Order of Business.

It is proposed to take No. 15, Dublin Transport Authority Bill 2008 [Seanad] — Report Stage (resumed) and Final Stage; No. 16, Intoxicating Liquor Bill 2008 — Committee and Remaining Stages; and No. 1, Nuclear Test Ban Bill 2006 — amendments from the Seanad. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 11 p.m.; the proceedings on the resumed Report Stage and Final Stage of No. 15 shall, if not previously concluded, be brought to a conclusion at 7 p.m. by one question which shall be put from the Chair and which shall, in respect of amendments, include only those set down or accepted by the Minister for Transport; the proceedings on the Committee and Remaining Stages of No. 16 shall, if not previously concluded, be brought to a conclusion at 10.30 p.m. by one question which shall be put from the Chair and which shall, in respect of amendments, include only those set down or accepted by the Minister for Justice, Equality and Law Reform; the proceedings on No. 1 shall, if not previously concluded, be brought to a conclusion at 11 p.m. and any amendments from the Seanad not disposed of shall be decided by one question which shall be put from the Chair, and which shall, regarding amendments to the Seanad amendments, include only those set down or accepted by the Minister for the Environment, Heritage and Local Government. Private Members’ business shall be No. 38, motion re public private partnership, and shall be taken for 90 minutes at 7 p.m. or on the conclusion of No. 15, whichever is the later.

There are five proposals to put to the House. Is the proposal that the Dáil shall later than 8.30 p.m. agreed to? Agreed.

Is the proposal for dealing with No. 15 agreed to?

No, it is not agreed. There are more than 71 remaining amendments on Report Stage of this important Bill with some fundamental issues that need to be debated. On the last sitting week, the Government will guillotine three important Bills. Members from all sides deserve to debate properly the amendments to the Bill.

I join with Deputy Kenny in objecting to the guillotine being used for the Dublin Transport Authority Bill. Of 108 Report Stage amendments, only amendment no. 8 was reached last week. A range of important amendments must be debated adequately by the House. The Committee Stage debate took 13 hours.

The Labour Party is concerned about the lack of accountability which will exist with the Dublin transport authority. While the Labour Party supports the authority's creation, there is a fundamental lack of democracy and accountability in its proposed structure. The Labour Party is determined that the Dublin transport authority does not become another HSE on wheels. An extended debate is needed to ensure this does not happen.

A raft of amendments on commuters' rights have been tabled to ensure cyclists and pedestrians are represented on the authority's board. Amendments on workers' rights in the public and private transport sector have also been tabled. The Minister for Transport has failed to place any safeguards for workers' rights in the legislation. A decent debate on the Bill is needed and it is reprehensible for the House to rush through 108 amendments in an hour.

Tá mise i gcoinne an mholta deireadh a chur leis an díospóireacht seo ag an tam luaite, toisc gur An Bille um Údarás Iompair Bhaile Átha Cliath 2008 atá ann. Le breis agus bliain anuas táimid ag fanacht ar an reachtaíocht sa Teach seo. San am sin bhí amanna ann nach raibh aon reachtaíocht againn le plé. Anois, mar is gnáth, tá an Rialtas ag déanamh iarrachta deifir a chur ar an reachtaíocht agus í a bhrú tríd an Teach. Nuair a déantar deifir le reachtaíocht, tarlaíonn botúin. Ní gá dúinn ach féachaint ar na fadhbanna tráchta atá le feiceáil timpeall ar Bhaile Átha Cliath cheana féin chun na botúin a ndearnadh roimhe seo a fheiceáil. Ní cóir dúinn deifir a chur ar phlé an Bille seo ná ar na leasuithe curtha ag Teachtaí ó ghach thaobh den Teach, an tAire san áireamh. Is léiriú na deifre é go bhfuil ar an tAire féin leasuithe a chur ar Chéim na Tuarascála. Tá mise i gcoinne an bhrú seo ar an Bhille anocht gan am ceart a thabhairt dúinn le plé a dhéanamh air.

