It is proposed to take No. 11, motion re regional sittings of the Joint Committee on European Affairs; No. 12, technical motion re further Revised Estimates, Votes 6 and 38; No. 18, Twenty-eighth Amendment of the Constitution Bill 2008 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that Nos. 11 and 12 shall be decided without debate, and in the case of No. 12, any division demanded thereon shall be taken forthwith; Private Members' Business shall be No. 27, Cluster Munitions Bill 2008 — Second Stage, and the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 9 April 2008; parliamentary questions next for answer by the Taoiseach on EU matters shall be taken on the same day as the statements on EU Council meeting in Brussels, scheduled to be taken on Wednesday, 9 April 2008 and shall be moved to be taken first as ordinary oral questions to the Taoiseach on that day.
Order of Business.
There are three proposals to be put to the House today. Is the proposal for dealing with Nos. 11 and 12 without debate, motions re regional sittings of the Joint Committee on European Affairs and further Revised Estimates agreed to? I call Deputy Burton.
I am at a loss to understand the reason for a Revised Estimate this late in the year. The subject pertains to the public service broker arrangement, or REACH, which was meant to cost the taxpayer €14 million but eventually came in at a figure of €37 million. This note from the Whip shows clearly it has been abandoned by the Government in an under the counter fashion without a direct debate in this House. Overall, the Comptroller and Auditor General's report demonstrates that the entire business of e-government and public service access ended up costing an additional €88 million.
Reference was made to red cents earlier today in respect of the comments by the Minister for Foreign Affairs, Deputy Dermot Ahern that there was not a red cent available for the hospital in Navan. This is where the red cents have gone. They have gone down the drain. This report refers to a Cabinet decision in March to abandon the REACH project and transfer it to the Department of Finance. This is to be done under the counter without a word directly in this House and I do not consider that to be good enough. The Government must have acknowledged at the aforementioned Cabinet meeting that the public service broker project was a fiasco and that the Comptroller and Auditor General was correct to conclude that €25 million was wasted on this element of the e-government project out of a total wastage of €88 million. Incidentally, this figure does not include the €55 million to €60 million spent by the Minister for Transport, Deputy Noel Dempsey, on e-voting.
Small change.
As the Taoiseach leaves office, he comes into the House to put to bed one of the vanity projects from the time when Ireland had so much money that the Minister for Transport, Deputy Noel Dempsey, could state that €55 million was small beer——
I never stated that.
One and a half years later, the Minister for Foreign Affairs, Deputy Dermot Ahern, could state there is no money in the coffers for hospitals and that not a red cent remains. This issue should be debated on the floor of the House.
The Deputy has made her point.
This is like a Second Stage debate.
At a minimum, the Taoiseach should come before the House and acknowledge the fiasco identified by the Comptroller and Auditor General. The transfer of the service to the Revenue Commissioners——
We must move on.
——may be the best option. It is only €8 million, which is nothing to the Government. However, in a couple of months time, €8 million will mean a great deal to those who will not have their home help services. Today, Members are saying "rest in peace" to a waste of €88 million. In the context of this particular heading, the project was to cost €14 million and involved all the top people from the Departments of Social and Family Affairs, Justice, Equality and Law Reform and Finance, who agreed on a budget of €14 to €15 million.
I must ask the Deputy to conclude.
They abandoned it at €37 million and it provides no services to the public. The report of the consultant showed——
The Deputy has made her point and we cannot have a Second Stage speech.
If €25 million to €27 million are wasted and publically acknowledged——
The Deputy has made her point.
——at a Cabinet meeting at the end of March, surely Members are entitled to discuss the matter in this House.
Deputies
Hear, hear.
I will ask the Taoiseach to reply to the Deputy's point. However, I must remind Deputy Burton that a proposal by the Taoiseach on how the items of business are to be taken is a technical motion.
