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Dáil Éireann díospóireacht -
Thursday, 15 May 2008

Vol. 654 No. 3

Order of Business.

It is proposed to take No. 7b — all-party motion re Burma tragedy and No. 7c — all-party motion re democratic process in Zimbabwe. It is proposed, notwithstanding anything in Standing Orders, that: (1) the proceedings on No. 7b shall, if not previously concluded, be brought to a conclusion after 50 minutes and the following arrangements shall apply: the speeches shall be confined to a Minister or Minister of State and to the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, who may share time and who shall not exceed 15 minutes in each case; a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and (2) the following arrangements shall apply in relation to No. 7c: the speeches of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case; the speeches of each other Member called upon shall not exceed ten minutes in each case; Members may share time; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.

Is the proposal for dealing with No. 7b, motion re Burma tragedy, agreed? Agreed. Is the proposal for dealing with No. 7c, motion re — democratic process in Zimbabwe agreed? Agreed.

The Government finally recognises that the HSE is suffering because of the failure to restructure the administrative structure before it was established. We now know that a move to try to restructure it was rejected because of the Government's fear that another one of its pet projects, namely, decentralisation, might have been affected. Will a Supplementary Estimate or legislation be introduced so that the Dáil can have a proper debate on this issue?

I put the Tánaiste on notice that Fine Gael is very concerned about a proposal to debate Thornton Hall next week. I understand the Dáil will have a quasi-judicial role in looking at an environmental impact statement and the report of a rapporteur and in making a decision. The Government proposes to have a three-hour debate in the House with a vote at the end of it. A deliberative process of that nature should be conducted by the proper committee which would review the evidence and take a decision on an informed basis. I express our concern about the procedure being——

We cannot deal with that now.

Will the Tánaiste indicate whether there is a proposal in the programme for Government to address Ireland's declining competitiveness? Today we read in the newspapers that gas prices are to go up. They are already out of line with those in other countries. A very diligent shopper in my area priced nine common grocery items.

I have given the Deputy latitude.

The difference between the price in a major supermarket in Dublin and in the UK was not 5%, 10% or 20% but 37%. There is an onus on the Minister responsible for consumer affairs and competitiveness to indicate what legislative proposals the Government has to tackle some of these issues, which are affecting households and businesses alike.

Is legislation proposed in the latter area?

There is no legislation promised in that area. On the Thornton Hall issue, there will be no limit on the discussion. Opposition spokespersons are being briefed to allow them to have a full and frank debate.

Will the issue be referred to committee?

The discussion will be held in the House.

Reviewing evidence, an environmental impact statement and a rapporteur's report is the work of a committee attended by all those who will listen to the evidence and then make an informed decision.

This is not the best forum to discuss the mechanics of it. The issue is not before the House at present. It might be appropriate for the detail to be worked out by the Whips before a proposal comes before the House.

That will happen. We would all agree, regardless of our portfolios, that the issue of competitiveness is hugely important. That is why it is being stridently dealt with by me, my colleagues in the Department and a number of other cross-cutting Departments. I am sure competitiveness will be one of the key issues in the pay talks.

I asked if there were any legislative proposals.

There are no legislative proposals to deal with this issue. However, deregulation and less legislation is perhaps more appropriate when it comes to being competitive.

I refer to the matter raised by Deputy Bruton, namely, the proposals by the Health Service Executive on reorganisation and reform. Will the Tánaiste confirm that the Government has received proposals from the HSE, as reported in today's edition of The Irish Times? Will she indicate when the Government will address those proposals or when it is likely to make decisions arising from them?

Last week I asked the Tánaiste about arrangements for a debate on the report from the Morris tribunal which we received on the day the Taoiseach was elected and the Cabinet announced. She said two other reports were imminent from the Morris tribunal and that perhaps it might be wise for us to await those reports and then debate the lot. I believe she said they would be available in a couple of weeks, and that seems perfectly reasonable, but I am conscious there are only six sitting weeks left until the summer recess.

