It is proposed to take No. a10, motion re ministerial rota for parliamentary questions; No. 10, technical motion re further Revised Estimates [Votes 19, 27 and 38]; No. 11, motion re proposed approval by Dáil Éireann of the terms of the United Nations Convention on Transnational Organised Crime and the Protocol thereto to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; and No. 5, Social Welfare (Miscellaneous Provisions) Bill 2010 — 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 10.30 p.m. and that Nos. a10, 10 and 11 shall be decided without debate and any division demanded on No. 10 shall be taken forthwith. Private Members’ business shall be No. 81, motion re banking reports, which shall be taken at 5.30 p.m. and which shall, if not previously concluded, be brought to a conclusion at 8.30 p.m.
Order of Business
There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed?
Before agreeing to the proposal, I wish to ask the Taoiseach if he will accommodate Members by allowing them to make statements and ask questions in respect of the issue relating to the misdiagnosis of miscarriages. As indicated earlier and also yesterday, this is a matter that demands serious address on the floor of the House. In reply to a parliamentary question I tabled yesterday, the Minister for Health and Children, Deputy Harney, acknowledged and admitted that she was aware of this matter, and the specific case of Ms Melissa Redmond, as long ago as August 2009. However, no action was taken by her, her Department or the HSE until Ms Redmond went public.
This is an extremely serious issue which cannot be ignored and which will not go away.
The Deputy cannot develop the point further in respect of this matter.
I appeal to the Taoiseach to provide the necessary time in order that this matter might be addressed in the Dáil. Many women, and not just the small number who were fortunate enough to be able to proceed with the births of their children, are in anguish as a result of this issue.
This matter is completely out of order on the Order of Business. It has nothing to do with the proposal before the House.
There are, perhaps, countless numbers of women who are in great distress as a result of their not knowing whether they had viable pregnancies.
This matter is under consideration for inclusion on tonight's Adjournment debate. The Deputy is now engaging in a Second Stage speech on the Order of Business in respect of it.
The House is due to sit later than 8.30 p.m. However, in light of the importance and seriousness of the matter, will the Taoiseach consider extending the sitting even further in order to provide Members with an opportunity to discuss this matter? I do not mind at what time of the day or night we address this matter, but address it we must. I appeal to the Taoiseach to indicate whether he would be prepared to accommodate the debate I am seeking either late tonight or tomorrow.
This matter is under consideration for tonight's Adjournment debate.
I am asking a fair question. The Taoiseach has made a proposition and I am asking what is his reply to my counter proposal.
I support Deputy Ó Caoláin in his call for time to be made available for a debate on this matter.
I must advise the Deputy that this matter is under consideration for tonight's Adjournment debate. A decision has not yet been made as to whether it will be taken.
The Ceann Comhairle allowed Deputy Ó Caoláin to utter at least one sentence before interrupting him. Perhaps he might grant me the same latitude.
That is fine but the problem is that this matter is not in order on the Order of Business.
Would it be possible for the Ceann Comhairle to afford me the same treatment as that meted out other Members?
Yes. However, two wrongs do not make a right.
I am merely seeking to support Deputy Ó Caoláin's request for a debate on the matter. All we have been offered on this issue is an internal inquiry on the part of the HSE, which would be entirely unsatisfactory. There is a need for an independent inquiry. This was a matter of life and death whereby babies would not have been born if their mothers had not had the instinct to seek a second opinion. It is not satisfactory that the HSE will be carrying out an internal inquiry. This is an extremely serious matter and I do not believe the Minister for Health and Children realises that. We need a Minister for Health and Children who is capable of dealing with the major issues that might arise in respect of his or her portfolio. The current Minister has failed to respond. I urge the Taoiseach to respond on the Government's behalf.
The Minister has responded. She does not care. What she has done is called dumping on the health service.
Perhaps the Taoiseach will make a brief reply. This matter is under consideration for tonight's Adjournment debate.
I am guided by the Chair in respect of these matters. There are various means and procedures which Members can employ in order to raise matters in the House. The ordering of business at any time is a matter for discussion between the whips. I am of the same opinion as the Chair in respect of this issue.
We are seeking a debate on the matter. The Taoiseach has not indicated whether we will be facilitated.
As already stated, this matter has been raised by Deputy Ó Caoláin for discussion on tonight's Adjournment debate.
Would the Taoiseach not——
The Minister for Health and Children will not be in the House to discuss it on the Adjournment.
A debate will not take place. A previously prepared reply will be read into the record.
