It is proposed to take No. 17, the Criminal Justice Bill 2004 — Second Stage (resumed); No. 16, the Employment Permits Bill 2005 — Second Stage (resumed); and No. 18, the Parental Leave (Amendment) Bill 2004 [Seanad] — Second Stage (resumed). Private Members’ business shall be No. 44, motion re delivery of health services (resumed) to conclude at 8.30 p.m.
Order of Business.
There are no proposals to put to the House.
The Taoiseach might let me know when he finds out the answer to the question raised last week about the implementation of sections of the Children Act, particularly section 111 and others. I raised the matter previously on a number of occasions dealing with issues related to child protection.
It has been well signalled that the Government is to announce shortly the be all and end all of transport plans. Will the Taoiseach agree that such a plan should be announced to the Dáil first, unlike what happened with the spatial strategy which was announced in the Royal Hospital, Kilmainham? That strategy was never discussed subsequently in this House.
This time it is a bigger turf.
Does the Deputy have a question that is appropriate to the Order of Business?
It is a major Government plan dealing with infrastructure.
We cannot discuss such plans on the Order of Business.
We have been awaiting the Minister of State's proposals for Dáil reform for quite some time. When the Government is making major announcements of national importance, they should be announced in this House first.
The Deputy has made his point.
If the Government wants to make public relations displays afterwards — and the Minister, Deputy Roche, is very much into that — it can feel free to do so.
I have not made a single announcement yet. Deputy Kenny will be the first to know. I will give him a copy.
The Minister will do anything for a headline.
Whenever the Minister makes an announcement I am sure questions can be tabled and he is answerable to the House on the issues.
He has been very kind of late but this is the €20 billion question.
The next tunnel will be higher.
Tunnels all over Europe are four metres high.
Drivers do not have to let the air out of their tyres to get through them.
We should not be allowing high trucks into this country, wrecking the place.
The Minister of State, Deputy Callely, will have no problem getting through then.
Will the Taoiseach instruct the Government Chief Whip as soon as possible to facilitate a debate on the Ferns report? If I understood correctly this morning, the Government is not resiling from the commitment to have an inquiry into the Dublin archdiocese on the same issues.
In this case, it would be appropriate to have time for a debate. If the Whips can work out a suitable time for it, I would certainly support that. As I said this morning, not alone do we have to deal with the Dublin issue, but we also have to examine the remit and manner of dealing with some other issues. We have not yet worked out how that should take place. Based on Mr. Justice Murphy's report, we must try to construct how best to do that.
A Cheann Comhairle——
We cannot re-open the debate that Deputy Rabbitte had during leaders' questions.
It is for clarification.
Yes, sir.
The question has already been answered.
I accept the Taoiseach's reply and I welcome the fact the House will have an opportunity to debate the Ferns report as early as possible. However, I still get the impression that the Government is seeking to resile——
The Government is not.
That does not arise at this stage.
It does.
That matter was raised by Deputy Kenny during leaders' questions this morning and it is not appropriate to continue the discussion on it at this stage.
The Green Party also welcomes the opportunity of having a debate on the Ferns report and its wider implications. I wish to ask a question on promised legislation in this respect. Politically, there is a need for the register of persons who are considered unsafe to work with children to be fast-tracked, notwithstanding the difficulties concerning institutions in the North, given that it has been fast-tracked there.
Is legislation promised?
There is no point in the peace process replacing one kind of terror if we are going to get another kind of terror.
We cannot have a debate on what might be in the legislation. I call the Taoiseach.
We need to move on it.
I will see what we can do on that. The Deputy has a point and we should try to move it on.
In light of the Ferns report yesterday and the Taoiseach's admission today that child abuse is not limited to any particular group, will he introduce amending legislation for the Protection of Persons Reporting Child Abuse Act 1998 and the Sex Offenders Act 2001?
Is the Taoiseach aware of a lady who has been protesting about the redress board outside Leinster House since last Thursday? Will another schedule of additional institutions be introduced? Will the Taoiseach ask somebody to meet with that woman on his behalf?
For the past year, we have been getting the same answer to questions on the register of persons considered unsafe to work with children. I hope the Taoiseach will provide a different answer next week.
We have all received correspondence concerning the Morning Star mother and baby home and a number of other institutions that still have not been included under the schedule of secondary legislation. The Minister has indicated that the list we have is the final one. I urge the Taoiseach, however, to consider adding other institutions to the list, including the Morning Star mother and baby home. A genuine case has been made to include other institutions in the schedule also.
