It is proposed to take No. 29, Sea-Fisheries and Maritime Jurisdiction Bill 2005 — Second Stage (resumed), to adjourn at 1 p.m. if not previously concluded; and No. 30, statements on the World Trade Organisation trade negotiations. It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 30 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. and the following arrangements shall apply: the statement of a Minister or Minister of State and the main spokespersons for the Fine Gael party, 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 in each case — Government, Fine Gael, Government, Labour, Government, Technical Group, sequence to recommence; Members may share time; and a Minister or Minister of State shall be called upon to make a statement in reply, which shall not exceed five minutes.
Order of Business.
There is one proposal to be put to the House. Is the proposal for dealing with No. 30, statements on the World Trade Organisation trade negotiations, agreed to? Agreed.
I thank the Chief Whip for removing the guillotine on No. 29. Is it the Government's intention to persist with the Bill given that the Minister himself has no confidence in it and that Government backbenchers have all spoken against it? I do not know whether Deputy O'Connor spoke against it. Perhaps he could not mention Tallaght in a maritime Bill.
There is no proposal before the House on the matter.
There are never proposals before the House.
If I may speak?
We cannot have a debate on the issue.
What if I have a back-up issue?
The Deputy will have an opportunity to speak on the matter during this morning's debate.
Time in the House is precious. If we are not competing, we should know.
This is an important issue, namely, the procedures we follow in respect of this Bill. The question was asked on Committee Stage whether the Government intends, as it has declared, to pass this Bill by the end of the year.
It does not arise at this stage.
It does.
It does not. I have called Deputy Kenny. If Deputy Eamon Ryan has a question on the Order of Business, his turn will come.
I will come back to it.
I wish to raise a number of matters with the Tánaiste. According to section A of the pink list of Bills expected to be published, 11 have not been published to date. We are now in the last few weeks of this session. How many of the remaining 11 Bills will be published by the end of the session or before the start of the next session?
Last month the Government announced a review of major projects, in particular those involving the health sector and including PPARS and FISP. Has the Government plans to bring forward primary or secondary legislation to deal with the consequences of that review?
I received two letters today, one from the Minister of State, Deputy Callely, and one about the Minister of State, Deputy Callely, which is unsigned.
Is this arising out of the Order of Business?
This is arising out of the Order of Business because the Minister of State wrote in his letter, "My Department is making real progress", and the other letter deals with another resignation. What is going on over there?
The Deputy should submit a question to the appropriate line Minister.
In view of the information given to the Fine Gael spokesperson on finance, Deputy Bruton, that only one in nine civil servants plan to move, is there to be another announcement on budget day——
That does not arise on the Order of Business.
——about this matter which was announced two years ago——
The Deputy's first two questions are in order.
It is a very serious matter for those concerned.
I appreciate that and therefore this matter should be raised by the Deputy in a very serious way by means of a question addressed directly to the Minister for Finance.
I would like to make this point if I may and I will sit down then.
It is not appropriate on the Order of Business.
The implementation committee dealing with decentralisation is not answerable to the Dáil and no Deputy — neither Independents nor party Members — can ask questions about it.
This does not arise on the Order of Business. I suggest the Deputy raise it in an appropriate way.
There is a list of numbers willing to travel with their jobs.
I call the Tánaiste on the first two issues. The Deputy is being disorderly. There are ways of raising it in the House.
I wish to clarify something that was raised on the Order of Business yesterday by Deputy Gormley when he inquired whether barrier-free tolling legislation would be introduced and the Taoiseach said "No". I wish to clarify that such a measure is being considered as part of the roads (miscellaneous provisions) Bill which will be published early next year.
It is a case of Ivor freelancing again.
Fair play.
Regarding the Bills referred to by Deputy Kenny, the top of the pink list says they will be published either during this session or up to the beginning of next session. I am advised this will be the case and it certainly is the intention.
Will all 11 outstanding Bills be published?
The Government is not preparing specific legislation regarding the issue in the Department of Health and Children which was raised by the Deputy. However, there will be a lot of legislation from that Department next year.