Unfortunately, I am not in the position to accede to a change to the Order of Business due to the requirement to enact the legislation before the House goes into recess.

Question put: "That the proposal for dealing with No. 15 be agreed."
The Dáil divided: Tá, 79; Níl, 62.

  • Ahern, Dermot.
  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Aylward, Bobby.
  • Behan, Joe.
  • Blaney, Niall.
  • Brady, Áine.
  • Brady, Cyprian.
  • Browne, John.
  • Byrne, Thomas.
  • Calleary, Dara.
  • Carey, Pat.
  • Collins, Niall.
  • Conlon, Margaret.
  • Connick, Seán.
  • Coughlan, Mary.
  • Cowen, Brian.
  • Cregan, John.
  • Cuffe, Ciarán.
  • Curran, John.
  • Dempsey, Noel.
  • Devins, Jimmy.
  • Dooley, Timmy.
  • Fahey, Frank.
  • Finneran, Michael.
  • Fitzpatrick, Michael.
  • Fleming, Seán.
  • Flynn, Beverley.
  • Gallagher, Pat The Cope.
  • Gogarty, Paul.
  • Gormley, John.
  • Grealish, Noel.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Healy-Rae, Jackie.
  • Hoctor, Máire.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kenneally, Brendan.
  • Kennedy, Michael.
  • Killeen, Tony.
  • Kirk, Seamus.
  • Kitt, Michael P.
  • Kitt, Tom.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • Mansergh, Martin.
  • McGrath, Finian.
  • McGrath, Mattie.
  • McGrath, Michael.
  • McGuinness, John.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M. J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Brien, Darragh.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Flynn, Noel.
  • O’Hanlon, Rory.
  • O’Keeffe, Batt.
  • O’Keeffe, Edward.
  • O’Rourke, Mary.
  • O’Sullivan, Christy.
  • Power, Peter.
  • Roche, Dick.
  • Ryan, Eamon.
  • Sargent, Trevor.
  • Scanlon, Eamon.
  • Smith, Brendan.
  • Treacy, Noel.
  • Wallace, Mary.
  • White, Mary Alexandra.
  • Woods, Michael.

Níl

  • Allen, Bernard.
  • Bannon, James.
  • Barrett, Seán.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Burke, Ulick.
  • Burton, Joan.
  • Byrne, Catherine.
  • Carey, Joe.
  • Connaughton, Paul.
  • Coonan, Noel J.
  • Costello, Joe.
  • Coveney, Simon.
  • D’Arcy, Michael.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • English, Damien.
  • Enright, Olwyn.
  • Feighan, Frank.
  • Flanagan, Charles.
  • Flanagan, Terence.
  • Gilmore, Eamon.
  • Hayes, Brian.
  • Hayes, Tom.
  • Higgins, Michael D.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Kenny, Enda.
  • Lynch, Ciarán.
  • Lynch, Kathleen.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McHugh, Joe.
  • McManus, Liz.
  • Naughten, Denis.
  • Neville, Dan.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Donnell, Kieran.
  • O’Keeffe, Jim.
  • O’Mahony, John.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Penrose, Willie.
  • Perry, John.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reilly, James.
  • Ring, Michael.
  • Sheahan, Tom.
  • Sheehan, P. J.
  • Sherlock, Seán.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Tuffy, Joanna.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.

Is the proposal for dealing with No. 16, Intoxicating Liquor Bill 2008, Committee and Remaining Stages, agreed to?

No, it is not agreed. Some 52 amendments are tabled to the Bill, one of which deals with sequential or tiered opening hours, which is a cause of great concern to people. Every Deputy from all sides of the House and none has a view on this. The use and abuse of alcohol and the difficulties it causes socially and for families and the persons themselves is of great importance to everybody. It is not right that the debate on this Bill should be guillotined in this fashion. Some 52 amendments have been tabled to it and I object to the proposal by the Government to guillotine the debate on the Bill in this way.