Sorry, Ceann Comhairle——
Excuse me, please. A proposal by the Taoiseach on how the items of business are to be taken, as the Deputy is probably aware, is a highly technical motion of narrow scope and the merits or demerits of the issue do not arise at this stage. Deputy Burton has been allowed a considerable amount of latitude and I ask the Taoiseach to reply.
This is a technical non-conversion matter relating to an issue already agreed by the Government following discussions between two Departments. The transfer of functions — obviously if one transfers the functions, one must transfer the associated funds — has been agreed with effect from 1 April. The transfer of funding is for €8.6 million in the published Estimates for the Departments of Finance and Social and Family Affairs, which now are out of date. For this reason, further Revised Estimates will be prepared for these two Departments and will be laid before the Dáil prior to discussion of those Estimates. That is all the matter concerns. The other points are not relevant to this.
I ask the Taoiseach——
I must put the question because it is not in order for Deputy Burton to respond.
Tá
- Ahern, Bertie.
- Ahern, Dermot.
- Ahern, Michael.
- Ahern, Noel.
- Andrews, Barry.
- Andrews, Chris.
- Ardagh, Seán.
- Aylward, Bobby.
- Behan, Joe.
- Blaney, Niall.
- Brady, Áine.
- Brady, Cyprian.
- Brady, Johnny.
- Brennan, Séamus.
- Browne, John.
- Byrne, Thomas.
- Calleary, Dara.
- Carey, Pat.
- Connick, Seán.
- Coughlan, Mary.
- Cowen, Brian.
- Cregan, John.
- Cuffe, Ciarán.
- Cullen, Martin.
- Curran, John.
- Dempsey, Noel.
- Devins, Jimmy.
- Fahey, Frank.
- Finneran, Michael.
- Fitzpatrick, Michael.
- Fleming, Seán.
- Flynn, Beverley.
- Gallagher, Pat The Cope.
- Gogarty, Paul.
- Gormley, John.
- Grealish, Noel.
- Haughey, Seán.
- Healy-Rae, Jackie.
- Hoctor, Máire.
- Kelly, Peter.
- Kenneally, Brendan.
- Kennedy, Michael.
- Killeen, Tony.
- Kirk, Seamus.
- Kitt, Michael P.
- Kitt, Tom.
- Lenihan, Brian.
- Lenihan, Conor.
- Mansergh, Martin.
- Martin, Micheál.
- McEllistrim, Thomas.
- McGrath, Finian.
- McGrath, Mattie.
- McGrath, Michael.
- McGuinness, John.
- Moynihan, Michael.
- Mulcahy, Michael.
- Ó Fearghaíl, Seán.
- O’Connor, Charlie.
- O’Dea, Willie.
- O’Flynn, Noel.
- O’Hanlon, Rory.
- O’Keeffe, Batt.
- O’Rourke, Mary.
- O’Sullivan, Christy.
- Power, Peter.
- Power, Seán.
- Ryan, Eamon.
- Sargent, Trevor.
- Scanlon, Eamon.
- Smith, Brendan.
- Treacy, Noel.
- Wallace, Mary.
- White, Mary Alexandra.
- Woods, Michael.
Níl
- Barrett, Seán.
- Broughan, Thomas P.
- Bruton, Richard.
- Burke, Ulick.
- Burton, Joan.
- Byrne, Catherine.
- Carey, Joe.
- Clune, Deirdre.
- Costello, Joe.
- Coveney, Simon.
- Crawford, Seymour.
- D’Arcy, Michael.
- Deasy, John.
- Deenihan, Jimmy.
- Doyle, Andrew.
- Durkan, Bernard J.
- English, Damien.
- Enright, Olwyn.
- Feighan, Frank.
- Ferris, Martin.
- Flanagan, Charles.
- Flanagan, Terence.
- Gilmore, Eamon.
- Hayes, Brian.
- Higgins, Michael D.
- Hogan, Phil.
- Howlin, Brendan.
- Kehoe, Paul.
- Kenny, Enda.
- Lynch, Ciarán.
- Lynch, Kathleen.