I would like some certainty as to when the other two reports of the Morris tribunal will be received. Can the Tánaiste assure the House they will be received in time for us to have a debate on the Morris tribunal this side of the summer recess? I do not want us to wait for the reports and find that, when they appear, somebody has to be consulted about what is in them, meaning they cannot be published and a debate must be postponed until after the summer. The report of the Morris tribunal that we have received is serious and requires to be debated in the House, and I am anxious that the debate should take place this side of the summer recess. If we do not receive the next two reports, we should have a debate on the report that has been published.

My third item relates to the confusion which is overwhelming the arts world as to who is the Minister with responsibility for the arts. The Taoiseach, when he announced the Ministers of State last week, said Deputy Mansergh was being appointed as Minister of State with responsibility for the Office of Public Works and would also have responsibility for the arts. I see from newspaper reports that the Minister for Arts, Sport and Tourism sees the role of the Minister of State, Deputy Mansergh, as a bag carrier for him.

He carries the easel, the paint and the brushes.

(Interruptions).

Will the Tánaiste say something to help us bring down the curtain on the comedy of errors and tell us when the Minister will publish the delegation order to give the Minister of State, Deputy Mansergh, a real job?

I did not know Deputy Gilmore had any interest in the arts.

I did not know the Minister had any interest in the arts.

I often wonder whether what happens in this House is opera.

A Deputy

There are a few comedians.

There are certainly a few comedians.

They are all on the other side of the House.

The Deputy is not bad in that regard.

(Interruptions).

I ask the House to come to order.

The Minister for Arts, Sport and Tourism is Deputy Cullen and he will be assisted admirably by the Minister of State, who has been assigned to the Department of Finance and the Department of Arts, Sport and Tourism. Given the new era of teamwork, it is appropriate to tell the House that that is what we have — a very good team, and we will share responsibility.

They have been doing that for the past 11 years.

A Deputy

Bring back Bertie, all is forgiven.

There is no doubt who will be blamed when things go wrong. That is par for the course.

Will the Minister allow the Tánaiste to answer the questions?

(Interruptions).

Will there be a delegation order?

There will be.

If the Tánaiste answered the question and directed her remarks through the Chair, we might get on with our business.

On the Morris tribunal, I still agree that there should be an overall discussion. It is anticipated that the next two reports will be available in mid-June. However, if there is an unanticipated delay, I am sure the matter can be reconsidered by the Whips.

On the HSE proposals for voluntary early retirement, I confirm to the House that the HSE is submitting an outline proposal for voluntary early retirement to the Department of Health and Children. This has not yet been considered by the Government.

In view of what the Tánaiste said, that the next two reports of the Morris tribunal were unlikely to be received until mid-June, I ask that the Government schedule a debate on the first report. We know from experience that in the last two weeks in June, coming up to the summer recess, there will be all kinds of guillotines, emergency measures, Estimates and so on, and the matter will disappear.

I will not curtail the workings of the House. Perhaps we can evaluate the schedule in the middle of June and if there is a necessity to arrange additional sittings, perhaps on a Friday, to discuss important issues such as this, this side of the House will not be averse to so doing.

In the context of promised legislation in the area of health, particularly on health information, is the Tánaiste in a position to confirm the reports that this week, as a result of further pressure from the office of the Minister for Health and Children and the office of the CEO of the HSE, a deadline of the end of June has been set for the closure of the remaining acute medical services at Monaghan General Hospital——

That is not appropriate to the Order of Business. It would be a suitable matter for the Adjournment Debate or a parliamentary question.

——including heart rehabilitation services and heart tests such as ECHO and stress tests, on which many citizens, including this Deputy, have depended in the past 18 moths at Monaghan General Hospital?

The Deputy's question is not, unfortunately, appropriate to the Order of Business.

A journey in excess of 30 miles will be required to have these regular tests carried out.

Will the Tánaiste comment on reports that officials of the HSE north east, who have been entrusted with the task of bringing to an end acute medical services——

That is not appropriate to the Order of Business

——have been promised generous bonuses?

The health information Bill will be available next year.

Has the Tánaiste nothing to say on the other matters I raised?

I bow to the Leas-Cheann Comhairle's guidance. The Deputy's question is inappropriate.

