Dáil Éireann díospóireacht -
Tuesday, 25 Oct 2005

Vol. 608 No. 3

Order of Business.

The Taoiseach

It is proposed to take No. 9, motion re ministerial rota for Parliamentary Questions; No. 10, motion re statement of expenditure for Houses of the Oireachtas; No. 11, motion re referral of Social Welfare Consolidation Bill 2005 to Standing Joint Committee on Consolidation Bills; No. 15, statements on the Lisbon National Reform Programme; and No. 16, Employment Permits Bill 2005 — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that the Dáil should sit later than 8.30 p.m. tonight and business shall be interrupted on the adjournment of Private Members' business, which shall be No. 44, motion re delivery of health services and taken for 90 minutes at 7 p.m. or the conclusion of No. 15, whichever is the later. Nos. 9, 10 and 11 shall be decided without debate and the proceedings of No. 15 shall, if not previously concluded, be brought to conclusion after two hours and 20 minutes and the following arrangement shall apply: the statements of a Minister or Minister of State and of the main spokespersons for the Progressive Democrats Party, 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; the statement of each other Member, who shall be called upon in the following sequence, shall not exceed ten minutes — Government, Fine Gael, Government, Labour, Government, Technical Group; Members may share time; and the Minister or Minister of State shall be called upon to make a statement of reply which shall not exceed five minutes.

An Ceann Comhairle

There are three proposals to put to the House. Is the proposal for the late sitting and the taking of Private Members' business agreed? Agreed. Is the proposal for dealing with Nos. 9 to 11, inclusive, agreed?

Mr. Boyle

We protest at three motions of differing natures being put forward together by the Government. I also want to express our concern on No. 11, which will allow the Minister for Social and Family Affairs to appoint three additional people to the committee. I appreciate he is restricted to three positions but of those nominations, recognition is given to only two Opposition spokespersons on social and family affairs. While the consolidation Bill will not be able to effect many changes in terms of amendments, I do not believe it a good practice for this House.

Caoimhghín Ó Caoláin

With regard to No. 10, proceeding with this matter in the absence of a proper debate denies the Dáil the opportunity to review the progress thus far of the Houses of the Oireachtas Commission. It is a matter which merits address in this House because there are significant and important matters that cannot be dealt with at Whips' meetings but need to be addressed here. Of a number of items which I could cite, I note only one, which is that the Houses of the Oireachtas Commission has no direct representation from any of the component parts of the Technical Group as represented in this Chamber. That is a glaring omission and one that merits address and redress quickly. Therefore, we should accommodate a debate on this proposition and, if that is not what the Taoiseach intends to do, will he will accommodate such an opportunity during Government time before the end of this term?

The Taoiseach

Debate on the Book of Estimates will take place later next month and the points could be made then because the Houses of the Oireachtas Commission will be included in that.

Mr. Boyle

Is the Taoiseach willing to respond on the consolidation Bill?

An Ceann Comhairle

Deputy, I am putting a question.

Question "That the proposal for dealing with Nos. 9 to 11, inclusive, be agreed to" put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 15 agreed? Agreed.

Mr. Kenny

Most people's sense of dignity was offended last weekend by the headlines carried without foundation in many newspapers on the circumstances in which a former Member of this House, Mr. Liam Lawlor, died tragically. The defamation Bill is listed for publication in early 2006. Is it intended that this date will stand or are we on line for the publication of the Bill, which will deal with standards and the consequences of the reports from the Law Reform Commission, the Commission on the Newspaper Industry and the legal advisory group on defamation and when are we likely to see the Minister's proposals for a press council in that regard?

In each of the past two years, the Minister for Justice, Equality and Law Reform promised legislation to deal with certain circumstances surrounding Halloween festivities. Nobody wants to put a damper on fun but there are circumstances where people are trapped in their houses and where illegal fireworks cause serious injury to children and young people. What is the status of the legislation we were promised?

In view of the Government's decision to appoint a mediator for the Corrib Shell gas dispute, when is that likely to happen?

In recent weeks, questions put to the Tánaiste and Minister for Health and Children are referred to the Health Service Executive and the stock answer is that all these matters are now the responsibility of the HSE. Yesterday, Government Members made a spate of announcements on allocations of funding for——

An Ceann Comhairle

That is not on the Order of Business.