We have a similar view. Some 32 of the amendments to which Deputy Kenny referred have been tabled by the Minister, highlighting the fact the Bill has been filleted beyond recognition by the Minister, and rightly so, because it was originally misconceived as a PR stunt to be enacted before the summer recess.

The Bill has 52 amendments tabled to it, some of which are very important. Some of them, for example, require patrons of nightclubs to be disgorged on to the streets of Dublin and other cities at the same time, which would put extra pressure on public transport, the emergency services and invite further public disorder. It is important that we have time to adequately tease out these issues. As the Government proposes that Committee, Report and Final Stages be taken together, we will not have that opportunity. We will have reason to rue the day for doing that because there are some hurried ill-considered proposals in the Bill. I ask the Taoiseach, if it is not too late, to give us adequate time to debate them.

Cosúil leis an bheirt Theachta eile, tá mé ag cur i gcoinne an mholta atá os ár gcomhair chun an méid ama a bheidh againn chun plé leis an mBille Deochanna Meisciúla 2008 a shrianadh. Tá an reachtaíocht ag iarraidh déileála le fadhbanna sóisialta agus frith-shóisialta. Ní chóir dúinn deifir a chur ar Chéim an Choiste. Ba cheart go mbeadh níos mó ama ar fáil dúinn. De réir sin, tá mé ag cur i gcoinne an mholta seo.

I regret to advise the Deputies that this is a Bill the Government seeks to have enacted before the summer recess because it contains some important public order provisions, which we believe should be brought forward and enacted. I am not in a position to accept a deferral of the Bill until next session.

The Dáil could sit next week.

The Deputy would just love that.

Question put: "That the proposal for dealing with No. 16 be agreed to."
The Dáil divided: Tá, 76; Níl, 60.

  • Ahern, Dermot.
  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Aylward, Bobby.
  • Behan, Joe.
  • Blaney, Niall.
  • Brady, Áine.
  • Brady, Cyprian.
  • Browne, John.
  • Byrne, Thomas.
  • Calleary, Dara.
  • Carey, Pat.
  • Collins, Niall.
  • Conlon, Margaret.
  • Connick, Seán.
  • Coughlan, Mary.
  • Cowen, Brian.
  • Cregan, John.
  • Cuffe, Ciarán.
  • Curran, John.
  • Dempsey, Noel.
  • Devins, Jimmy.
  • Dooley, Timmy.
  • Finneran, Michael.
  • Fitzpatrick, Michael.
  • Fleming, Seán.
  • Flynn, Beverley.
  • Gallagher, Pat The Cope.
  • Gogarty, Paul.
  • Gormley, John.
  • Grealish, Noel.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Healy-Rae, Jackie.
  • Hoctor, Máire.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kenneally, Brendan.
  • Kennedy, Michael.
  • Killeen, Tony.
  • Kirk, Seamus.
  • Kitt, Michael P.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • Mansergh, Martin.
  • McGrath, Finian.
  • McGrath, Mattie.
  • McGrath, Michael.
  • McGuinness, John.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M. J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Brien, Darragh.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Flynn, Noel.
  • O’Hanlon, Rory.
  • O’Keeffe, Batt.
  • O’Keeffe, Edward.
  • O’Rourke, Mary.
  • O’Sullivan, Christy.
  • Power, Peter.
  • Roche, Dick.
  • Sargent, Trevor.
  • Scanlon, Eamon.
  • Smith, Brendan.
  • Treacy, Noel.
  • Wallace, Mary.
  • White, Mary Alexandra.
  • Woods, Michael.