The Deputy has made her point.
I will pass on the Deputy's comments to the Minister.
I have questions on two items of legislation. The alcohol products (control of advertising, sponsorship and marketing practices) sales promotions Bill was to have been published this year according to the previous legislative programme, but it does not appear on the current programme. Will the Taoiseach advise what is the status of that legislation? Why does it no longer appear on the legislative programme for this session?
The hepatitis C and HIV compensation tribunal (amendment) Bill has been held back from the earlier promised publication date and is now expected in this autumn session. Will the Taoiseach confirm that will actually happen?
The hepatitis C legislation is scheduled for this session.
As regards the alcohol products (control of advertising, sponsorship and marketing practices) sales promotions Bill, voluntary agreements have been reached with the advertising industry. Therefore, the Department wishes to hold off on the introduction of this legislation pending the outcome of these voluntary agreements to see how effective they are.
What about the legislation?
If the voluntary agreements do not work, the legislation will be introduced. However, it would be better to try to get voluntary agreement on the matter. It would be far more effective.
In view of the rapidly deteriorating situation in An Post, would the Taoiseach be prepared either to re-introduce the postal services (miscellaneous provisions) Bill to the Order Paper, or alternatively arrange for a debate during Government time, given the likelihood of a complete cessation of postal services?
Is legislation promised?
This issue has been awaiting resolution for a long time.
That issue was raised yesterday.
It concerns promised legislation.
It was raised during leaders' questions yesterday.
It was also promised legislation, however.
Time is getting short. We have less than ten days to go to a possible national postal strike.
Does the Deputy have a question appropriate to the Order of Business?
The question appropriate to the Order of Business is that I watched the Taoiseach battling through——
That does not arise on the Order of Business. I call the Taoiseach concerning Deputy Durkan's question on legislation.
I am asking a question on legislation — the postal services (miscellaneous provisions) Bill — and on allowing time for a debate.
Surely it is a serious issue.
Of course it is, but it should be raised in a proper way.
It was raised in a proper manner.
It was raised yesterday by Deputy Joe Higgins.
The situation is worse today.
I am asking the Leader of the House if he will provide time to debate this important issue.
Is time promised in the House? The matter was debated yesterday.
The Taoiseach is the Leader of the House and can provide time if he wants to.
Is a debate promised?
No.
Sadly, the Taoiseach has nothing to say.
I call Deputy Costello.
The postal services do not mean anything.
Not to this Government.
The Minister for Justice, Equality and Law Reform was quick off the mark on his favourite radio programme this morning, discussing with Pat Kenny what he would do with legislation arising from the Ferns scandal.
Does the Deputy have a question on promised legislation?
The Michael McDowell slot.
Yes, it is the Michael McDowell slot.
Deputy Costello has had a fair few slots himself.
The Minister is on radio with Pat Kenny but he is not here in the Dáil when he is needed. The commission of investigations legislation was put through the House two years ago and we delayed instituting investigations into the Dublin archdiocese and other sex abuse scandals until that legislation was passed. Why is the Minister for Justice, Equality and Law Reform not using that legislation, which was passed specifically for that purpose?
The Deputy should submit a question to the Minister for Justice, Equality and Law Reform.
The Minister did not make one mention of the specific legislation.
I call Deputy Gogarty.
Will the Taoiseach use this legislation, which was passed specifically for this purpose? Investigations were delayed into sex scandals in other dioceses until that legislation was put through.
That does not arise on the Order of Business. The Deputy is being repetitive. I call Deputy Gogarty.
It is a valid question.
Yes it is, but it is one for the Minister for Justice, Equality and Law Reform. I suggest the Deputy should submit a question to that Minister.
No. The Taoiseach has to answer for the Minister for Justice, Equality and Law Reform who is not here.
He is never here when he is needed.
No. This is not omnibus question time.
My question is about legislation. Will this legislation be used for the purpose for which it was intended?
That is a question for the Minister for Justice, Equality and Law Reform. I call Deputy Gogarty.
I will put the question in a different way. Is the legislation to be appealed since the Minister for Justice, Equality and Law Reform gave no indication that the existing legislation was adequate?
Is any change to the legislation promised?
The relevant legislation is enacted.
It is enacted but will it be used?
I concur with the statements made by Deputies Sargent, Enright and O'Sullivan. I beg the indulgence of the Ceann Comhairle, before I ask about promised legislation——
There is no indulgence from the Ceann Comhairle. I cannot treat Deputy Gogarty any differently from the other Deputies.