Mr. Kenny

——clinics and hospitals all over the country. If the HSE is entirely independent, how do we have a situation whereby Government Deputies and Senators——

An Ceann Comhairle

The question does not arise on the Order of Business.

Mr. Kenny

It does arise.

An Ceann Comhairle

It does not arise at this stage.

Mr. Kenny

Either the HSE is independent or it is not. Every local radio station — good for them — can announce little grants in which they had no function whatsoever, if that is a matter for the HSE. Is it independent?

Mr. Durkan

Who makes policies?

An Ceann Comhairle

Deputy Kenny may raise it during leaders' questions.

The Taoiseach

The heads of the defamation Bill were cleared by the Government during the summer and it is hoped to have it completed by Christmas and before the House in the next session. The press council proposals are within that legislation.

On the HSE issue, questions that were previously referred to the health boards are now referred to the HSE. Policies are dealt with by the Department but day-to-day issues are dealt with by the HSE.

Mr. Neville

That is not right. We asked questions in terms of national policies.

An Ceann Comhairle

The Taoiseach, please.

The Taoiseach

As of now, fireworks are illegal and there is no legislation to deal with——

Mr. Gormley

Go down to Grafton Street.

The Taoiseach

People have to try their best in these situations and, in particular when adults become involved, to organise and control fireworks.

Mr. Stagg

The Government was supposed to put an end to it.

Mr. Bruton

What was the point of promised legislation from the Minister for Justice, Equality and Law Reform?

The Taoiseach

There are no proposals for legislation.

Mr. Gormley

It is all spin.

An Ceann Comhairle

We are over the time allocated for the Order of Business.

The Taoiseach

I will discuss the Corrib gas issue with the Minister for Communications, Marine and Natural Resources.

Mr. Rabbitte

On the matter of the refurbishment of the defamation law, do I take from what the Taoiseach has said that the Government has decided the press council will be statutory?

The Taoiseach

Yes.

Mr. Sargent

Following a discussion I had with a widow whose husband died suddenly and equally in terms of the Lawlor family, I wish to ask a question on the coroners Bill. It seems it will be February before somebody can get a report.

An Ceann Comhairle

We cannot debate that. We are running short on time.

Mr. Sargent

The coroners Bill is a major concern to people who have suddenly lost relatives and loved ones——

An Ceann Comhairle

The House will have to sit late tonight if we go over time now.

Mr. Sargent

——in that they will not get the report for months.

On the forestry (amendment) Bill, we are cutting down the trees around Thornton Hall after paying €30 million for a farm.

An Ceann Comhairle

The Deputy cannot debate the content of the legislation.

Mr. Sargent

The forestry (amendment) Bill was promised in 2003, 2004 and 2005. There is now no date. Can we get an answer as to when it will be published?

The Taoiseach

Next year.

Mr. Sargent

To which next year is the Taoiseach referring? Can we get a clear answer on that?

The Taoiseach

In 2006.

Mr. Sargent

I asked about two Bills and am seeking clear answers in respect of both of them.

An Ceann Comhairle

The Deputy should allow the Taoiseach to answer instead of putting questions to him.

The Taoiseach

The coroners Bill is due to be ready in early 2006. I do not have a date as to when the forestry (amendment) Bill will be ready.

Ms O. Mitchell

Last June air navigation legislation was rushed through this House. It gave €9 billion worth of insurance cover on behalf of the State in respect of liabilities arising from dirty bomb attacks in Irish airports and airlines. The legislation was not debated at the time because of its alleged urgency, because we were told that it was required by European law and that there would be a reciprocal arrangement with other European countries.

An Ceann Comhairle

Has the Deputy a question on promised legislation?

Ms O. Mitchell

I have. I now discover that the Dáil was misled and no European country has given reciprocal cover. Is that legislation being repealed perhaps under the heading of the Air Navigation (Eurocontrol) Bill, which is due to be taken next week?

An Ceann Comhairle

Is the legislation promised?

The Taoiseach

Which legislation?

Ms O. Mitchell

Is the air navigation legislation being repealed? It was introduced under false pretences.

The Taoiseach

The Air Navigation (Eurocontrol) Bill was published on 1 July last and it was ordered for Second Stage on 27 October, which is Thursday.