The Deputy might want to submit the matter for discussion on the Adjournment or to table a parliamentary question.

A report appears today in the Irish Independent about Quest Diagnostics, the company that is to be awarded the cytology contract for between 300,000 and 500,000 smears as part of our cervical screening programme.

That is not relevant to the Order of Business either.

It is relevant. I will explain where I am coming from and on which legislation I want to ask a question. A company that has been found guilty of fraud to the tune of €40 million has been awarded a huge contract in this country, as a consequence of which we will lose a pool of experience and over 100 jobs. Under the health information Bill, will HIQA be in a position to inform us of such matters in the future?

As the Deputy knows very well, that is not relevant to the Order of Business.

This company has an accuracy rate of 85% while our laboratories have a 95% accuracy rate. The rationale is based on the fact that it carries out smears annually, while we do them every five years.

That is an appropriate question for the Minister for Health and Children.

It will not be possible to discuss a matter with one's cytologist, who will be in America. Are we saving money? Will HIQA be able to do anything about it? We do not even know how much this will cost and patients lives are being put at risk.

I call Deputy Durkan.

What about the question on the Bill?

Did the Deputy ask a question about legislation?

I asked a question on the health information Bill. A senior figure in the HSE once worked for Quest Diagnostics and I would like to know what his role was in this affair.

I indicated that this legislation would be available next year and public consultation is taking place at the moment. What is happening on the other side of the House is completely and utterly inappropriate. As a man who is a general practitioner and whose ideology is to ensure the safety of patients, Deputy Reilly could not but fully agree that in terms of accuracy in cytology, we have the best facilities available to the women of Ireland. The Deputy knows well that we have issues of clinical governance to deal with.

Quest Diagnostics has 85% accuracy while Irish labs have 95%. As a woman the Tánaiste should know the seriousness of this issue. She knows precisely what I am saying. I challenge her to tell us the facts.

It is appropriate to advise this House that the issue at hand is to deal with overcharging.

It is not appropriate on the Order of Business.

The issue the Deputy is dealing with and that fraud is to deal specifically with overcharging.

Would the Tánaiste please yield?

It is wrong of the Deputy as a general practitioner to show such lack of clinical guidance.

Could the Tánaiste resume her seat for a moment please? This is the Order of Business. This is a very serious matter appropriate to a proper debate. The way it is being raised this morning is not in order.

A very serious slur has been made on Irish cytologists.

I call Deputy Durkan. I will come back to Deputy Jan O'Sullivan.

In ten days this contract will be irrefutably given and there will be no come back and no point in a debate. I call for a debate next week so we can expose what is happening to the Irish people. We would gladly accept that.

Would Deputy Reilly have some respect for the House and the Chair please?

In the past number of weeks the Tánaiste met Mr. Peter Mandelson or other members of the Commission at which discussions took place on issues for which she previously had responsibility. In view of the legislation the House has passed, the 28th Amendment to the Constitution Bill, and its possible outcome, has she received any satisfactory response from the Commissioner, Mr. Mandelson, on the forthcoming referendum?

That is not in order on the Order of Business. It is appropriate for a question.

I am asking the question on the Order of Business. If the Tánaiste wishes she can give us the answer. If the answer is positive she can give it; if it is negative, she should have responsibility and stand up and say it.

I will brief Deputy Durkan in private.

I thank the Tánaiste but I would much prefer to be briefed in public.

I would prefer an orderly Order of Business.

I want to ask the Tánaiste a question related directly to her brief which is important for the functioning of the legal and administrative basis of companies in Ireland. It relates to the mammoth task of the company law consolidation reform Bill, which has to consolidate 13 Acts and approximately 1,100 sections. Is the Minister content that she has sufficient parliamentary draftspeople available to undertake this mammoth task? Has she consulted the Attorney General to ensure that this Bill will be undertaken? It is extremely important for the proper functioning of business in this country as it relates to corporate governance, administration, receiverships and liquidations. How soon will that be undertaken? Is the Minister prepared to accept an offer by the Committee on Enterprise, Trade and Employment, of which I am Chairman, to establish a special sub-committee? If we do not have enough parliamentary draftspeople in our system, will the Tánaiste engage more or employ somebody to undertake the task specifically?