Níl

  • Allen, Bernard.
  • Bannon, James.
  • Barrett, Seán.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Burke, Ulick.
  • Byrne, Catherine.
  • Carey, Joe.
  • Connaughton, Paul.
  • Coonan, Noel J.
  • Costello, Joe.
  • Coveney, Simon.
  • D’Arcy, Michael.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • English, Damien.
  • Enright, Olwyn.
  • Feighan, Frank.
  • Flanagan, Charles.
  • Flanagan, Terence.
  • Gilmore, Eamon.
  • Hayes, Brian.
  • Hayes, Tom.
  • Higgins, Michael D.
  • Hogan, Phil.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Kenny, Enda.
  • Lynch, Ciarán.
  • Lynch, Kathleen.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McHugh, Joe.
  • McManus, Liz.
  • Naughten, Denis.
  • Neville, Dan.
  • Ó Snodaigh, Aengus.
  • O’Donnell, Kieran.
  • O’Keeffe, Jim.
  • O’Mahony, John.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Penrose, Willie.
  • Perry, John.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reilly, James.
  • Ring, Michael.
  • Sheahan, Tom.
  • Sheehan, P. J.
  • Sherlock, Seán.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Tuffy, Joanna.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.

Is the proposal for dealing with No. 1, Nuclear Test Ban Bill 2006, amendments from the Seanad, agreed to?

For the third time I object to the principle of the guillotine here. The new Chief Whip, Deputy Pat Carey, should know guillotines are not acceptable to the Opposition. This is an important Bill. Although there is only a small number of amendments from the Seanad, I again register my opposition to the Government's guillotining of Bills in this way.

The Dáil is here to keep the Executive to account. If the Bills are guillotined by a majority of Government supporters, we cannot hold the Government to account effectively. That is why the Opposition objects to guillotines. We do it in the name and the interests of democracy. That is why we are sent here. While the Seanad amendments to this Bill are not earth shattering, although it is a nuclear Bill, the principle is the same. We object to the Government's guillotining this Bill.

Ar nós an bheirt Theachta romham, tá mé i gcoinne an srianadh ama atá molta don Bhille seo. Táimid tar éis trí ghilitín den sórt seo a phlé, maidir le trí Billí fíor-thábhachtacha. B'fhéidir go mbeimid in ann déileáil leis na leasuithe lastigh de leathuair a chloig, ach ní chóir go mbeimid ag srianadh an méid ama atá ar fáil. Ba cheart dúinn ligint leis an díospóireacht críochnú ina am féin. Ba chóir dóibh siúd a bhfuil spéis acu san ábhar seo bheith in ann díospóireacht cheart a bheith acu. Nuair atá Teachta ag labhairt sa Teach seo, bheadh sé go deas dá dtaispeánfadh Baill ar na binsí eile béasaí agus dá tabharfaidís éisteacht dom agus d'éinne eile atá ag seasamh.

In the hope of avoiding an earthquake of seismic proportions, unfortunately I cannot accede to the Opposition's requests.

Question put and declared carried.

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

To put some regularity into this, could the Government Whip give us the sequence of speakers from the Government side for tomorrow and Thursday's debate so Opposition speakers can follow the respective Ministers and the debate will not be all over the place?

I understand that is almost ready and I intend to open the debate.

I appreciate that.

May I ask again about the fair deal legislation? By the time we return in the autumn, three quarters of the year will be gone and people with relatives in nursing homes will still be struggling to pay for their keep. May I, again, ask the Taoiseach about the €110 million that was allocated this year for the fair deal and whether there has been a decision? The Minister for Health and Children indicated she was considering ensuring some of that money was released to assist families.

I ask the Deputy to raise that in a different way.

When is it expected the legislation will be published?

I wish to ask about the legislation on the same issue. At the end of last week's meeting of the health committee, the Taoiseach's Chairman informed the committee that the legislation would be published this week. I had left the meeting but I have the transcript. However, when I asked the Taoiseach last week he told me it would not be published this session. Both Age Action Ireland and Nursing Homes Ireland were at that meeting and went away with one view, while the Taoiseach has given us another view. I would like a bit of clarity, if possible.

