Dáil Éireann díospóireacht -
Tuesday, 17 Oct 2006

Vol. 625 No. 4

Order of Business.

The Taoiseach

It is proposed to take No. 10, motion regarding the proposed approval by Dáil Éireann of the terms of the Protocol on Explosive Remnants of War, referred to as Protocol V, of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects; No. 11, motion regarding the proposed approval by Dáil Éireann of the sectoral plans in accordance with section 31(6) of the Disability Act 2005; and No. 3, the Nuclear Test Ban Bill 2006 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that No. 10 should be decided without debate and the following arrangements shall apply in respect of No. 11 — if not previously concluded, proceedings shall be brought to a conclusion after 65 minutes and speeches shall be confined to Ministers or Ministers of State and to the main spokespersons for the Fine Gael Party, Labour Party and the Technical Group, who shall be called upon in that order and who may share time, and will not exceed 15 minutes, with a Minister or Minister of State called upon to reply in a statement not exceeding five minutes.

Private Members' business shall be No. 27, Road Traffic (Miscellaneous Provisions) Bill 2006 — Second Stage. If not previously concluded, proceedings thereon shall be brought to a conclusion at 8.30 p.m. on Wednesday, 18 October 2006.

An Ceann Comhairle

There are three proposals to put to the House. Is the proposal for dealing with No. 10 without debate, motion regarding proposed approval by Dáil Éireann of the terms of the Protocol on Explosive Remnants of War, referred to as Protocol V, of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects, agreed? Agreed.

Is the proposal for dealing with No. 11, motion regarding the proposed approval by Dáil Éireann of the sectoral plans in accordance with section 31(6) of the Disability Act 2005, agreed? Agreed.

Is the proposal for dealing with Private Members' business agreed? Agreed.

Mr. Kenny

Does the Government propose to take action to regulate the sale of drugs over the counter that are, in some respects, as lethal as ecstasy tablets? When does the Taoiseach expect to be able to make a case to the European Competition Authority in respect of the privatisation of Aer Lingus in the context of his reply to a question earlier? In respect of the Road Traffic (Miscellaneous Provisions) Bill and the announcements made this morning, can the Taoiseach give an indication of when the approximately 600 cameras will be installed, whether it will be this year or next year?

An Ceann Comhairle

That is a question for the line Minister.

Mr. Kenny

My fourth question is for the Ceann Comhairle, in accordance with his high office. Two oral questions which I put to the Taoiseach were transferred by the Ceann Comhairle to the Minister for Finance. In both instances, the Ceann Comhairle removed the word "specific" from my original question in regard to the activities of the Department of the Taoiseach. Will he explain why he altered the wording of questions he transferred to the Department of Finance?

An Ceann Comhairle

I did not transfer the questions.

Mr. Kenny

The Ceann Comhairle wrote to me: "I wish to inform you that the following question tabled by you for oral answer has been transferred by the Taoiseach to the Minister for Finance".

An Ceann Comhairle

The Deputy has answered the question himself. The Chair does not transfer questions.

Mr. Kenny

In that case, perhaps the Taoiseach will respond. A word was omitted from the original question in his transferring of it to the Minister for Finance.

The Taoiseach

On the first question, the emergence of new substances is being examined in the context of the EU early warning system and the risk assessment process. The early warning and emergency trends sub-committee of the national advisory committee on drugs has asked the Health Research Board to raise the issue of BZP and other substances with the EU to discover whether experiences in other member states are the same. The Misuse of Drugs Act 1977 and regulations made thereunder regulate the issue. It will probably be that legislation because it regulates the control, import, export, production, supply and possession of a range of named narcotic drugs and other substances listed in the Schedules to the Act. That has commenced.

On the Competition Authority, in the first instance I will meet the European Commission to discuss several matters. The meeting is long-planned, having been in the offing for approximately a year. I will take the opportunity of raising the question. Issues concerning Ryanair and Aer Lingus will be dealt with at official level in the days immediately ahead, and that is already under way.

Mr. Kenny

Does the Taoiseach know when the road traffic Bill will come before the House?

The Taoiseach

No. I understand that drafting will begin early in the new year.

Mr. Rabbitte

Last week, without precedent, the business of the House collapsed for a third time in the course of this term. It diminished the Dáil's standing and relevance, and I am not sure that everyone abroad understands that the Government rather than the Opposition sets the business. We have not yet received an explanation from the Government of why the Bill listed was pulled, which was most unusual. The tribunals amendment Bill was tabled with the support of the House, only for it to be removed from the schedule. Where is it now? Is it intended to introduce that Bill?

When are we likely to see the privacy Bill, and does the Government intend to proceed with enactment of the Defamation Bill 2006 before publication of the privacy legislation?