- McCormack, Pádraic.
- McEntee, Shane.
- McGinley, Dinny.
- McManus, Liz.
- Mitchell, Olivia.
- Morgan, Arthur.
- Naughten, Denis.
- Neville, Dan.
- Ó Snodaigh, Aengus.
- O’Donnell, Kieran.
- O’Dowd, Fergus.
- O’Keeffe, Jim.
- O’Mahony, John.
- O’Shea, Brian.
- O’Sullivan, Jan.
- Penrose, Willie.
- Perry, John.
- Quinn, Ruairí.
- Rabbitte, Pat.
- Reilly, James.
- Ring, Michael.
- Shatter, Alan.
- Sheahan, Tom.
- Sheehan, P.J.
- Sherlock, Seán.
- Shortall, Róisín.
- Stagg, Emmet.
- Stanton, David.
- Timmins, Billy.
- Tuffy, Joanna.
- Upton, Mary.
- Wall, Jack.
Is the proposal for dealing with Private Members' business agreed? Agreed. Is the proposal regarding Taoiseach's Questions for Wednesday, 9 April 2008 agreed? Agreed.
Can I take it from the announcement we discussed here last week that 12 June is the date for the EU referendum? While I do not know that there has been a formal announcement, I expect that it is the date and, for our part, we are planning on that basis.
The Taoiseach had to make a momentous announcement last week. In respect of a question asked by Deputy Gilmore last week, the Dáil will not be sitting on Tuesday, 6 May. Does the Taoiseach propose to comply with the usual protocol so that he will have an opportunity to announce his formal resignation to the Dáil? Will he do this on the Tuesday when the Dáil is not meeting? I know some of his predecessors had to make their statements to the Dáil.
He will be around.
Is it the Taoiseach's intention to do this on the Tuesday or to come to the Dáil on the Wednesday? Some have said I was not as magnanimous as I should have been about the Taoiseach and I want an opportunity to speak on that.
It is too late.
Deputy Johnny Brady should not go there.
Deputy Brady should keep his name in.
On the first question, we can be clear on the position. We are talking about the referendum date being 12 June, which is agreed by everybody at this stage. I thought last week that the House was due to meet on 6 May but it will not. I will tender my resignation to the President on that date. If we are to say anything in the House, it will be before that date, but that is a matter for the House.
I want to raise two matters with the Taoiseach. First, I understand that Mr. John Purcell, who has been the Comptroller and Auditor General since 1994, is due to retire on 14 May. This is a constitutional office and I understand the method of appointment is that the new Comptroller and Auditor General is nominated by the Dáil for appointment by the President. What process is being put in place to make a new appointment or to bring a proposal to the House for the nomination of a new Comptroller and Auditor General? Will there be consultation with the Opposition parties on this matter, what are the plans and will there be an opportunity, through the Whips, for the House to pay tribute to the good work of the outgoing Comptroller and Auditor General?
The second issue I want to raise is in regard to promised legislation. The two Green Ministers, who were with us momentarily, seem to have left the House again.
One of them is still here.
I want to raise the promise made by the Minister, Deputy Gormley, at the Irish Planning Institute conference last week, where he told us that there will be new legislation to tap into the windfall gains being made by landowners and property developers.
He is in for a shock.
A Deputy
He can dream on.
He will need to.
The Minister, Deputy O'Dea, probably prompted him.
Given what the Taoiseach had to say earlier about his long-standing views on property development, land development and so on, first, will he confirm that this legislation will be introduced, second, in what Bill on the legislative list will it be contained or will there be a new Bill to provide for this and, most importantly, how soon can we expect the Bill?
It is the service regulatory Bill and it will be taken in this session.
Will it deal with property windfall taxes?
It is the property services regulatory authority Bill.
The windfall profits are all in there.
The Secretary to the Government has been following the process of the appointment of the Comptroller and Auditor General. It is set out in legislation, as far as I can recall, but I will come back to Deputies Gilmore and Kenny in this regard.