That is a beginning.
Ceann Comhairle we should not have——
The Deputy is completely out of order. He must find another way to raise this matter. I have indicated that serious consideration is being given to include it for discussion on the Adjournment.
All that will happen on the Adjournment will be that a scripted reply, which will not address the issues that have arisen, will be delivered by someone other than the Minister for Health and Children.
It has probably been written already.
I appeal to the Taoiseach in respect of this matter, which should not be an issue of aggravation across the Chamber. I have no doubt that he is just as concerned about it as other Members. As already stated, this matter relates not only to those women who had fortunate outcomes because intuition or whatever encouraged them to seek further scans.
We cannot develop the point on the Order of Business. The Deputy is completely out of order.
We are concerned with regard to the many more women who followed the direction given to them in hospitals that they should proceed to have D&Cs and who may have terminated viable pregnancies as a result. This is a terrible situation and it requires to be addressed in the House. I do not want the House to divide on this matter.
I would appreciate some co-operation from the Deputy. He is completely out of order.
Will the Taoiseach indicate his intent in respect of the matter?
I have already indicated that there are a number of ways in which matters that are of concern to Members can be raised in the House. As the Deputy is aware, there are ongoing discussions between the whips regarding how business should be ordered. He will also be aware that those discussions can provide opportunities for certain matters to be discussed in instances where agreement can be reached. I cannot——
I propose that we sit until midnight in order to discuss the matter.
I am still on my feet. The Deputy should not interrupt.
Deputy Ó Caoláin is out of order.
I have outlined the position. I am not seeking to divide the House on this matter either. However, it is not possible to raise the issue now and change the Order of Business in order that the House might sit beyond 10.30 p.m. There are other means by which the Deputy can raise this matter, today, tomorrow and in the future.
I must put the question.
I raised the matter last week and I am raising it again now. I propose that the Dáil should sit until midnight in order to discuss this matter.
I have already indicated to the Deputy that this matter is being considered for inclusion on the Adjournment.
Surely it is in order to propose that the House sit until midnight.
The Deputy is out of order.
Am I not entitled to propose an amendment to the Order of Business?
A Deputy can propose an amendment to the Order of Business.
Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed?
Deputy Ó Caoláin has put forward an amendment to that proposal.
Until what time is it proposed that the House will sit? I would like to see the time extended and for the House to sit beyond 8.30 p.m.
This is a matter for discussion by the Whips. The Deputy's Whip is also involved in these matters. Is the proposal agreed to?
A decision on the matter is being made on the floor of the House.
I have advised the Deputy that the matter he has raised is being considered for discussion on the Adjournment at which time, if chosen, he will have ample opportunity to articulate his points.
That is not satisfactory.
Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed?
Is the proposal for dealing with Nos. a10, 10 and 11, without debate, agreed? Agreed. Is the proposal for dealing with Private Members’ business agreed? Agreed. I call Deputy Kenny on the Order of Business.
Yesterday the long awaited Saville report was published. Those of us who can recall the events of 38 years ago will remember the darkness, pain, anger and sense of conflict and personal loss to those involved. The subsequent Widgery report is now discredited. The publication yesterday of the Saville report brings conclusion to one of the darkest and saddest sagas in Irish life during the past 100 years. I believe Lord Saville should be congratulated on the clarity of his report which sets out in clear and graphic terms that the 14 people shot dead by British forces 38 years ago were innocent. This clarification will I believe bring some measure of closure and belated justice and comfort to the bereaved families involved.
I welcome the open and clear statement of apology and sorrow issued yesterday by the British Prime Minister, Mr. David Cameron. The House should set aside time next week to allow Members an opportunity to debate an agreed motion of solidarity with the victims and families arising from the publication of the Saville report. I do not expect there will be any disunity, disharmony or lack of agreement in regard to such a motion which would also bring a measure of finality and closure to this matter in the Republic. Perhaps the Taoiseach will undertake to have his Whip draft an agreed motion in this regard, which Fine Gael will be happy to support and debate next week.
I support Deputy Kenny's proposal which, I believe, would be a good way of this House responding to the publication of the Saville report. I, too, welcome the publication of that report, in particular the clear statements made therein concerning the innocence of those who were shot in Derry on Bloody Sunday, the admission and acknowledgement that the actions of the British Army on that day were totally wrong and, the statement made yesterday by the British Prime Minister in the House of Commons, which expressed in sincere terms his sorrow and the sorrow of his Government and country for what happened on Bloody Sunday. I hope that publication of that report — this was evident from the scenes we saw yesterday from Derry — lifts a cloud not alone for the families of those killed on Bloody Sunday but for the city of Derry.