Deputy Reilly can take it that the person with the most authoritative and up-to-date information is probably the Taoiseach rather than a committee Chairman, who, I am sure, was acting in good faith in indicating when he thought it might be published. Some time ago I indicated in this House to the Leader of the Opposition that I did not expect this legislation to be published before the end of this session. I made that point as soon as it became clear to me that it would be the case. Publication will hopefully happen some time during the recess.

Can the Taoiseach give a more accurate indication? The recess is a few months long. Surely he can tell us which month?

The Taoiseach has answered. I am not responsible for the answer.

The Taoiseach's answer is not that satisfactory. At least he has clarified it. He spoke here last week and his committee Chairman spoke after that. It is not unreasonable to accept the last word spoken on behalf of the Government. While the Taoiseach may have clarified the matter, he could have done so with a little more generosity of spirit.

Can the Taoiseach tell me precisely when we can expect the national monuments Bill, or will it remain a monument to the Government's inefficiency? This Bill was originally promised back in 2003 and has not seen the light of day yet. Shame on the Taoiseach that this has not happened.

We cannot have commentaries on the promised legislation.

I understand it will be published next year.

A Deputy

A year is a long time.

When can we expect to see the new road traffic Bill? It is being talked about in the newspapers as if it existed. Last week I asked the Taoiseach about the graduated driver licence Bill, or part of it, and he said no legislation was necessary but clearly it is and he was misled by the Minister for Transport.

The Deputy must ask about promised legislation.

I am asking if he is coming forward with a road traffic Bill. Will we see it by the time we return in the middle of September?

I understand that Bill will be published later this year.

The Taoiseach misled me last week and two weeks ago. Does the Taoiseach accept we need legislation?

Deputy Broughan has had his chance. Deputy Tuffy is in order.

That is the point.

Deputy Broughan must put that question to the Minister for Transport.

Today and tomorrow will be the last time I will see the Taoiseach for approximately three months.

I want to ask the Taoiseach about the national property services regulatory authority Bill. The authority is already open, staff are employed and €600,000 will be spent by November on the running costs of the office. However it has no powers and people in apartments have nowhere to turn to for advice on high management fees and poor services from management companies.

We are sorry there has been a delay in publication on this matter and expect it to be published over the summer.

The previous Minister for Foreign Affairs said he would bring forward legislation dealing with the outlawing of cluster munitions and investment by the National Pensions Reserve Fund in companies that manufacture them. Would the Taoiseach require the Minister for Foreign Affairs to examine extending that to do a full review of the National Pensions Reserve Fund following the revelation that almost half a billion euro of this fund is invested in companies that are propping up the regime in Zimbabwe?

The Deputy will have to ask the Minister that.

This is on promised legislation. I have asked the Taoiseach a very reasonable question.

It is reasonable but it is not in order.

Half a billion euro of State funding is invested in companies that are propping up the regime in Zimbabwe.

That is not in order.

Our Minister for Foreign Affairs stated we should cut ties with that regime politically and economically but we are propping it up. I would like a commitment from the Taoiseach on the issue.

I call Deputy Deenihan.

Is there no response from the Taoiseach?

There is no response because it is not in order.

I hope the Taoiseach will ask the Minister for Finance to examine that and do an ethical audit of the investments of the National Pensions Reserve Fund in such companies.

Deputy Timmins may put his question to the line Minister or raise it on the Adjournment debate. There are several ways of dealing with it.

A harbours Bill was promised for this session but has not been published. When does the Taoiseach expect it to be published?

The Taoiseach and the Tánaiste need a safe harbour.

Unfortunately, that will not be published before we rise but it is expected shortly.

In view of obvious unease in the investment area, would it be wise to introduce as soon as possible, though obviously not before the beginning of the next session, legislation to update collective investment schemes?

What is the name of the Bill?

There is no date set for that.

There is no date. That is not very reassuring for investors. Now that hair shirts seek to become fashionable again, the cleaning services should be put on guard and, in that context, the money laundering services Bill should be a means of discussing that general area.

On the money laundering Bill, Taoiseach.

That should be published later this year.

Another one for mañana.