As the Taoiseach knows, for years it was impossible to get a taxi in Dublin.
Now there are too many.
Against a great deal of opposition, policy was finally changed and it is now occasionally possible to get a taxi. No sooner has that happened, however, but moves are afoot to put a cap on the number of taxis in Dublin. I need not tell the Taoiseach that it is perverse that this should be gaining legs at this time. It is a small example of just how disjointed and directionless transport policy is in Dublin.
To what legislation does this refer?
Legislation has been long promised and we have been long told it is imminent.
There is a taxi regulator.
Has anybody any urgency with regard to the Dublin transportation authority Bill? There is no sense of urgency with regard to transport because there are so many competing interests, but does anybody in government realise just what is happening to this city? Nobody is in charge of transport.
The Taoiseach should reply on the legislation.
There is no legislation.
That answers the question.
I call Deputy Durkan.
My colleague, Deputy Seán Barrett——
No legislation. When will the Bill on the Dublin transportation authority be taken?
It will be taken in this session. It is not taxi legislation.
My colleague, Deputy Seán Barrett, mentioned on television the other evening that during——
It is not a matter.
This is a matter.
It is not a matter on the Order of Business.
This one is. During the five years that he was voluntarily outside this House he noticed that the general public was not engaged with the proceedings of the House. He is correct. The Ceann Comhairle will agree that the reason that is happening is because this House cannot or will not or does not react to the pressing issues that arise. The Taoiseach and the Tánaiste——
That is not in order.
I refer to promised legislation.
The Deputy should proceed and tell me to what legislation he refers.
The issue which the whole country is talking about currently is the administration of justice, criminality and law and order.
To what legislation does the Deputy refer?
Several Members raised this issue today already. Which legislation can the Taoiseach recommend to his successor? The Tánaiste indicated last week that he did not know why I was raising this issue every day. The reason is the public is concerned about it. Which legislation from the list outlined on the pink document is likely to address the issue of criminality in this country at present whereby we have gone from zero——
That is not in order.
——tolerance to tolerating anything?
That is not in order. To which legislation does the Deputy refer? He cannot have a multiple choice question.
I refer to the criminal justice (forensic sampling and evidence) Bill. It is on the pink paper with another five or six pieces of legislation. Will the Taoiseach please ask the Minister for Justice, Equality and Law Reform or somebody to introduce in the House the measures that will combat the kind of terrorism we see in the country at present, as we need them urgently?
The Taoiseach to reply on the legislation mentioned.
An enormous amount of legislation is already on the Statute Book but in terms of pending legislation, the criminal justice miscellaneous provisions Bill, which will give effect to a number of issues relating to criminal law, will be introduced this session.
The United Nations Convention on the Rights of Persons with Disabilities has acquired the appropriate number of country signatories for ratification into law. When does Ireland, which played a significant part in preparing the convention, propose to ratify it?
I will have to check that for the Deputy.
I listened with interest to the Taoiseach say what he believes, namely, that services will not be removed until better services are put in place. What is happening in Monaghan——
We cannot go into what is happening in Monaghan. We cannot do it.
——is simply this——
No, we cannot do that. The Deputy is out of order.
——people will die——
Deputy Crawford is out of order.
——as a result of what is happening at present.
Deputy Crawford must ask a question on the Order of Business.
All we want is the truth and the truth is not being provided.
The Deputy is completely out of order. Does he wish to ask a question on the Order of Business?
When will the health information Bill be introduced in the House——
The Taoiseach to reply on the health information Bill.
——so we can be given the truth——
That is it. The question is over now. On the health information Bill——
——on a legal basis?
Next year.
What about the patients in the meantime?
A Cheann Comhairle, I express my regret that once again a request under Standing Order 32 has not been deemed acceptable by you, having regard to the fact that, according to the Chair, these matters are not considered either urgent or important——
We cannot rake over old coals.
——enough to facilitate debate.