I understand from the Labour Party Whip that it is intended there will be some discussion of the report in the House next week. However, as suggested by Deputy Kenny, it would be a good idea if agreement could be reached — I am sure it can be — on an all-party motion in this regard. It should be possible to agree a motion which would allow the House to speak with unanimity on this subject. It would be desirable, in terms of the political response from the Republic of Ireland, that we speak with unanimity.
I concur with the sentiments expressed. I welcome the publication of the Saville report. I am on record in welcoming yesterday in this House the Taoiseach's indication that he and the Government will accommodate an opportunity in the coming week to address the Saville report. I concur with the proposition that an all-party motion be the focus of that particular debate.
While praise is unquestionably due to the British Prime Minister, Mr. David Cameron, in terms of his remarks in Westminster yesterday, which were welcome all these years later, the Taoiseach's comments yesterday were also welcome, thoughtful and appropriate. I suggest that in accommodating this opportunity in the coming week, we extend an invitation to representatives of the families of the victims of 30 January 1972 in Derry to attend the Visitors Gallery for the purpose of being witness to the opportunity which the Government will host to address this matter.
I am happy to accommodate such a response by the House to the Saville report, which is an important report in terms of the victims having been declared innocent. The purpose of the campaign for the new inquiry was to achieve this and was supported by all sides of the House. The findings of the report, the reaction of the people of Derry and the honest words of the British Prime Minister in Westminster will serve to significantly advance the cause of healing and reconciliation. I am aware that the families have a range of opinions in regard to where matters go from here. This is a deeply personal matter for them.
I spoke yesterday with some representatives of the families involved and will have an opportunity to meet with and listen to other representatives of the families later today. The Saville report is a massive publication. It will take some time for all those concerned to read, analyse and reflect on its findings. This includes the relevant authorities in Northern Ireland who must consider whether further investigations or prosecutions are to be proceeded with. We now have a thoroughly reformed and democratically accountable policing and justice system in Northern Ireland which must be allowed to discharge its responsibilities without interference and in accordance with the law.
I am happy to arrange for the taking of a series of statements on this matter by way of agreed motion and to enable those who wish to attend to do so.
I thank the Taoiseach.
Last weekend, Lt. General Dermot Earley, chief of staff of our Defence Forces retired.
I am sure my colleagues from Kildare and all Members of the House would like to wish his successor, Major General Seán McCann, good luck in his new role. It is appropriate that we acknowledge the enormous dedication and commitment shown by Lieutenant General Dermot Earley during a long and distinguished career in the Defence Forces. I wish Dermot Earley and his wife, Mary, well as he battles with serious illness.
I join Deputy Seán Power in complimenting Dermot Earley, a county man of my own, on his contribution to the Defence Forces and wish him and his family well. Our prayers are with them at this time.
I join Deputies Power and Finneran in acknowledging the huge work done by the former Chief of Staff, Dermot Earley, for the Defence Forces and I wish him and his family well as he battles with a serious illness. Everyone who met and knew Dermot Earley will acknowledge his warm personality. We all send him our good wishes and I do so on behalf of the Labour Party. There were a few occasions when I, as a Galway man, wished he was not quite as effective in the Roscommon jersey, but that is for another day.
I join with Deputies in wishing Lieutenant General Earley well in his retirement. I recently had the privilege of presenting him with the Distinguished Service Medal. I am sure we all agree that he led the Defence Forces in an exemplary fashion and send our best wishes to him and his family.
I agree with those comments. Dermot Earley was born in Castlebar. My brother marked him at mid-field when Roscommon played Mayo in the 1979 Connacht final. Dermot Earley was one of the most iconic Chiefs of Staff since General Michael Collins, and gave outstanding service to his country. I wish him and his wife, Mary, every success and I hope he is able to deal with his illness. He was an outstanding personality, a wonderful role model for any young person and someone of whom we could be intensely proud when he donned the green uniform on behalf of the Irish Army at home or abroad. I wish him well.
On my own behalf and on behalf of Sinn Féin Deputies, I wish to associate with the good wishes to Dermot Earley in facing the challenges of his life. I acknowledge his role in the Defence Forces. Before he became a senior officer he was a household name as a footballing star in Deputy Finneran's home county of Roscommon, where he made quite an impact. His is a name I remember from watching Gaelic games throughout those years. We wish him well.