I am not in a position to anticipate what may be in the budget speech next week.
If Deputy Kenny is right and only one in nine civil servants are prepared to move, could Deputy Ivor Callely not be switched around to a few different Departments?
He would shift them all.
Allow Deputy Rabbitte without interruption.
It gives a whole new meaning to Operation Freeflow.
And it is all one way.
I ask Deputy Rabbitte to raise something appropriate to the Order of Business.
A Deputy
That is very appropriate.
May I ask about the housing(miscellaneous provisions) Bill in the context of the visit to Leinster House yesterday by the homeless group? May I ask the Tánaiste, without giving away any budget secrets like her colleague, the Minister for Justice, Equality and Law Reform, whether there will be anything in the budget to deal with the homeless grievance of the people who visited Leinster House yesterday?
The housing (miscellaneous provisions) Bill will be published next year.
I note the Tánaiste's clarification of the promise of legislation made by the Minister of State at the Department of Transport. His senior Minister has also made a statement that he will introduce legislation by the end of the year to establish the road safety authority. Following the meeting with the Taoiseach and his Minister of State yesterday, will the provision be contained within the roads (miscellaneous provisions) Bill? The road safety authority has been promised and the Minister has stated he will have the legislation by the end of the year. Can the House believe this statement?
The roads (miscellaneous provisions) Bill will deal with issues concerning the National Roads Authority. It is not my information that issues to do with road safety will be part of that Bill. I will have the matter clarified by the Minister for Transport.
The Minister promised it.
It may well be separate legislation. I am not familiar with how it will be done.
It is all over the place.
The Minister for Finance has commissioned a number of reports into the taxation system. We have been given to understand these reports will underpin decisions announced in the budget. These reports are independent assessments. Will they be made available to the Opposition parties, either in advance of the budget so that we can assess their content and judge whether sound decisions are being made on the basis of these reports or published on budget day so the Opposition can have an informed basis on which to consider the budget announcements?
I will raise the matter with the Minister for Finance.
The Minister for Finance has been asked this question on a number of occasions and he has stated it is a matter for Government. The Tánaiste is closer to Government than——
We cannot have a debate. I suggest the Deputy submit a question to the Minister.
It would be normal for reports of that kind to be published at some stage; the issue is when. I will raise the Deputy's specific query with the Minister.
I am sure the Tánaiste will join me in congratulating the Garda for three major drugs hauls since last Monday with a value in excess of €18 million. Is there any chance of getting the extra 2,000 gardaí?
That does not arise on the Order of Business.
I can only imagine what could be done if we had the full resources. It is not just murder and mayhem——
I suggest the Deputy submits a question to the appropriate Minister.
I have a number of questions. Can the Tánaiste inform the House when the Second Stage of the Tribunals of Inquiry Bill will come before the House? Will the Tánaiste lay before the House the detail of the terms of reference of the inquiry into the death of Pat Joe Walsh at Monaghan General Hospital?
That does not arise on the Order of Business.
I am asking whether it will be laid before the House or if the Tánaiste would even indicate at least if the terms of reference have yet been agreed.
On another matter, the Tánaiste has promised outside the House that legislation to allow certain categories of nurses to prescribe medicines would be taken before the end of this session. She was reported as saying the legislation would be enacted before the end of the year. When will this legislation be published? Have the heads of the Bill been agreed? When will Second Stage be taken?
Last week the House received Ireland's second report to the UN Committee on the Rights of the Child which was compiled by the National Children's Office within the Department of Health and Children. I had a parliamentary question directed to the Tánaiste which was specific to that report but the question has now been moved to the Minister for Justice, Equality and Law Reform——
That does not arise on the Order of Business.
——yet it is the Tánaiste's opinion and her Department. Will the Tánaiste not accept that the question——
The Deputy cannot pursue that matter in this way on the Order of Business. The Deputy knows——
Can a question be moved by the Questions Office or at someone's behest?
——the rules of the House the same as everybody else.
I call the Tánaiste to reply to the questions that are in order.
