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Dáil Éireann díospóireacht -
Wednesday, 10 Dec 2008

Vol. 670 No. 2

Order of Business.

It is proposed to take No. 10, motion re proposed approval by Dáil Éireann of a Council Decision on the strengthening of Eurojust amending Council Decision 2002/187/JHA, back from committee; and No. 2, Health Bill 2008 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m; No. 10 shall be decided without debate; and Private Members' business shall be No. 60, motion re consumer issues (resumed), to conclude at 8.30 p.m. if not previously concluded.

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

Is the proposal for dealing with No. 10 without debate, motion re proposed approval by Dáil Éireann of a Council Decision on Eurojust agreed to?

Regarding No. 2, the Order for Second Stage of the Health Bill 2008, I made the point that I would object to this if the Bill was guillotined. Can the Taoiseach confirm it will not be guillotined on Second Stage? I have heard many Government Deputies down the country saying the decision on withdrawing medical cards from persons over 70 was wrong. I would like them to have the opportunity to repeat that in the Dáil. I will object to this if Second Stage is to be guillotined. I regard the Bill as the betrayal of the elderly. They were given a specific assurance by the Government that, on reaching 70 years of age, they would be given a medical card for the part they played in building up this country and sustaining it. This Bill gives legal effect to taking away what had become a right for them. They felt insulted and betrayed as a consequence. If the Taoiseach assures me that the Bill will not be guillotined on Second Stage, we will not object to it but I will vote against it now if the Bill is to be guillotined.

The proposal before the House relates to No. 10 being dealt with without debate. There is no proposal in respect of the guillotining of any Bill before the House.

I have no problem with No. 10 but I have a problem with No. 2. The reason I raised it yesterday is that I must go to the European People's Party meeting in Brussels and I will not be here in the morning. I wanted to make the case clear today.

I support Deputy Kenny's point that this Bill should not be guillotined. In fact, this Bill should not be before the House at all. Deputy Jan O'Sullivan will deal with that when we address its content. This is the Bill to provide for the withdrawal of medical cards from some pensioners. It is a scandalous item of legislation to bring before the House. The revised schedule, giving us advance notice of business for the week, tells us that it is the Government's intention to guillotine this Bill at 1.30 p.m. tomorrow. There is no proposal on this before us this morning but we can see the guillotine in the distance. It will be applied at 1.30 p.m. tomorrow. That is what the Labour Party Whip has been told. In those circumstances, the Labour Party cannot agree to taking this Bill.

It is not only a case of the guillotine, this Bill should not be on the Order Paper, full stop and end of story. This Health Bill is a further step from the provision of universal health care for all citizens on the basis of need. It is absolutely objectionable because it excludes a sector of the over 70s from its automatic entitlement to a medical card that has heretofore, as a result of a previous Government decision, been afforded full access to the medical card. It is a most cold, callous and inappropriate measure and one that I ask the Taoiseach to withdraw from the Order Paper in its entirety. It is signalled for a guillotine at the conclusion of Second Stage at 1.30 p.m. and a second guillotine is signalled for 6.30 p.m. on all remaining Stages. It should be removed from the Order Paper immediately and the Government, however late in the day at this 11th hour, should take the decision to withdraw the measure and to respond to the cry of the senior citizens of this country and all who stand for health care justice in this jurisdiction. The legislation should be withdrawn, as it does not include measures that would be beneficial to our citizenry and it is counter to all that was committed to in the programme for government, which signalled the Government's intent to extend eligibility. This legislation is designed to curtail it.

The legislation was signalled by the Government in respect of the reforms that we brought forward in the interests of maintaining a sustainable level of service for all citizens, including those aged over 70 who have an entitlement to a medical card. The large threshold we have devised in respect of the income thresholds that will apply confirm that 19 out of every 20 existing pensioners will remain eligible for this card. It is our intention that the legislation will be taken until 1.30 p.m. tomorrow.

Government Members will find out in January.

The Taoiseach should be ashamed of himself.

Question put: "That the proposal for dealing with No. 10 without debate be agreed to."
The Dáil divided: Tá, 77; Níl, 69.