On my own behalf and on behalf of all Members of the House, I join in the good wishes to Dermot Earley and to his wife and family.
What is the Government's proposal for this year's summer recess? How long is it intended that this session will continue? The Chief Whip has circulated information on Bills the Government hopes to take in the House before we rise for the summer. I notice the list does not include legislation in respect of management companies, which is something the Labour Party has sought urgently. Neither does it include the legislation we were told would have to be passed in order for Ireland to participate in the EU Stabilisation Fund. Is it intended that those Bills will be dealt with before the summer recess?
What are the Government's intentions with regard to the three by-elections, one of which has been outstanding for more than a year? When I was in Donegal last week, a number of people told me they had it on good authority that the Government intended to hold the Donegal South West by-election in October. What are the Government's intentions with regard to the three by-elections and does it intend to move the writs for them?
I am sorry to disappoint the Deputy. He does not have that information on good authority.
Does anyone have it?
It will not be October, then?
I simply make the point that the Deputy does not have it on good authority.
Are we close?
With regard to legislation, the Multi-Units Development Bill was in the Dáil last week. I am not sure whether it will be completed before the end of the session. The Dáil term has been set out since last October. We were due to rise on 8 July. There is much work to be done between now and then and I ask for the co-operation of everyone in the House to achieve it.
The Government Whip's office has circulated a list of Bills it is hoped will be taken before the House rises for the summer recess. It includes the Health (Miscellaneous Provisions) Bill, with which we are dealing, the Carbon Fund Bill, the Údarás na Gaeltachta Bill, a headshops Bill, a prescriptions Bill, a roads Bill, the Health (Amendment) Bill and the Social Welfare (Miscellaneous Provisions) Bill. There is no mention of the local government (Dublin mayor and regional authority) Bill, which the Minister for the Environment, Heritage and Local Government indicated would be in situ to accommodate the election of a Mayor of Dublin this year. If it is the Government’s intention to proceed with that election this year, why is that facilitating legislation not being dealt with before the summer recess? Is it the case that the Government does not intend to proceed with the election in 2010?
The Minister has indicated that the election of the Mayor of Dublin would take place in the autumn. It is bizarre that the legislation has not been brought before the House. When will we see the legislation? I understand from the Chief Whip that we will not see it before 8 July. Could it be that the legislation will be debated in Dáil Éireann while we are campaigning on the doorsteps? The Minister for the Environment, Heritage and Local Government also indicated that the White Paper on local government would be launched about the same time as the legislation was being introduced in the House. What is the Government's intention regarding legislation for the election of the Mayor of Dublin and the White Paper on local government? It is two and a half years since the publication of the Green Paper.
The Bill has not been published. It has been approved for priority drafting. The legislation must be passed before the election can take place, and it is on that we are currently working.
A committee is finalising proposals for consideration by Government for inclusion in a White Paper on local government.
We thought the Greens were not coming into the House because they were getting ready for the election.
I think it is because they heard Deputy Stagg was here.
In light of the fact that an independent report by Teagasc has stated clearly that farm incomes have decreased by 40%, can the Taoiseach ensure time is given for a debate on agriculture?
There is no promised legislation in this area. The Deputy is out of order.
I am asking for a debate on agriculture before the Dáil rises for the summer.
The Deputy should table a parliamentary question.
We could not have a debate on a parliamentary question.
The Deputy could raise it on the Adjournment.
I am asking that time be allocated for a debate. I would also like to ask about the winding down of the hospital in Dundalk——
No, this is out of order on the Order of Business.
He is asking about your constituency, a Cheann Comhairle.
——at a time when the hospitals in Drogheda and Cavan cannot deal with the problems in the region.
It is not promised legislation.
The Ceann Comhairle is well aware of the problems in his constituency. When will the health information Bill——
Will the Deputy try to find an alternative way of raising the matter?
Sorry, I am asking a direct question.
It is not in order on the Order of Business.
It is in order to ask about the health information Bill.
Sorry. Please do not elaborate.
If the Ceann Comhairle would listen, we would have some chance of getting on with the Order of Business.
A bit of fairness, a Cheann Comhairle.
The health information Bill is extremely important because we are not getting the true facts at present. We need to be able to get them. I would also like to ask about the Bill that will give people eligibility for health and personal social services. When will that be before the House?
I told the Deputy last week that there is no date for the second Bill he mentioned. We are hoping to deal this year with the first Bill he mentioned.