As a very involved sportsperson, when the national lottery funding grants will be allocated?

That is not in order on the Order of Business.

It is, and I will tell the Leas-Cheann Comhairle why.

I am sure Deputy Penrose will not. It is not in order.

Every sports club in the country is waiting for the allocations and cannot begin work.

That would be an excellent parliamentary question.

Last year, one would be knocked down by the motor cars of Deputies and Senators arriving with the packages, some of whom did not even know where the clubs were and had done nothing to advance the cause. This money belongs to the people, not to any particular political sector. I am persecuted by clubs that want to know. I am sure there are many clubs in County Donegal and the Tánaiste will arrive with the goodies very soon. I would like to see that the Westmeath people are looked after.

The company law consolidation and reform Bill is a substantial piece of legislation. The normal pro forma answer would be that it would be difficult to ascertain when we will be able to discuss it. However, yesterday I took the opportunity to brief myself on the matter. My predecessor consulted the Attorney General and it might be appropriate for Deputy Penrose as Chairman of the Committee on Enterprise, Trade and Employment to examine a format in which we could deal with this legislation because it will take a considerable amount of time and there will need to be much briefing before the discussion. Perhaps we could do that with Deputy Penrose and a number of the committee members.

On a point of order, a group of professional people, namely, medical laboratory scientists in cytology, have had their professional ability seriously slurred by the Tánaiste's comments. I ask the Tánaiste to withdraw her comments and not say in this House that they are not capable of giving the best service to the people.

That is not a point of Order.

(Interruptions).

That is what the Tánaiste said. If her embargo did not make them redundant, we would not need to hire chancers from America.

The Chair did not hear that charge.

I did not say that, nor would I consider doing so.

I ask the Tánaiste to withdraw the slur.

I indicated my wish to speak on the same subject. That is normally allowed.

I will call the Deputy in a moment but there was some disruption. I will call her after Deputy Crawford.

It was the issue that Deputy Reilly raised and I indicated I wanted to speak.

The Deputy did, but 15 Deputies have indicated so far.

In light of the ongoing abuse of alcohol and all that goes with it, the former Minister for Justice, Equality and Law Reform was preparing a Bill. When will the sale of alcohol Bill or something similar be brought into this House to allow us to have a full debate on the abuse and sales of that drug? On the health (long-term residential carers service) Bill, there are ongoing serious difficulties with the elderly being forced to pay unjust charges. Homes that have been funded through tax relief now charge €1,000 per week and there is no redress. I have a third question on misinformation from the HSE.

That is not in order on the Order of Business.

We were told the HSE was not over-staffed but today we learned that it is trying to get a package to reduce staff numbers. As my colleague, Deputy Ó Caoláin said, we have been given misinformation on Monaghan General Hospital. When will the health information Bill be before this House so that we can discuss it?

That question has already been asked.

We have not got a date for it.

The intoxicating liquor Bill will be before the House before the summer, the sale of alcohol Bill will be in the autumn session and, for the third time, the health information Bill will be next year. The nursing homes Bill will be this session before the end of the summer.

Will it be dealt with this session?

It will if we ever get on with the business of the House.

This is the business of the House.

It is not our fault the Tánaiste has not brought the legislation forward.

We have a number of accredited laboratories for cytology screening in this country. We will lose jobs——

That is not in order. I have explained that this is a serious matter that would merit a proper debate and is not suitable for raising on the Order of Business.

I know, and I am asking for a proper debate in this House because the Minister no longer holds responsibility for the cervical screening programme because she has farmed it out to a particular organisation so we cannot raise it with the Minister in the normal way. We will lose jobs in this country to the United States. We have accredited laboratories and expertise in this area.

Is a debate promised on this?

No debate is promised.

May we ask for one?

Can the Tánaiste give us a commitment that we will have a debate on this issue next week because it is a very serious issue?

Deputy Kehoe would be in a very good position to raise that at the Whips' meetings.