The Taoiseach

What happened last week occurred many times during my time in the House. There was a list of speakers, one of whom was unavailable, and the business of the House regrettably collapsed as a result. I understood that the legislation was removed from last week's schedule because the Deputy's party objected to its being taken. However, we can restore it.

Mr. Howlin

Excellent.

The Taoiseach

I am forever making changes to the Order of Business to facilitate Deputy Rabbitte's party. He can see that I have always been helpful and co-operative. The Privacy Bill 2006 is before the Seanad.

Mr. Sargent

I see from the Order of Business that the Nuclear Test Ban Bill 2006 has been published, as have certain other measures, including the proposed adoption of the Protocol on the Explosive Remnants of War. However, primary legislation is expected regarding the export of military and dual-use goods and brokering. Six months ago, five teenagers were able to import torture equipment into Ireland from South Africa and send it to the US. There does not seem to be any legislation in that regard.

Will the control of exports Bill start to tackle that loophole in our primary legislation? In the light of the peace process, one would think that we would get our own house in order when it comes to military hardware being sent around the world by Irish teenagers. They can do so if they wish because of the lack of primary legislation. Will that be dealt with in the Bill?

An Ceann Comhairle

The Deputy may not ask about the content of the Bill.

Mr. Sargent

It is promised at least.

The Taoiseach

It will be this session.

Mr. Bruton

I have a question on transport legislation for Dublin. I recently read the Progressive Democrats' manifesto.

Mr. Rabbitte

What a sad life.

Mr. Bruton

Yes, it is sad. They had some interesting policies. They were going to eliminate the transport deficit by 2007. By 2006 we would have two new Luas lines and by 2007 we would have a metro to Dublin Airport. Does the Taoiseach feel any sense of failure, not only that we have not delivered——

An Ceann Comhairle

I suggest the Deputy submit a question to the line Minister.

Mr. Bruton

The Ceann Comhairle should let me complete the sentence.

An Ceann Comhairle

We are on the Order of Business.

Mr. Bruton

I would like to ask a question on legislation. Does the Taoiseach feel any sense of failure that not only has he not delivered the promises of his Progressive Democrats colleagues, but he has failed in his own programme to replace——

An Ceann Comhairle

The Deputy is making a statement. Does he have a question on legislation?

Mr. Bruton

——the Road Transport Act 1932 with modern legislation? There is also the Dublin transport authority Bill. We have seen neither Bill and were told that they would be introduced before the end of this session. Parliamentary counsel has not even started on the heads of one Bill, while the other will not be ready before the election. Five years on, the Taoiseach has delivered nothing, not even a bus, to change Dublin transport.

The Taoiseach

The Dublin transport authority legislation will be introduced this session and the other Bill is being drafted.

Ms McManus

There is growing concern at the Government's failure to protect patients from medical wrongdoing, including pharmacy malpractice. Yesterday the Irish Pharmaceutical Society warned that there was real risk because legislation had not been introduced and that there were no provisions to protect patients.

An Ceann Comhairle

Does the Deputy have a question on the legislation?

Ms McManus

Yes. This is a very serious matter.

An Ceann Comhairle

Perhaps the Deputy will come to the legislation. We cannot have a preamble because other Members are offering to speak and we wish to make progress.

Ms McManus

We were promised that two Bills would be delivered in 2004 to provide safeguards for patients, but towards the end of 2006 they have still not materialised. One is the medical practitioners Bill and the other is the pharmacy Bill, which has been split into two. We are still only being promised the pharmacy No. 1 Bill, but surely if the Taoiseach accepts that there is growing anxiety about patient safety he will indicate when exactly we will see it. Does it mean that this time the Government will keep its word and deliver on a promise?

The Taoiseach

The medical practitioners Bill is due this session, as is the pharmacy No. 1 Bill.

Caoimhghín Ó Caoláin

A new report commissioned by the Health Service Executive has highlighted the many inadequacies in this State's maternity services, yet the Government, throughout its lifetime, has repeatedly promised and postponed introduction of a nurses and midwives Bill. The most recent list indicates that it is expected in 2007. I ask the Taoiseach directly whether we will see the nurses and midwives Bill before the general election.

The Taoiseach

It is due early next year.

Mr. Crawford

When will the health Bill come before the House? Through the Minister for Health and Children, the former Tánaiste, Deputy Harney, the House established an independent inquiry into the death of Mr. Pat Joe Walsh. When will that be discussed in this House?

An Ceann Comhairle

No debate is promised since one only promises debates on reports. The Deputy should not raise the matter on the Order of Business.

Mr. Crawford

There is also the Teamwork report that will be used as a template for national roll-out. When will those two reports be discussed in the Chamber?

An Ceann Comhairle

The first question is in order, but the other two are not so.

The Taoiseach

The health Bill will be published next year.