I refer to the matter of promised legislation, in particular No. 8 under the remit of criminal justice, as indicated by the Taoiseach a moment ago in response to Deputy Durkan. I ask the Taoiseach in regard to the criminal justice miscellaneous provisions Bill, which has been on the pink sheet for some time, to ensure that not only will this legislation come forward as a matter of urgency but that it will include appropriate provisions, as promised by the Minister for Justice, Equality and Law Reform and the Taoiseach himself, to deal with improved legislative provisions on the matter of electronic surveillance——
As the Deputy well knows we cannot discuss the contents of a Bill.
——bugging, monitoring and sitting on those who are involved in criminality to ensure we can bring those gang leaders and gang bosses to justice at the earliest opportunity.
Hear, hear.
The Deputy has much experience and he knows we cannot go into that. When will the legislation be introduced?
That legislation will be introduced this session.
If I can revert to Deputy Michael D. Higgins's question, the criminal justice (mutual assistance) Bill will enact certain of the measures and the remaining requirements will be dealt with by the prevention of corruption Bill which is at an advanced stage of preparation. A small number of drafting issues remain for the Parliamentary Counsel to deal with. That is one of the issues and I will check the other matter he raised.
To give assistance on that matter, a Cheann Comhairle, I very much appreciate the information given by the Taoiseach on the United Nations Convention against Corruption. The convention to which I referred this afternoon is the United Nations Convention on the Rights of Persons with Disabilities. I acknowledge that Ireland has played a role in drafting the convention but it is very important that we indicate that we intend to ratify that convention if we are to have framework legislation giving rights to people with disabilities.
When the Minister of State, Deputy Sargent, was in Opposition he asked the Taoiseach about the foreshore (coastal management) Bill perhaps 100 times. It seems almost centuries ago since he was in Opposition.
It might be centuries before he is back.
Is there any chance of that Bill coming forward?
Just before the baton passes from Drumcondra to Tullamore, I draw the Taoiseach's attention to the grave concerns of the Stardust committee, an important committee on the north side of Dublin, regarding the inquiry which he permitted to be established approximately six to nine months ago. Is it possible for him to satisfy the committee regarding its concerns and to get back to me on the matter?
The Taoiseach to reply on the legislation.
I do not have a date for the legislation but the Bill will be apportioned ministerial responsibility. I indicated earlier that this legislation is due but there is no date for it. I will revert to the Deputy on the other issue.
What is the situation regarding proposed legislation on management companies? I raised this issue with the Taoiseach on a number of occasions. Many householders have bought apartments and houses in managed complexes and they are facing very high charges. There are many legal unknowns——
Hear, hear.
——which people find exceptionally difficult to deal with. Some months ago the Taoiseach informed me there was a Government committee chaired or at least initiated by the Minister for Justice, Equality and Law Reform. Has that committee reported? The Taoiseach indicated that the ramifications of this were far broader than had at first been appreciated by Government but in the meantime, many householders face enormous difficulties.
We cannot go into that now.
The Taoiseach spoke earlier about the downturn in the construction industry. Legal difficulties——
The Taoiseach to reply on the legislation. We have to leave it at that.
——will arise for people selling properties in these managed complexes.
We cannot go into that now.
When can we expect the property services management regulatory Bill?
The Taoiseach to reply on the legislation.
There are three different aspects to this, namely, the property services Bill to which I already referred, which is due; there is also a company law aspect to the matter which comes under the remit of the Minister for Enterprise, Trade and Employment, Deputy Martin; and there is an environmental aspect. The Ministers have been working in co-operation to co-ordinate the matter. I made the point some months ago that the issue is most complex because until we get all three strands of legislation enacted we cannot deal properly with this issue. It is the Government's intention to do this.
As we speak, a crisis exists in University College Hospital, Galway, where 44 persons are on trolleys in the accident and emergency department.
The Deputy cannot raise that issue because it is not in order.