On the question of certain categories of nurses being prohibited to prescribe, that legislation has been passed in the Seanad and Second Stage will be taken in the House next week. It will be part of the Irish Medicines Board legislation.
The legislation relating to the tribunals of inquiry has been published. It is a matter for the Whips to decide when it can be moved in the House.
What about the Pat Joe Walsh case?
The terms of reference are a matter for the HSE but I will ensure they are made available to the Deputy and to other Deputies.
Have the terms of reference been agreed?
I think so, yes.
When will legislation dealing with bullying in the workplace come before the House?
May I ask the Ceann Comhairle's assistance in dealing with a situation where questions put by Members are not being answered. I had one question in September——
Deputy——
I ask the Ceann Comhairle to hear me out please and if it is out of order——
Deputies
Bullying in the workplace.
This is a fairly important matter.
The Chair has no control over the answers given to questions.
Could I ask the question and you can rule it out of order if is out of order?
The Chair has no control over the answers given to questions in this House and the Deputy is aware of that.
It takes eight weeks to get information from the Minister for Justice, Equality and Law Reform through a parliamentary question. On two questions I tabled this week, I was told the information was imprecise.
It might be of interest to the House that 36,000 questions have already been answered in the current year.
There are funny facts in some of them.
They were not answered.
There are 9 million bicycles in Beijing.
Could I just ask——
Sorry, Deputy Allen, you are out of order. The Deputy knows the ways in which he can raise the matter. The Deputy cannot debate the matter now. The Tánaiste, on the first two questions.
On bullying in the workplace, I understand the Minister of State, Deputy Killeen is considering that matter in the context of changes in employment legislation generally.
The Institutes of Technology Bill is on the pink list of Bills to be published before the next session. When does the Tánaiste expect that Bill will be published? Will it be published before the end of the session?
I understand it will be published before the beginning of the next session, which was the commitment.
The Tánaiste is not sure if it will be published before this session ends.
The commitment was either during this session or before the beginning of the next session, and I understand that it is on schedule to be in that timeframe. Therefore, it will be published between now and the end of January.
When the Minister of Transport, Deputy Cullen, was out yesterday throwing shapes at the semi-permanent traffic jam at the M50 toll bridge, he did not indicate — the Tánaiste did not specify this morning — the precise timescale for the toll relief through the roads (miscellaneous provisions) Bill. Hard-pressed motorists want to get through that toll bridge at least as quickly as the Minister of State, Deputy Callely, gets through his private secretaries.
Deputy Higgins, do you have a question appropriate to the Order of Business?
We are suffering out there in west Dublin. When will we get relief from this disaster?
I understand the briefing from the Department states that it will be early next year.
She may throw up her hands.
In view of the fact that 3,500 farmers and 1,500 workers are on the verge of losing their jobs in the sugar beet industry, can time be provided to discuss this important matter? This involves more than 5,000 people in total. Many years ago legislation was enacted to set up the sugar company. It brought great prosperity to many towns throughout the country. The Minister for Agriculture and Food is allowing the entire industry to be decimated. Can time be provided to discuss this important matter?
The Chair has already communicated with the Deputy that the matter would be considered for the Adjournment but in view of the fact that he has made his speech on it, it is not necessary to raise it on the Adjournment.
I will still raise it again.
Given that the Minister for Social and Family Affairs is in the House, we can get a first hand reply in a matter of promised legislation. Given that the value of the free fuel voucher is €9 per week, that it has not changed since 2002 and that over the same period ESB prices have increase by 40% and a half-bag of coal is €8——
Deputy Stagg, have you a question on legislation?
——can I ask the Tánaiste when exactly will we see the Social Welfare Bill? Maybe there might be an improvement in the free fuel allowance in that Bill.
There will obviously be a substantial social welfare package in the budget, as there has been for the past eight years——
There was not.
——and there will be a Bill to give effect to that immediately after the budget which will be brought to this House.
Given the widespread fraud within our sea fisheries, given the extension of that process in corrupting the political system and given our inability to prosecute the widespread fraud cases in the fisheries area now before the DPP and elsewhere, does the Government intend to keep to its commitment to get all Stages of the Sea-Fisheries and Maritime Jurisdiction Bill 2005 through.