Mr. Crawford

Will the Taoiseach establish——

An Ceann Comhairle

The Deputy should submit a question to the line Minister. That is the best way forward.

Mr. Costello

In view of the difficulties being experienced by the Taoiseach's constituents and mine regarding illegal fireworks, and the fact that the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, launched an advertising campaign last week, is legislation planned regarding advertisements on the Border directing Irish citizens to where they may purchase illegal fireworks?

Mr. Howlin

On the same issue, the recent Criminal Justice Act 2006 contained provisions regarding the sale of fireworks. Have they been brought into effect yet?

The Taoiseach

On the first question, no new legislation is planned. I will have to check whether those sections are in force.

Mr. Durkan

Legislation has been promised to provide for the creation of indictable offences for breaches of enforcement measures imposed by the Commission for Communications Regulation, to provide ComReg with powers to investigate overcharging and various other matters, and to provide for the establishment of an emergency call-answering service. Would it be possible to broaden the scope of the Bill before it is published with a view to ensuring against the large-scale disconnection of telephone services that we saw in recent weeks?

An Ceann Comhairle

We cannot discuss what might be in the Bill. The Deputy will have an opportunity to do that on Second Stage.

Mr. Durkan

Given the information we have, this anticipates what may not be in the Bill.

An Ceann Comhairle

The Deputy will have to find another way of raising the matter.

Mr. Durkan

I am finding it now. Given the history of Bills that have come before the House in recent times, it is more than likely the proposed Bill in respect of electronic communications (miscellaneous provisions) will be inadequate. We should ensure against fallout——

An Ceann Comhairle

We cannot discuss the Bill now.

Mr. Durkan

—— such as the large-scale disconnections, including disconnecting the few people who were fortunate enough to have broadband. Will the Taoiseach elucidate further on that?

The Taoiseach

The legislation is due this session.

Mr. Howlin

My first question, which related to fireworks, has been answered. The amendment to the Tribunals of Inquiry (Evidence) Act has already been touched on, but I did not hear the answer clearly. Is it intended to proceed with that in this session?

The Taoiseach

Yes.

Mr. Stagg

The Taoiseach may be aware the National Consumer Agency commissioned a report by DKM Economic Consultants and Kevin O'Higgins, Solicitors on management companies. The report described the new property management industry as unregulated, leading to misunderstanding of roles and responsibilities. The Minister of State with responsibility for housing was studying the matter some months ago and promised legislation to regulate management companies. Has anything happened on that?

The Taoiseach

I do not know what happened with regard to the review of the legislation, but the Minister of State met the local authorities before the summer and issued guidelines to them.

Mr. Stagg

The guidelines were effective and concerned taking estates in charge where management companies existed, but the issue of regulating management companies is the issue of concern.

The Taoiseach

I will raise the matter with the Minister of State again.

Mr. M. Higgins

Last week, to save time on the Order of Business, I asked about getting a list of United Nationa conventions which were not ratified but signed, specifically, the United Nations Convention Against Corruption for example. How many conventions that are not ratified exist and what is the time schedule for their ratification?

The Taoiseach

I am sure the matter is being followed up as it was raised last week. I will check again and get the list for the Deputy.

Mr. Broughan

The Energy (Miscellaneous Provisions) Bill comes before the House tomorrow with barely 20 minutes allowed to discuss what effectively, is a new Bill. This has happened time and again with regard to Bills from the Minister for Communications, Marine and Natural Resources. Would it be possible to allow us proper Second Stage discussion? Will the Taoiseach confirm that amendment No. 105 offers the possibility of a new refinery infrastructure in Mayo with regard to Corrib? Is the Taoiseach prepared to take up the call of Deputy Ring to lend his mediation talents to the Corrib——

An Ceann Comhairle

That does not arise on the Order of Business. I suggest the Deputy find another way of raising the matter.

Mr. Broughan

It has to do with my first question on the energy Bill. Is the Taoiseach prepared to give us more time on it?

An Ceann Comhairle

We will have not have an orderly Order of Business if the Deputy continues in that fashion.

Mr. Broughan

Second, last week we had two or three hours where nothing happened in the House when we should have sat. Will the Taoiseach give us a chance to debate Aer Lingus?

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Broughan

The Taoiseach lost one of his Fianna Fáil Deputies from the northside over the weekend——

An Ceann Comhairle

I ask the Deputy to allow the Taoiseach answer his question or we will have to move on to the next business without a reply. I call the Taoiseach on the first question.

Mr. Broughan

Is the Taoiseach prepared to give time for a debate on Aer Lingus?

An Ceann Comhairle

If the Deputy does not resume his seat, I will move on to item No. 10.

Mr. Durkan

The Taoiseach wants to answer the question.

The Taoiseach

On the Energy (Miscellaneous Provisions) Bill, I will ask the Whip and the Minister to look at the time allowed for it.