Can I ask a question about No. 10 on the A list which is a health Bill to provide for a new scheme for financial support for persons requiring health care? Will the Taoiseach instruct the Minister for Health and Children to lift the embargo on the recruitment of nursing staff in hospitals?
No, that is out of order. The Taoiseach to reply on the legislation.
This session.
Can I ask the Taoiseach to clear up some of the confusion that prevails between two senior Ministers and the chair of the Health Service Executive, Professor Drumm, in regard to health——
The Order of Business is not about clearing up confusion between Ministers.
——services in the north east? There is nowhere to raise this matter. If I cannot raise it here where do I raise it?
The Deputy can raise it outside somewhere because it is not in order here.
Hang on a second, a Cheann Comhairle.
Go on.
Whatever it is for, it is not for clearing up confusion.
This is the most important issue facing people in four counties, namely, Cavan, Monaghan, Louth and Meath.
Stop that.
There is total confusion on the Government benches in regard to the matter.
The Deputy knows I cannot deal with that now.
We need clarification——
Deputy Morgan is aware of that.
——as to which of them is speaking the truth and which of them is telling fibs.
We cannot discuss all of that now. Deputy Kehoe is next.
Are we going to get an answer on this?
No. It is not in order.
I raised this issue many times under Standing Order 32 and we have never had an opportunity to debate it in the House.
The Deputy can raise the issue on the Adjournment.
We need to have a debate on the matter.
The Deputy can raise the matter on the Adjournment.
Do not bother with the debate; the Ceann Comhairle can just allow the Taoiseach to reply to us regarding what is going on to sort out this issue.
No, because every Member would be at the same thing. We cannot have that. It is out of order. I call Deputy Kehoe. I am sorry but I must call Deputy Kehoe.
A Cheann Comhairle——
The Taoiseach answered questions on those matters during Leaders' Questions. I call Deputy Kehoe.
The Taoiseach almost appears to be offering. The Ceann Comhairle should not protect him. On a point of order——
There is no point of order.
Of course, there is. Is the Taoiseach planning to introduce legislation to remove the confusion among two Ministers and the head of the HSE, Professor Brendan Drumm? Will legislation be introduced to clarify the matter, given that health services are continuing to be withdrawn at Louth Hospital, Monaghan Hospital and Our Lady's Hospital, Navan?
I must call Deputy Kehoe.
It is a question on legislation.
The Deputy is being unfair to other Members.
Will the Ceann Comhairle get the Taoiseach to answer that question, please?
The Deputy should have been in the House during Leaders' Questions when the Taoiseach answered questions on the issue.
The question is on legislation and I ask the Taoiseach to answer it.
The Deputy is not serious that there is legislation to remove confusion.
The confusion is on the other side of the House. Ministers have been saying totally different things, while the head of the HSE has said something else, yet the Ceann Comhairle is accusing me of causing confusion. He needs to get this matter sorted out now. The best course of action is to have the Taoiseach clear it up in the House before we go any further.
When the Deputy talks to himself, he gets confused. He is a one-stop shop in confusion.
I ask the Ceann Comhairle to give the Taoiseach an opportunity to clear up this matter once and for all. Will he, please, give the Taoiseach an opportunity to clarify this very important matter for the people of the north east?
We are in the unfortunate position that I will shortly have to ask the Deputy to leave the House if he continues.
It would not exactly terrify me if the Ceann Comhairle were to do that.
I am sure.
Kick him out.
However, I would prefer to stay in the House and hear what the Taoiseach has to say.
I am afraid the Deputy will have to leave the House.
I am extremely disappointed that I am not being given clarification. I do not know what the bloody hell is the point of being here when we cannot get an explanation.
The Deputy must leave the House.
On a point of order——
The Minister wishes to reply.
A red cent to a red face.
Deputy Morgan withdrew from the Chamber.
The sale of alcohol to under-age young people is an increasing problem which has been raised with me on a number of occasions during meetings with youth groups and organisations. Under the Taoiseach's watch, little has been done to combat this major problem. What legislation is the Government willing to introduce to try to curb this serious problem?