We can go to the Whips meetings but the Chief Whip has to ask permission of the Minister for Health and Children.

I have asked if there will be a debate on this and the Chair can do no more.

Can we be fair to this issue and have a debate in the House next week?

Let us see the Tánaiste's bona fides on the care of women in this country. She must give us a debate.

Deputy Kehoe has asked if there is to be a debate and the Tánaiste has answered that no debate is promised.

Can the Tánaiste give us a commitment that there will be a debate on this issue next week?

The Tánaiste has already answered that question.

I have indicated that there will be no facilitation of a debate but there are other methods by which these issues can be discussed and raised in the House.

There are many methods.

On the issue raised by Deputy Penrose on the consolidated companies legislation, I asked the Tánaiste's predecessor about management companies where thousands of young people are being forced to pay management company charges of between €2,000 and €3,000 a year for apartments and between €600 and €700 to have a small square of grass and a couple of shrubs cut. I am told that there is legislation required from her Department, both by the Taoiseach——

Is legislation promised on estate management?

May I explain? I was told that the Tánaiste's Department was considering including that in the consolidated legislation. Her predecessor told me this when he took the Order of Business.

It is not one minute to midnight.

Is legislation promised?

I was told by the Tánaiste's predecessor that he was considering separate legislation. She stated she had considered Deputy Penrose's position. Has she given any consideration——

Deputy Burton has made her point.

——to the management company issue and the need for legislation in her Department? It is a really urgent issue for thousands of people.

Is legislation on estate management promised?

There will be some time, if I could answer the question.

Please do. I am calling you to answer.

There will be legislation. An interdepartmental committee has been set up. It is being led by the Minister for Justice, Equality and Law Reform. All others, including my Department, are involved. It is anticipated that a meeting will be arranged with the relevant Ministers and the Opposition spokespersons in the near future.

I call Deputy Ciarán Lynch.

I am not——

I am afraid that is as much as Deputy Burton can debate now.

Deputy, please, I have called your colleague, Deputy Lynch.

——her predecessor, answering on this issue less than ten days ago, indicated that there would be legislation from the Department of Enterprise, Trade and Employment.

The Tánaiste has already answered Deputy Burton's question.

I am asking the Tánaiste, because the consolidated Bill will take so long, whether she will continue the policy of her predecessor.

I will move on to ordinary business. Deputy Lynch, are you offering?

I have another question.

I will come back to the Deputy in that case.

Will she continue to honour the commitment made by her predecessor——

Would the Deputy please allow Deputy Lynch in?

——to introduce legislation on management companies?

Deputy Burton has made the point.

It is a massive issue for thousands of young home owners.

We will have legislation in due course.

The second question is——

With respect, I will call Deputy Burton again. I have already called Deputy Lynch.

Sorry, it is a brief question.

Please, would Deputy Burton give way? I will come back to the Deputy.

The Taoiseach spoke——

Would the Deputy please take her seat?

Have some respect for the Chair.

I will allow another question. Deputy Burton has been called twice so far. A number of other Deputies are offering. I will come back to her.

I was called. This is my first time.

Deputy Burton has come in twice on this issue. I call Deputy Lynch.

I am shocked at the absence of respect for the Chair.

The Minister should not be shocked.

Given that there is just five weeks left to the House before the summer recess.

Allow Deputy Lynch.

There are, if one considers that the House will be closed the week of the Lisbon treaty referendum and also the bank holiday. There are two matters I want to raise this morning.

The Minister will be away as usual.

A Deputy

He is never here.

I will be here. The Lisbon treaty has me at home.

The first is the social housing (miscellaneous provisions) Bill which has been scheduled to be published for quite a while. It has been indicated that the Bill will come before the House this term. Is there a specific date for its publication, given that it contains two specific important items, namely the sale of apartments to local authority tenants and the update of anti-social behaviour provisions?

The second matter I want to raise relates to the boundary commission group, whose work is ongoing. Has a date been confirmed for when it will report to the House and could the Tánaiste indicate what legislative measures or procedures will arise from that boundary commission's report?