Can the Taoiseach give the House an indication of the current position on the Bill that has been promised to protect families that have fallen into arrears with their mortgages? The Bill in question was promised during the debate on NAMA. The Taoiseach has previously indicated to the House that negotiations are taking place with the various lending agencies. Has a Bill come before the Cabinet? Have discussions taken place at Cabinet level? What form is the legislative proposal likely to take?
There is no promised legislation in this area.
I am sorry, a Cheann Comhairle, but legislation was clearly promised by the Taoiseach and the Minister for Finance in response to the promptings of the Opposition during a debate in this House. The debate took place last November, to the best of my recollection. I can get the precise date.
Action, rather than legislation, was promised.
Legislation was promised.
About what?
In response to amendments proposed by the Opposition during the Committee Stage debate on the NAMA Bill, the Taoiseach and the Minister promised, in good faith, that legislation would be introduced at a later date to address this issue.
No.
I am informed by the lending institutions——
I advise the Deputy to table a parliamentary question on the matter to the line Minister.
I thank the Ceann Comhairle for his assistance. I do not mean any disrespect to him when I say that such a question would not be answered.
That would be the quickest way to get clarity on this matter.
I ask the Taoiseach to give a direct response to my question about legislation that was promised in this House.
It is clear that there is disagreement on the question of whether such legislation was promised.
I suggest that the Deputy should submit a parliamentary question.
I am sorry, a Cheann Comhairle, but if we start to go back over that old nonsense all over again, we will be wasting our time in this House.
Deputy, please.
Can I ask the Taoiseach to indicate——
I ask for the Deputy's co-operation.
The last time I raised this matter on the Order of Business, the Taoiseach indicated to me——
The Deputy has been advised that no legislation is promised in this area at this time. He should submit a parliamentary question to the line Minister.
I am sorry, a Cheann Comhairle, but the Taoiseach answered a question on this matter on the Order of Business in the House in the last three months.
To be helpful to the Deputy, I remind him that a review group has been established to examine these issues generally, drawing on the work of the Law Reform Commission. The review group is due to produce its recommendations on these issues over the summer. In fairness to the Deputy, it is true that our bankruptcy laws and legal processes may need to be modernised. We will see what the position is when those recommendations are made.
I thank the Taoiseach. That is much better.
I would like to ask about two legislative proposals. It was previously indicated that we would see the geothermal energy Bill in February, but it has not yet been published. I would be grateful if the Taoiseach could tell us when exactly it is expected. There was an understanding that the climate change Bill would be published in June, but there is no sign of it. It has been suggested that the heads of the Bill are being prepared. Will the Taoiseach ensure that the heads of the Bill are published before the end of this session, at the very least?
The Greens again.
The geothermal Bill will probably be published later this year. Discussions on the climate change Bill are continuing. The Cabinet sub-committee on that issue will meet shortly. We will bring forward the legislation as soon as the issues are resolved and dealt with.
When will the Government publish the Bill that will put on a statutory basis the operation of the two existing community national schools in north Dublin and the three new schools that will open in September for the next academic year?
We expect that the patronage Bill should be published in this session.
Do I take it that the Bill will be published, but probably not debated, in this session?
Correct. I think that is the position.
Given that the inspector of mental hospitals said on "Morning Ireland" this morning that three of the most significant old institutions should be closed, are we likely to see the mental capacity Bill in this session?
It was hoped that the Bill would be published in this session, but we will have to wait and see. The workload is piling up as we wait for legislation to be completed. It is due in this session.
It is such an important Bill for people who cannot speak for themselves.
Yes. I understand that the changes mentioned by Mr. Kane this morning relate to next February. We will need time to consider these issues.
One of the Bills on the list of legislation that was expected to be dealt with in this session was a Bill dealing with head shops. Can the Taoiseach clarify whether the legislation in question is the Minister for Justice, Equality and Law Reform's Bill on psychotic drugs? If that is the case, can I urge that the Bill in question be dealt with as quickly as possible? A drug on the market that is known as "whack" is causing serious psychotic instances. I understand that approximately 40 people have had to attend hospital accident and emergency units because of the effects of this drug. That number has probably increased by now. It is vital that it be banned as soon as possible. I urge the Government to bring the legislation in question forward as quickly as possible. We will certainly facilitate its passage.
Hear, hear.
The Government intends to introduce the legislation in question in this session.
Will it be completed in this session?
Yes. The intention is to complete it in this session. We need the co-operation of all Deputies in that regard.