Deputy Ryan, you can raise that matter on the Bill itself.
I am returning to it because I did not get an answer on the Order of Business.
As the Deputy knows, the Bill is before the House today for Second Stage——
The Deputy knows nothing.
——and the Deputy can make his contribution there.
As a Deputy who is trying to assist in putting this Bill through, and this was raised in our committee yesterday, I have to say that it appears the Government is utterly divided on it. It is impossible to know its position. One Minister seems to have a different view to another. One backbencher is fighting with the Minister.
Deputy Ryan, you are making your Second Stage speech now.
I have made my Second Stage speech. On the Order of Business I demand to know where is this Bill, when does the Government intend enacting it and——
The Bill is before the House at present——
Is the Government committed to putting it through all Stages by the end——
——and it is a matter for the House to decide whether it wants to approve Second Stage.
On the Order of Business, does the Government, as it has committed——
We cannot have a debate on what might happen to a Bill that is already before the House.
No, this stage is to ask when is a Bill due to go through the various processes. That is in order on the Order of Business.
The Bill is before the House and it is a matter for the House to decide what to do with the Bill.
The Government has given a commitment. I just want a simple answer from the Tánaiste, that it will enact this Bill before the end of this session. Will that happen?
Sorry, Deputy Ryan, that is a matter for the House to decide. It is not a matter for the Tánaiste or the Government. The Bill is before the House now.
Would the Government like to see it enacted?
It is a matter for the House. The House will decide at the end of Second Stage what it wants to do and move on from there.
A Cheann Comhairle, I simply want to know does the Government intend to try to get this Bill through by the end of this year.
I call Deputy Burton.
Could the Tánaiste give a simple answer to my question?
I assure Deputy Ryan that I am anxious to see that legislation through because it is badly needed. The intention is, I understand, to have Second Stage through by Christmas and to have Committee Stage in January.
So, the intention is not to enact it this year.
I understand that is the wish of most parties in the House.
Not this party.
The promised legislation on the Abbotstown complex is No. 1 on the pink sheet. Have the Government parties reached agreement on the publication of this Bill before Christmas, as was promised by the Tánaiste and the Taoiseach on numerous occasions? Could the Tánaiste specify when in the next three weeks the Abbotstown Sports Campus Development Authority Bill will be published and has the Government reached agreement?
That question was raised by Deputy Rabbitte yesterday. On the Abbotstown Sports Campus Development Authority Bill, the Tánaiste.
Sorry, the Taoiseach's answers varied. We were promised it this session. Yesterday he said "soon".
Deputy Burton, we can hear the Tánaiste on the Bill now if you resume your seat.
I want the definition of "soon". Has it now gone into next year or will it be in the next three weeks as promised?
The Tánaiste on the Abbotstown Sports Campus Development Authority Bill.
Issues around the national stadium have already been made clear by the Government. Deputy Burton will be well aware of the decision that was made to redevelop Lansdowne Road. There will be legislation on the facilities that exist at Abbotstown. I do not know when we will have that.
It is No. 1 on the list.
It is No. 1 because it begins with "A" for Abbotstown.
People with disabilities——
Sorry, Deputy Burton, what might be in the Bill does not arise at this stage.
It is not the first priority.
The Ceaucescu project.
I call Deputy Cowley.
Deputy Burton, I ask you to allow Deputy Cowley the courtesy of putting his question without interruption.
Just over a week ago somebody visiting the Dáil collapsed. Within minutes there was a paramedic service available and an ambulance service. I commend those services.
Deputy Cowley, have you a question appropriate to the Order of Business?
Yes. In my area, we wait two hours for an ambulance because there is no ambulance based at the Mulranny area, as there should be.
I call Deputy Durkan.
Also a man had his two eyes scalded out.
Sorry, Deputy Cowley, I suggest you submit a question to the line Minister.