Given the precedents, can I ask for a correction——
The Ceann Comhairle has to implement the Standing Order that is in front of him.
I ask that a correction would be made to the record of this House. During the Order of Business on 13 October this year I asked the Tánaiste if any legislation was planned in regard to refundable deposits on bottles and cans. During her reply she stated that this would be illegal under the packaging directive. However, in a reply, the Minister from the Environment, Heritage and Local Government, Deputy Roche, stated that article 15 of Directive 94/62/EC sets out that member states can adopt measures such as refundable deposits and it is up to the Government to decide if it is too costly. Can we correct the record? The Tánaiste erroneously misled the House and this should be written into the record.
I do not know the details. I will have to check it.
Given the number of scams in the country, when will we see the introduction of the Charities Regulation Bill?
The charities legislation is being drafted. It is an extensive Bill. I hope it will be ready next year.
It has been promised since 1984.
In light of the serious delay with the M3 motorway and all the implications that has for the north west, when will the Planning and Development (Strategic National Infrastructure) Bill and the roads (miscellaneous) Bill be brought before the House?
The planning and development Bill will come to the House next year. The roads Bill will also come to the House next year.
The Taoiseach is very welcome this weekend in Dublin West. Does he propose to come by bus and how long——
That does not arise on the Order of Business.
It will be a small bus.
It does because——
I call Deputy Timmins.
The Ceann Comhairle allowed great latitude to the male Deputies on this side of the House.
Sorry, Deputy.
Could I enjoy a similar consideration from the Ceann Comhairle?
How the Taoiseach travels around Dublin West is not a matter for the Order of Business. I call Deputy Timmins.
I want to ask about the provision of buses, the public transport commission Bill and the 50 buses that are missing from Dublin West.
Next year.
Are the buses coming next year?
Fifty buses missing in one constituency? It would never have happened under Deputy Brennan.
Perhaps the Taoiseach will come on one of the missing buses.
Will they all arrive at the same time?
The Government cannot miss all the time.
We got double-deckers instead.
Deputy Burton should allow the Taoiseach to answer her question.
Are the buses coming next year?
The Bill is coming next year.
The Bill is coming next year. I thank the Ceann Comhairle for his graciousness.
When can we expect to see a defence (amendment) Bill? In the interests of his own safety, did the Taoiseach discuss the issue of the proposed Easter commemoration parade next year with the Minister for Defence before he discussed it with the Defence Forces——
On the defence Bill.
——given the fact that the Minister for Defence said in the House a few weeks ago that he takes instructions from nobody?
That is tough talk.
He should discuss it with the Minister for Justice, Equality and Law Reform.
Deputy Timmins should allow the Taoiseach to answer the question on the defence Bill.
The middle of next year.
Did the Taoiseach discuss the Easter parade with the Minister for Defence?
In the light of recent events and given that the Minister for Justice, Equality and Law Reform has just joined us, will the Taoiseach inform the House when we will have legislation to protect the dead from defamation?
Is legislation promised?
The Minister for Justice, Equality and Law Reform is very much alive.
The defamation Bill will come to the House early next year.
Will it include defamation of the dead?
We cannot discuss the content of legislation on the Order of Business.
On that same issue, this is very important——
Deputy Timmins has already contributed. I call Deputy Naughten.
I listened to a journalist yesterday who was guilty of defamation speaking on local radio in a hypocritical manner.
Deputy Timmins should resume his seat.
It is very important that the Taoiseach would take that point on board.
I suggest to the Taoiseach that he might get the Minister for Foreign Affairs, Deputy Dermot Ahern, to look for the missing buses.
There are more buses on the road than when the Opposition was in power.
The Tánaiste made an announcement this morning that legislation would be introduced in the House to facilitate nurses issuing prescriptions. Can the Taoiseach indicate the legislation in question and when it will come before the House?
On secondary legislation, when will we see the regulations on veterinary medicines which must be published and enacted before the end of this month? In view of both these items of legislation, does the Taoiseach not consider it crazy that the issuing of prescriptions to animals is limited to vets——
That does not arise. The Taoiseach should reply on the legislation.
——yet both doctors and nurses can issue prescriptions for humans?
Deputy Naughten should allow the Taoiseach to answer his question on the legislation.
I presume the nurses Bill is the one in question. It is being drafted. The Veterinary Practice Act was enacted in July.
I refer to secondary legislation, regulations on veterinary medicines which must be enacted before the end of this month.
I will raise the matter with the Minister.