There are two matters, Tánaiste.

The matter relates to the local elections.

On the first issue Deputy Lynch inquired about, we had hoped to publish the Bill this session prior to the summer.

Could we have a date?

I will make sure I am completely correct and communicate with Deputy Lynch on the boundary commission report. I believe that there is no legislative requirement on this matter, but I will ascertain when it is expected to be brought to finality and let the Deputy know.

Deputy Burton on another matter.

On the second point I wanted to raise, the Government promised a debate on the OECD report. There is a report in the newspapers this morning that Dublin City Council is having to reconsider the major housing regeneration programme in areas such as St. Michael's Estate and O'Devaney Gardens because of funding difficulties. Central to the OECD report and the ESRI report of yesterday is the understanding that the Government will continue to invest at the appropriate level in the national development programme.

The indications that the redevelopment and regeneration of St. Michael's Estate, and possibly O'Devaney Gardens, is being pulled——

This is not in order, as Deputy Burton will be aware.

When will the OECD debate be provided? We are getting no serious debate from this Government about the economy.

There was a debate for two nights on this issue of the economy.

The economy is in serious difficulty at present.

Is there a promised debate on the OECD report?

When will the debate take place?

First, there was a full discussion on the economy yesterday evening and the evening before in both Houses.

That was courtesy of the Labour Party.

We believe in democracy.

Thanks awfully.

I am sure we can take an opportunity to discuss the OECD report and the ESRI report.

On a point of clarification, there is already agreement that there would be a debate. It is a matter of timing.

Timing is everything.

The Tánaiste was diluting that somewhat.

I will leave it to Deputy Stagg.

I refer to No. 33 on the list of promised legislation, the foreshore (amendment) Bill. When is publication expected?

The Tánaiste on the foreshore (amendment) Bill.

Can I emphasise the need for important public projects to be fast-tracked for the public good? I refer specifically to the harbour development works in Buncrana with which the Tánaiste will be familiar.

Where stands the foreshore (amendment) Bill?

The reason I raise it is I have it from good authority that the RNLI is deciding whether to remove services this weekend. I realise the Tánaiste is working closely on it.

Tánaiste, the foreshore (amendment) Bill, before we get into a local debate in which you are anxious to engage.

I ask the Tánaiste to impress upon the new Minister for Agriculture, Fisheries and Food, Deputy Brendan Smith, to expedite this as a matter of urgency.

We cannot say as of yet when the foreshore (amendment) Bill will be forthcoming.

I call Deputy Barrett.

What about Buncrana?

I sorted Buncrana.

Allow Deputy Barrett, please.

I raised an issue here some weeks ago and I understood I received a commitment that there would be a debate on the European Commission's proposals on the targets for climate change as they affect this country and, in particular, as the Tánaiste will be well aware, the serious implications of not allowing afforestation as part of our targets. When will this debate take place and which Minister is responsible for these negotiations in Europe? It seems that this matter is dragging out and this will happen without Ireland having any input into this set of proposals.

When will the debate take place?

There was an agreement that we would have a debate. We will ask the Chief Whip, with Deputy Barrett's party's Whip and the Labour Party Whip, to try to get an appropriate date and we will schedule it.

When are the national monuments Bill and the trusts Bill likely to be published?

The national monuments Bill will be published next year. We do not yet have a date for the trusts Bill.

In view of the fact that The Irish Times reports this morning that more than 5,000 people in the north-east are now being written to and will have their X-rays and CAT scans reviewed, that serious concerns have been raised about the work of a radiologist in the region, and that the HSE denied the extent of this review, can the Tánaiste give us any reassurances about the extent of this problem and the seriousness of it?

It is not appropriate to ask that question.

Can I ask that we would have an urgent and immediate debate, and a statement from the Minister, in the House on this extremely important matter?

There are other ways open to Deputy O'Dowd.

The Deputy should table a private notice question.

I will submit a private notice question.

That will be entertained by my office. Is a debate on this matter promised?

A debate is not promised, but I am sure the Leas-Cheann Comhairle will deal with the private notice question.

That concludes the Order of Business.

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