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Dáil Éireann díospóireacht -
Wednesday, 31 May 2006

Vol. 620 No. 5

Order of Business.

It is proposed to take No. 22, International Criminal Court Bill 2003 — Report Stage, resumed; No. 23, Health (Repayment Scheme) Bill 2006 — Order for Report, Report and Final Stages; and No. 21, Planning and Development (Strategic Infrastructure) Bill 2006 [Seanad] — Second Stage, resumed. Private Members’ business shall be No. 32, Courts (Register of Sentences) Bill 2006 — Second Stage, resumed, to conclude at 8.30 p.m.

There are no proposals to put to the House.

In respect of the Dáil sitting next week, the Tánaiste will be aware of the sequence of events that must take place for legislation to go through. Obviously a Bill comes before the Dáil, must go to the Seanad and must come back to the Dáil for final confirmation. In respect of the matter to come before the Dáil next week, will it be in the form of a Bill to deal immediately with plugging the loophole in the legal system? Is it proposed that the Dáil will sit on Tuesday or Wednesday? If it must go through the Dáil and Seanad and come back to the Dáil, it may be preferable, if the Government is ready, to sit on Tuesday and have it dealt with in order that it can go to the Seanad on Wednesday and come back to the Dáil. Has the Government made a decision on this matter? Will it be a Bill and, if so, will it deal specifically with the priority issue of closing the loophole? What is the position in respect of the sequence of events that must be gone through to have the Bill passed?

It is important that we have as much clarity on this issue as we can. As of now, all we know is that the Cabinet is divided on it. There is obviously a liberal view and the opposite view.

Has the Deputy a question appropriate to the Order of Business?

We need to know that we are not getting a short Bill that, in typical McDowell fashion, will turn into an octopus as it develops. The urgency has been well enunciated this morning. I suggested to the Tánaiste, and the Labour Party Bill is available to her, that we would seek to legislate on an interim basis to shut off the loophole while the House and the country is having the necessary wider public debate. It is a wider and complex debate. There will be different and quite legitimate views in the House. On the question of young children being exposed and vulnerable——

We cannot go back over Leaders' Questions again. If the Deputy has a question appropriate to the Order of Business, we will hear it. Otherwise, I will call the Tánaiste to answer Deputy Kenny's question.

The question of young children being left vulnerable to sexual predators is not acceptable to the people and, therefore, we need an interim Bill to shut off the loophole. Will the Tánaiste clarify if that is what we will get?

I would also like an assurance that we will deal directly with the issue involved given that there are so many other issues that could be raised. Why do we need to have any day off next week? Why cannot we sit on Tuesday, Wednesday and Thursday and deal with this matter in the way we are elected to do.

That does not arise on the Order of Business. We can have a debate on it when it comes before the Dáil.

There is no reason to shut the Dáil at all. I ask that the House sit on Tuesday, Wednesday and Thursday.

On the same matter, can the Tánaiste avail of the opportunity to affirm to the House that the concept of an age of consent will be central to the legislation——

It does not arise at this stage. We cannot discuss the content of legislation and the Deputy knows that this was well discussed on Leaders' Questions. We are on the Order of Business.

It arises everywhere. Will the Tánaiste make it clear that is the Government's intention?

We cannot have more Leaders' Questions at this stage.

I confirm to Deputy Kenny that the intention is to have a Bill. There would be little point in meeting without a Bill to pass legislation. The Cabinet is meeting this afternoon and, perhaps, the matter will be clearer when the Whips meet at 7 p.m. on the logistics. I hope we can have agreement from all sides. That would be useful and helpful and I accept what the Deputies opposite have said. The intention is for the Dáil to meet on Wednesday and, if it is necessary also to meet on Thursday, that will happen.

In view of the events of recent days, and to prevent similar occurrences, will the Tánaiste say if it would be possible to bring forward discussion on the relevant legislation to track Internet spam, grooming and predatory activities?

It has been reported that the FBI and the CIA have sought access to telecommunications in this country through the Internet or text. Can that be dealt with in the course of the same legislation, the electronic communications Bill?

Electronic communications legislation will appear during this session.

Will it cover the two issues?

I am not in a position to say what it will cover.

Can the Tánaiste say what progress has been made on a decision on the location of the new children's hospital which is now about six weeks behind the scheduled time? Has she begun the process of preparing legislation as she indicated would be necessary for the establishment of the hospital?