  • Ahern, Dermot.
  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Andrews, Chris.
  • Ardagh, Seán.
  • Aylward, Bobby.
  • Blaney, Niall.
  • Brady, Áine.
  • Brady, Cyprian.
  • Brady, Johnny.
  • Browne, John.
  • Byrne, Thomas.
  • Calleary, Dara.
  • Carey, Pat.
  • Collins, Niall.
  • Conlon, Margaret.
  • Connick, Seán.
  • Coughlan, Mary.
  • Cowen, Brian.
  • Cregan, John.
  • Cuffe, Ciarán.
  • Cullen, Martin.
  • Curran, John.
  • Dempsey, Noel.
  • Devins, Jimmy.
  • Dooley, Timmy.
  • Fahey, Frank.
  • Fitzpatrick, Michael.
  • Fleming, Seán.
  • Flynn, Beverley.
  • Gallagher, Pat The Cope.
  • Gogarty, Paul.
  • Grealish, Noel.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Healy-Rae, Jackie.
  • Hoctor, Máire.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kenneally, Brendan.
  • Kennedy, Michael.
  • Kirk, Seamus.
  • Kitt, Michael P.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • McEllistrim, Thomas.
  • McGrath, Mattie.
  • McGrath, Michael.
  • McGuinness, John.
  • Mansergh, Martin.
  • Martin, Micheál.
  • 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.
  • Power, Peter.
  • Power, Seán.
  • Roche, Dick.
  • Ryan, Eamon.
  • Sargent, Trevor.
  • Scanlon, Eamon.
  • Treacy, Noel.
  • Wallace, Mary.
  • White, Mary Alexandra.
  • Woods, Michael.

Níl

  • Allen, Bernard.
  • Bannon, James.
  • Barrett, Seán.
  • Behan, Joe.
  • Breen, Pat.
  • Bruton, Richard.
  • Burke, Ulick.
  • Burton, Joan.
  • Byrne, Catherine.
  • Carey, Joe.
  • Connaughton, Paul.
  • Coonan, Noel J.
  • Costello, Joe.
  • Coveney, Simon.
  • Crawford, Seymour.
  • Creed, Michael.
  • Creighton, Lucinda.
  • 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.
  • Hayes, Tom.
  • Higgins, Michael D.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Kenny, Enda.
  • Lynch, Ciarán.
  • Lynch, Kathleen.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McGinley, Dinny.
  • McGrath, Finian.
  • McHugh, Joe.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Naughten, Denis.
  • Neville, Dan.
  • Noonan, Michael.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Donnell, Kieran.
  • O’Dowd, Fergus.
  • O’Keeffe, Jim.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Penrose, Willie.
  • 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.
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.

Will the Taoiseach clarify something for me? I understand Mr. Peter Bonde, a eurosceptic MEP, stated on national radio this morning that a deal had been done and announced to French MEPs on what would be concluded in respect of Ireland when the Taoiseach attends the summit today and tomorrow. I do not expect this is the case and the Minister for Foreign Affairs stated on radio that this was not true. What is the position? In respect of this matter, I assume whatever arrangements the Taoiseach makes with his counterparts will not be concluded until the summit has concluded.

Does the Minister for Finance intend to bring before the House next week a scheme for recapitalisation of the banks so that access to credit can be available to small businesses and credit can flow for people to do their business?

Strictly speaking, neither of these matters are in order unless the Taoiseach can be helpful.

I ask him to answer as they are important.

The only general observation I will make is that if the Leader of the Opposition wants to have a good handle on what Irish foreign policy is at any time if there is a contest between the Minister for Foreign Affairs and Mr. Bonde, the Minister for Foreign Affairs will win it quite easily.

I have no problem with it at all.

We are working intensively with the Presidency and with colleague member states to bring to their attention this issue coming up and trying to put our case. Obviously, no agreement will be reached until any conclusions are adopted.

With regard to the other matter there are no Government proposals.

I remind Members that Leaders' Questions are over for today and we are on the Order of Business. We cannot have a rehash or a second bite of the cherry.

Today is International Human Rights day and marks the 60th anniversary of the adoption of the Universal Declaration of Human Rights. Will the Government mark International Human Rights day by reversing the 24% cut in the budget for the Irish Human Rights Commission?

That is not in order as the Deputy well knows.

The Taoiseach was bestirring himself to reply.

We cannot start Leaders' Questions all over again.

On the timing of two Supplementary Estimates, the first is Vote 40 on the Health Service Executive. In this context will the Taoiseach ensure the Minister and the FSAI instruct the primary processors of pigmeat to release the batch numbers——

We cannot discuss this now as Deputy Naughten well knows.

——of the contaminated pork so the product that is not contaminated can be released on to the market?

It is not possible to discuss this now.

It cannot be done without the batch numbers being released.

When will the Supplementary Estimate from the Department of Agriculture, Fisheries and Food come before the House in the context of the talks taking place at present? Will it make provision for the secondary processors——

We cannot go into that.

——as well as the primary processors?

Does the Taoiseach have information on when the Supplementary Estimate will come before the House?

I understand one will come back from the Select Committee on Health and Children tomorrow for a short debate. I do not think the Supplementary Estimate with regard to Agriculture is due until next week and I cannot anticipate anything at present.