Ms Shortall

The recent high number of tragic deaths on our roads are unfortunately part of an upward trend in serious road accidents and underline the need for political attention to be paid to road safety. The Minister promised the establishment of a road safety authority but there is no such legislation on the list. Will the Taoiseach clarify how he proposes to legislate for this? It has been suggested that it would be provided for as an amendment to the Driver Testing and Standards Authority Bill, which is different legislation dealing with a different authority. There is some confusion about this matter. We have already dealt with Second Stage——

An Ceann Comhairle

Has the Deputy a question on the legislation?

Ms Shortall

Will the Taoiseach clarify exactly how he proposes to legislate for the promised road safety authority? Will it have anything to do with the Driver Testing and Standards Authority Bill?

The Taoiseach

As I understand it, the Bill being prepared is the roads (miscellaneous provisions) Bill, which is to amend the legislation relating to the National Roads Authority and traffic. The heads of that Bill are expected to be ready prior to Christmas. Two Road Traffic Acts have been enacted and both have been amended. Some amendments are being made to the Driver Testing and Standards Authority Bill, but I am not certain what they involve. The Bill covering the issues raised by the Deputy is the roads (miscellaneous provisions) Bill.

Ms Shortall

That legislation is not on the list. The Minister responsible seems to have something to say to the Taoiseach on this.

The Taoiseach

The Minister confirms that I was right in what I said. He is looking at amendments to the Driver Testing and Standards Authority Bill but he has not brought those forward.

Ms Shortall

Looking at amendments is not adequate.

An Ceann Comhairle

I ask the Deputy to resume her seat.

Ms Shortall

I am referring to a completely different authority. Surely a road safety authority——

An Ceann Comhairle

I ask the Deputy to resume her seat. If she does not do so, she will have to leave the House.

Mr. Stagg

The Ceann Comhairle is short-tempered today.

An Ceann Comhairle

The House is aware we have agreed to sit late tonight and it is unnecessary to continue with matters that are not appropriate to the Order of Business.

Mr. Stagg

This matter is appropriate to the Order of Business.

An Ceann Comhairle

It is not appropriate that Deputy Shortall intervened a second time.

Mr. Stagg

It was appropriate. The Ceann Comhairle should not be so contrary.

An Ceann Comhairle

I ask Deputy Stagg to sit quietly, if that is possible. The Chair is conscious that the staff of this House expect to be out of the House on Tuesday at 9.10 p.m.

A Deputy

What harm about that? That is not late. We all work late.

An Ceann Comhairle

If Members continue to raise issues on the Order of Business that should not be raised on it or discuss the content of legislation, it is unfair to staff to take up the time of the House doing that.

Mr. Stagg

The Ceann Comhairle should move on to the next business and stop wasting the time of the House.

An Ceann Comhairle

I will call Deputies Perry, Quinn and Ó Caoláin and then move on to the next business.

Mr. Perry

I wish to raise the matter of illegal fishing at Killybegs in terms of the Sea Fisheries and Maritime Jurisdiction Bill. A Garda inquiry into such activity has been ongoing for 12 months and we still await a report on that. When will it be published? The inquiry is having a major impact on the Killybegs fishery, in which major State investment has been made.

The Taoiseach

The Garda inquiry in Killybegs is ongoing.

Caoimhghín Ó Caoláin

The Minister for Justice, Equality and Law Reform promised legislation to address aspects of the media in the recent past. The Taoiseach answered earlier in regard to the defamation Bill, No. 30 on the list of promised legislation, but my understanding is that perhaps the Minister was speaking about further legislation in this area. I would like clarification if what the Minister was referring to in the recent past and again this morning is further legislation apart from the defamation Bill and whether that will address what has already been rightly referred to as the outrageous and deeply wounding coverage of the tragic death of the former Deputy Liam Lawlor. Will it also address dangers in regard to a free press, given the enormous control swayed by a small number of media moguls?

An Ceann Comhairle

That matter does not arise now. I call the Taoiseach to answer the Deputy's first question on promised legislation.

Caoimhghín Ó Caoláin

I have a further question. People were promised repayment of wrongly levied nursing home charges. When will the eagerly awaited health (nursing homes) (amendment) Bill be introduced?

The Taoiseach

The defamation Bill will include provision for a press council. The second Bill the Deputy raised will brought to Cabinet before Christmas and money will be provided in the Estimates for 2006 to pay the money owed.

Mr. Quinn

Will the Taoiseach indicate if the Cabinet dealt with the building control Bill yesterday?

The Taoiseach

No, not yet, but I reminded the Departments that the Deputy is constantly asking about it and that I am constantly telling him it is almost ready.