Is legislation promised?

To have a State paediatrics hospital would require separate legislation. The group has completed its report on that matter and it is being discussed at a board meeting of the Health Service Executive tomorrow morning.

Yes, but——

We cannot have a debate on this. The Tánaiste's questions on health are tomorrow, when there will be an opportunity to discuss the matter.

What plans has the Government to introduce legislation to close the further serious loophole which has emerged in the Sex Offenders Act 2001 so those six offenders who failed to comply with post-release monitoring conditions can be brought back before the courts?

What is the situation regarding Mr. A if he takes up work tomorrow as a bus driver?

That does not arise on the Order of Business. The Tánaiste has been called.

It does arise. I want to know with regard to the sex offender register Act how he can be prevented. I have asked this repeatedly.

It does not arise. The Tánaiste has been called. The Deputy will have to find another way of raising the issue. The Tánaiste to reply to Deputy Jim O'Keeffe.

I have a question on legislation similar to this.

I will hear a question solely on legislation. We are not having a debate. We are not re-opening Leader's Questions again this morning.

This is my fourth time raising a question on the sex offenders register Act. What is the position regarding persons deemed to be freed by the courts? How are they removed from the sex offenders register and what is the situation with regard to the register of persons unsafe to work with children?

We cannot discuss the content of the legislation on the sex offenders register. I ask Deputy Burton to resume her seat and allow the Tánaiste to answer her question.

With regard to Deputy O'Keeffe's question, any deficiencies which exist in the law will be addressed. I am not briefed on the specific issue raised by the Deputy.

The matter needs to be addressed urgently.

Perhaps it will be addressed in the legislation next week. I will bring it to the attention of the Minister for Justice, Equality and Law Reform.

Regarding Deputy Burton's query, the legislation is being worked on by the Minister of State with responsibility for children, Deputy Brian Lenihan. The decision made yesterday is being appealed by the governor and will be before the Supreme Court shortly.

Yet the man involved remains free to drive a school bus or a taxi.

I want to ask the Tánaiste and Minister for Health and Children why the State claims agency on behalf of the Health Service Executive asked the coroner to step down in the Frances Sheridan case, thus delaying——

That does not arise.

When will the coroners Bill be discussed so we can raise this serious case of abuse of parents of a young child who died tragically?

We had some legislation in this area recently and there will be further legislation later this year.

There was another court decision this week, though not as serious as that rightly now preoccupying the House, which requires amending legislation. I appreciate the Government might not have had an opportunity of discussing it. Convictions against two men were quashed. This relates to amending legislation on illegal blood sports and the need to bring such legislation forward.

Is legislation promised?

I am not aware of any legislation promised in this area.

That does not mean legislation is not promised.

I am asking the Tánaiste about the provision in the Health Act 2004 which allows the Tánaiste or Government to transfer replies to any questions raised in the House to the Health Service Executive.

It does not arise on the Order of Business. We have ruled on that in the past.

The Tánaiste could answer because she is aware of the section and I am quite sure she will answer.

Will the question be answered?

It does not arise at this stage. Deputy Stagg is long enough in the House to know Standing Order 26.

We cannot find a way of getting that question answered.

There is any number of ways.

The Ceann Comhairle should tell us about them.

With regard to trafficking of women for prostitution and the recent Supreme Court decision, when does the Tánaiste expect the Minister for Justice, Equality and Law Reform to resign?

Regarding the Bill to allow long-term foster carers greater say in guardianship of children in their care, is publication expected this term? Can the Tánaiste confirm the Child Care (Amendment) Bill, formerly the Foster Care Guardianship Bill, will be taken before the summer recess?

There is a number of Bills on the Government list relating to existing agencies or establishing new ones. Can the Tánaiste tell us when these will be taken, so we can address the issue of workers and State agencies generally, or will the Government schedule an early debate on the issue of decentralisation, especially as it affects State agencies?

The Bills I wish to refer to specifically are the National Oil Reserves Agency Bill, the Employment Agency Bill and the National Development Agency Bill.

The National Oil Reserves Agency Bill was approved by the Government yesterday so it will be taken during this session, as will the child care Bill. With regard to decentralisation, I said during Leaders' Questions that it would be good idea to have a debate on the matter, and perhaps that could be discussed between the Whips.

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