The sale of alcohol legislation is due later this year. The Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, will bring forward legislation based on Dr. Gordon Holmes's report to try to control some of the difficulties which have arisen in the off-licence and supermarket trade. The legislation will be published this session.
I wish to raise two issues. When I asked the Taoiseach about the health (long-term care residential services) Bill last week, he said it would be taken this session. However, when I asked about the same legislation before Easter, I was told it would be taken during that session. People are hanging on by their fingertips and running out of funds trying to pay the cost of nursing homes. I asked last week whether an interim measure would be introduced. Will the Taoiseach give a definitive estimate as to when the Bill will come before the House? He has informed the House that major legal issues have arisen but we have not been given an understanding as to when the Bill will finally come to fruition.
On the property services regulatory authority Bill, does the Taoiseach have plans to introduce legislation to close the stamp duty loophole which allows developers to avoid paying €250 million in stamp duty?
The final question is not in order. I call Deputy Jan O'Sullivan on the health legislation.
May I have an answer on the nursing home Bill?
Yes, Deputy Jan O'Sullivan will first ask a question on the same legislation.
Given that I indicated at the same time as Deputy Burton, I am not sure of the reason I am being called now.
My apologies.
Will the Taoiseach clarify whether the problem with the legislation is legal or constitutional? Did it arise from the issue of the lien on the family home after the death of a person? Will he give an undertaking that the funding allocated in anticipation of the legislation being introduced on 1 January will be ring-fenced for those families who have hit hard times due to paying for the cost of nursing home care for their relatives?
As I have said previously, the health (long-term residential care services) Bill was ready at Christmas and we were asked to consult a large number of relevant groups. Arising from this consultation, a number of legal issues were examined and the Attorney General has been working to resolve them. It is hoped the legislation will be introduced by the Minister as soon as these issues are totally resolved.
Are they legal rather than constitutional issues?
They are complex legal issues but the Attorney General is confident they can be overcome.
On two Bills in the pink document allegedly to be taken this session, will the Taoiseach indicate if it is anticipated they will be published this month or next month? I ask because the two Bills in question have been around for many years. The first would provide for the establishment of a DNA database. I recall that when the Ceann Comhairle was Minister for Justice, Equality and Law Reform he announced, in a great fanfare of publicity, that the legislation was about to be published. That was eight years ago. When will we see the legislation? The provision of a DNA database is a necessity and Ireland stands out in Europe in not having such a database. The second Bill is the adoption Bill to implement the Hague Convention on Foreign Adoptions. This legislation had, to my best recollection, been promised for six years. Will the Taoiseach indicate in what month these Bills will be published and whether the House will have an opportunity during this session and before the summer vacation to debate them on Second Stage?
The adoption Bill is due this session.
The other Bill is the criminal justice (forensic sampling and evidence) Bill, the purpose of which is to establish a DNA database.
The heads of the Bill have been approved and it is hoped it will be published this session, which is up to 3 July.
In that case, it is unlikely we will have Second Stage debates on either Bill this side of the summer.
Perhaps Second Stage of the first Bill will be taken but it is unlikely Second Stage will be taken in the case of the second Bill.
The Taoiseach will be aware of an announcement by the Minister for Education and Science to establish in west Dublin by September three new primary schools under the patronage, control and governance of County Dublin Vocational Education Committee. All of us welcome this step as providing a new model of primary education. When are we likely to see the education (patronage) Bill? I understand the heads of the Bill have yet to be agreed by the Government. How is it possible to establish legal certainty for the schools and have them up and running by September when the Bill is not yet published and will not be passed by the Houses before the September deadline?
Deputy Hayes is right that the heads of the Bill have not yet been cleared. However, I understand it is a short Bill with fewer than ten heads. Once that work is completed, it should still get through the House. It relates to the education and VEC Acts and is not too complex. It is important that it is passed before the summer.