in its own court.

An Ceann Comhairle

To which legislation does the Deputy refer?

Mr. Boyle

I am asking whether the Government intends to amend the Environmental Protection Agency Act 1992.

An Ceann Comhairle

Is legislation promised?

Mr. Martin

The dioxin levels have decreased by 20%.

Mr. Gormley

Not in Cork.

The Taoiseach

Deputy Boyle's remarks are incorrect. The dioxin levels have decreased.

An Ceann Comhairle

I call Deputy Durkan.

Mr. Martin

They have decreased by 20% in Cork Harbour.

Mr. Boyle

They have doubled in Cork Harbour.

Mr. Allen

The Minister for Enterprise, Trade and Employment said it himself.

Mr. Martin

The Deputy should get perspective.

Mr. Boyle

The Minister is having trouble with figures.

Mr. Martin

No. The Deputy cannot distort the EPA figures.

Mr. Boyle

The dioxin levels have doubled.

Mr. Martin

The Deputy did not even vote for sewage treatment.

An Ceann Comhairle

Deputy Durkan has been waiting patiently.

Mr. Durkan

According to a recent OECD report, Ireland is in the unenviable position of 19th out of 22 countries in terms of broadband access. The situation is getting worse by the day. Deputy Broughan has already commented on the problems in the postal services.

An Ceann Comhairle

On promised legislation——

Mr. Durkan

I will come to the legislation in just a second.

An Ceann Comhairle

I want the Deputy to come to the legislation now.

Mr. Durkan

It will be emergency legislation.

Mr. Allen

It will be fast-track legislation.

Mr. Durkan

It took nine days for a small package to travel from St. Helens in England to Maynooth, County Kildare.

An Ceann Comhairle

We have to move on.

Mr. Durkan

The service is slower than it was in the days of the horse and coach. Will the Taoiseach identify the Bill that will be introduced as a matter of urgency to galvanise the Minister for Communications, Marine and Natural Resources into action?

An Ceann Comhairle

I call Deputy Stagg.

Mr. Durkan

I would like the electricity Bill to be introduced to electrify the Minister, who has not been electrified so far.

An Ceann Comhairle

I call the Taoiseach on the electricity Bill.

The Taoiseach

It will be introduced next year.

Mr. Durkan

Mañana.

Mr. Hogan

That is confidence.

Mr. Stagg

I asked yesterday morning whether the Government will make time available to clarify the Minister for Health and Children's contradictory answers on the cuts in the home help service. I think the Taoiseach said——

An Ceann Comhairle

Is time promised?

Mr. Stagg

I am asking for Government time to be made available.

An Ceann Comhairle

I suggest that the Deputy should submit a question on the matter.

Mr. Stagg

I do not know who I can ask. Perhaps I should ask the Chief Whip. Can the Taoiseach make time available?

The Taoiseach

I do not know how one can argue there have been cutbacks if the amount of money being spent on something has increased from €12 million to €120 million.

Mr. Stagg

The Minister told me there have been cuts of 40% in the home help service for the elderly in Kildare.

The Taoiseach

It would be difficult to have a debate on cutbacks which do not exist.

Ms Lynch

The Taoiseach should explain the reductions.

Mr. Allen

He will blame the minimum wage.

Mr. Eamon Ryan

The Taoiseach has buried the metro Bill and practically trampled the earth down on it, but can we expect it to rise again in the near future?

Mr. Durkan

It is on an upward trajectory.

The Taoiseach

It will be considered by the Minister.

Mr. Crawford

Given that a great deal of money must be raised for the disabled through charity work, when will the charity Bill be in place? With regard to charges currently being imposed, when will there be an opportunity to discuss the local government rates Bill in the House?

The Taoiseach

The charities regulation Bill, which will regulate charities and ensure accountability to protect against abuse of charitable status and fraud, is substantial. It will involve statute law revision and restatement in addition to legislative reform provisions. Work is proceeding as speedily as possible with this and priority has been given to the Bill. However, it is a large Bill which reaches back over a long period. I do not have a date for it. The local government rates Bill will be taken next year.

Ms McManus

It is approximately two and a half years since the pharmacy review group presented its report to Government yet we have seen no sign of legislation in regard to pharmacies. Two Bills are promised. When will they be published? Will they be published together or separately?

The Taoiseach

I am not sure if they will be published together but both Bills are listed for next year. I understand both are being drafted but it would be unlikely that two sizeable Bills would come together.

An Ceann Comhairle

We move to No. a11.

Mr. Gormley

I wish to ask a question.

Ms McManus

For the Taoiseach to say the Bills are listed for next year does not tell us much. Does he mean early next year or late next year? Will it be three or four years before we get the legislation flowing from this report?

The Taoiseach

Both Bills are listed for 2006. I have not got a more precise date.

Mr. Durkan

We will never get that far.

An Ceann Comhairle

I call No. a11, motion re report of the Committee on Procedure and Privileges on definition of parliamentary activities. I call the Minister of State, Deputy Kitt, to move.

Mr. Gormley

On a point of order, I indicated earlier. I want to ask a simple question on legislation.

An Ceann Comhairle

Sorry, I noticed the Deputy's colleagues indicating but did not notice the Deputy.

Mr. Gormley

What is the point of coming into the House if you do not deal with us when we indicate?

An Ceann Comhairle

We must move on. The Deputy will be first tomorrow. We have moved on to No. a11.

Mr. Gormley

My question concerns simple legislation, the third level students support Bill.

The Taoiseach

It will be taken next year.