Will the Taoiseach ensure the batch numbers are released?

With regard to the Charities Bill, as the Taoiseach is aware the Government was defeated in the Seanad last week on a Fine Gael amendment allowing sports clubs to claim charity status. This was largely due to the absence of ten Fianna Fáil Members and I understand the two Green Party Senators were having their lunch.

Were they eating ham sandwiches?

When will time be made in the House to discuss the Charities Bill? Will the Taoiseach accept the result from the Seanad and bring forward the Bill as amended by the Seanad to this House?

It has not concluded in the Seanad.

When it concludes.

Is this legislation coming before the House?

It is on Report Stage in the Seanad.

As has already been noted, today is International Human Rights day. Is the Taoiseach prepared to sponsor the introduction of the Human Rights Commission (Amendment) Bill 2008 as a Government proposition in the schedule of business for the new term? I commend it to him as introduced by the Sinn Féin Deputies.

Is the Taoiseach aware that there is a serious crisis in community child care services——

That issue cannot be raised on the Order of Business.

Will the Ceann Comhairle allow me to finish my sentence? Whatever it is that he wants to hear——

There is no question of allowing the Deputy to finish his sentence because it has nothing at all to do with the Order of Business.

Child care services are in crisis as a direct consequence of the Government's introduction of the community child care subvention scheme.

The Taoiseach can respond only to questions on legislation.

Will the Taoiseach accommodate a debate or statements on the crisis in child care services before Christmas?

The commendation by the Deputy of the legislation to which he referred would not be sufficient to guarantee my support.

On the matter of the crisis in child care services, a crisis created by the policies of this Government, will the Taoiseach agree to a debate before the Christmas recess?

I have called Deputy Costello.

Yesterday I sought the adjournment of the Dáil under Standing Order 32 to debate the killing of a man in cold blood in East Wall. Today I have tabled a private notice question on the same issue. Will the Taoiseach or Ceann Comhairle say whether a debate on this matter will take place today?

In regard to the private notice question, the Deputy will be communicated with in the usual way.

Is that a "Yes" or a "No"?

The Deputy will be informed in the usual way.

In light of the serious animal welfare situation in the pig industry, when will the animal health and welfare Bill be introduced in the House to allow us to discuss this issue?

Given that patients in Drogheda are being forced this week to undergo operations to have their arms broken and reset under local instead of general anaesthetic, when will the health information Bill be introduced?

Both those Bills are subject to a public consultation process. Neither will progress until that process is completed.

When can we expect publication of the landlord and tenant Bill? I made inquiries about this Bill more than 12 months ago and was told it would come before the House in 2008.

There is currently no date for the introduction of this Bill.

The Second Stage debate on the Broadcasting Bill 2008 is ongoing. Will the Taoiseach ask the Minister for Communications, Energy and Natural Resources to resubmit an amendment tabled by Deputy Coveney in regard to the ridiculous decision of the Broadcasting Commission of Ireland to ban an advertisement by Veritas? The Minister refused to accept Deputy Coveney's amendment and it was defeated.

The Deputy will have to find another means of raising this issue.

Will the Taoiseach ask the Minister to resubmit an amendment of his own so that we can get away from such absolutely stupid political correctness?

Deputies

Hear, hear.

That is a matter for the committee.

Given that it is the 60th anniversary of the Universal Declaration of Human Rights, and to save time on the Order of Business in future, will the Taoiseach arrange for the publication of all conventions or international instruments in the human rights area which are signed by Ireland but not ratified? Where there are proposed instruments such as in the area of disability or otherwise, will the Taoiseach undertake to indicate the intention of the Government by way of signature and ratification? Does he agree there is value in encouraging the placing of human rights as a core in the education system and in the administrative system of the State, which has not been penetrated by any culture of human rights?

I do not agree with the final part of the Deputy's statement.

The Taoiseach should try standing at a hatch some time.

In regard to the other matters, I will ask the Department of Foreign Affairs to collate that information for circulation.

I will be in touch with the Minister for Justice, Equality and Law Reform on the other aspect I raised.

The proposal could have serious implications for the Order of Business.

When will the Land and Conveyancing Law Reform Bill 2006, which seeks to upgrade conveyancing law and which was dealt with substantially in the Seanad, be introduced in this House?

That Bill is awaiting Committee Stage. We hope it will be taken up soon by the relevant committee.

Given the anniversary we are celebrating today and the recent visit of the Council of Europe's Commissioner for Human Rights, Mr. Thomas Hammarberg, has the Government any plan to introduce and promote a national human rights action plan?

Regardless of today's anniversary, that cannot be discussed on the Order of Business.

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