He could not get to an ambulance because there are only two ambulances——
If Deputy Durkan does not want to ask a question, we will move on to Deputy Rabbitte's Private Members' Bill.
He does.
We need the same service as they have in Dublin.
Deputy Cowley, you cannot abuse the Order of Business in this fashion.
On health and safety legislation, has the Tánaiste had any discussions with the Taoiseach with a view to reining Ivor the Terrible in before he chases off all the departmental staff?
That does not arise on the Order of Business.
The second matter I raise relates to something that is obviously lacking on the Government benches. The Energy Bill is still floundering around somewhere. It was promised.
The Energy Bill, the Tánaiste.
There is not much energy coming from that quarter at present but the Tánaiste might have some good news on both of those issues. I ask her not to forget the health and safety issue.
The Government is not planning any specific legislation on the Minister of State, Deputy Callely.
Emergency legislation maybe.
We will have the Energy Bill before Christmas.
Could they not rush it through the House?
On the maritime Bill, since the Progressive Democrats is the only party that has not expressed a view on Irish Ferries, what is the view of the Tánaiste's party?
Sorry, Deputy Rabbitte, that does not arise on the Order of Business.
I expressed it.
Does it have a view, a Cheann Comhairle?
Sorry, Deputy Rabbitte, that does not arise on the Order of Business and the Deputy knows it does not arise on the Order of Business.
Does it agree with it?
I expressed a view. Deputy Rabbitte is out of touch.
I want to ask about legislation that is promised but not listed. Last week the Taoiseach suggested that consideration was being given to the preparation of legislation which would confer independence on TG4. Is it the intention of this Government to bring legislation before the House in the lifetime of the existing Administration to establish TG4 as an independent entity? Has such a promise, which appears in An Agreed Programme for Government and in the electoral programmes of both Government parties, been abandoned?
The Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, is to bring forward legislation. I am not certain whether that matter is included. I will refer back to the Deputy on it.
I want to raise the matter of the residential long stay Bill. In light of the fact the Tánaiste has the list of people that were paid the initial €2,000, what is the reason for the delay in payments before Christmas?
That matter does not arise on the Order of Business. I call Deputy Gormley.
The residential long stay Bill is promised legislation. This matter has been ongoing for 18 months and €1 billion is still owed to the aged.
I ask Deputy Perry to allow the Tánaiste to answer his question.
There are legal issues as to why the money cannot be paid before we bring in legislation. There are many issues that relate to wards of court and so on, because of the large sums of money involved. The heads of that Bill are going to the Government in the next fortnight.
How soon will it be in the House?
After Christmas.
I thank the Tánaiste for clarifying the position as regards barrier-free tolling. Simultaneously, the Government has promised to extend tolls until 2030. Will that also be contained in this new legislation or is it the prerogative——
The House cannot discuss what might be in legislation.
Hold on. Is that going to be in the legislation as well?
We cannot discuss what might or might not be in legislation on the Order of Business.
On a point of order, there are Ministers outside of this House continually, and this is the problem, who promise——
That is not a point of order.
It is a point of order. We are not getting——
I call Deputy Ring.
Yesterday the Taoiseach was quite emphatic and said "No". The Tánaiste has clarified the position today——
Deputy Gormley is out of order and I ask him to resume his seat.
I do not believe I am.
That is the Deputy's viewpoint, but the Chair has ruled on the matter and it is time he started to obey the Chair. I call Deputy Ring and ask Deputy Gormley to resume his seat.
Now that the Freedom of Information Act has gone and we cannot get information from local authorities, when will a Bill be brought before the Dáil, to empower the Ombudsman? The Ombudsman is the only recourse we have for information and she should be given more powers. We cannot get an answer from any Minister, health board or local authority, so it is time to give powers to the Ombudsman and forget about this House.
Hear, hear.
The FOI legislation has not been abolished.
It is disabled.
The Ombudsman legislation is scheduled for the end of next year.
It will be neutered.
In the case of the Labour Party's mercantile marine Bill, did the Tánaiste tell the Taoiseach she would leave Government rather than support it?
We have to move on.
The Tánaiste wants to answer.