Chuaigh an Ceann Comhairle i gceannas ar10.30 a.m. Paidir.Prayer.  Requests to move Adjournment of Dáil under Standing Order 31.
An Ceann Comhairle:   Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 31. Mr. Connolly: I seek the adjournment of the Dáil under Standing Order 31 to debate the following urgent matter: the need for the early implementation of a universal, new-born hearing screening programme, such as the one which has been in widespread use in the USA since 1964; the admission by HSE chief executive, Professor Drumm, that such a programme had not been implemented with the desired speed; the proven evidence that new-born hearing screening leads to earlier identification and treatment of children with hearing loss, and the effectiveness of screening in contributing to positive outcomes for early-identified, deaf babies. Ms C. Murphy: I seek the adjournment of the Dáil under Standing Order 31 to debate the following urgent matter: the systems in place to monitor convicted sex offenders, especially those convicted of charges relating to minors and systematic sexual offenders following their release from prison and those convicted offenders who have been placed on the sex offenders’ register and to further debate what notification procedures are in place for the Garda and victims to inform them of releases. I seek also to provide the relevant Ministers with an opportunity to outline which bodies or agencies, if any, are consulted or involved in the run-up to and subsequent release of a convicted sex offender to facilitate continued monitoring, appropriate housing allocation and counselling services aimed at addressing the behaviour which led to the original conviction. Mr. Healy: I seek the adjournment of the Dáil under Standing Order 31 to debate the following urgent matter: the need for the Minister of State at the Department of Finance, Deputy Parlon, to reverse the decision to close Swiss Cottage, Cahir, County Tipperary, to the public for the coming tourism season and to provide immediately alternative, temporary access, which is available. Swiss Cottage is a unique architectural gem, one of the most popular heritage sites in the country and vital to south Tipperary’s tourism industry. Aengus Ó Snodaigh: I seek the adjournment of the Dáil under Standing Order 31 to debate the following urgent matter: the need for the Government to respond to the latest illegal Israeli military incursion into Nablus in the Palestinian West Bank by enforcing emergency economic sanctions on Israel. The latest assault, which commenced last Sunday and was heightened yesterday, has involved some 120 military vehicles, bulldozers and armoured jeeps entering the town, piling up rubble to block roads, besieging three hospitals, actively preventing Palestinian ambulances from approaching the hospitals, placing many thousands of Palestinian civilians under curfew and forcing schools and universities to close. Israeli occupying forces killed and wounded Palestinian civilians and forced young Palestinians to act as their human shields. Mr. Sargent: Ba mhaith liom gnó na Dála a chur ar athló faoi Bhuan-Ordú 31 chun ceist phráinneach thábhachtach náisiúnta a ardú, a phlé agus a shocrú: the failure of the Government to allocate the required extra staff, including gardaí, to the office of the Director of Corporate Enforcement given the wholly inadequate current staffing levels and in light of non-compliance by a number of companies receiving State contracts with, for example, their duty to pay bills. An Ceann Comhairle: Having considered the matters raised, I do not find them to be in order under Standing Order 31. Order of Business. The Tánaiste: It is proposed to take No. 15a, Broadcasting (Amendment) Bill 2006 [Seanad] — Financial Resolution; No. 23, Building Control Bill 2005 — Order for Report and Report and Final Stages; and No. 4, Defence (Amendment) No. 2 Bill 2006 [Seanad] — Second Stage. It is proposed notwithstanding anything in Standing Orders that No. 15a shall be decided without debate. Report and Final Stages of No. 23 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 12.30 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 the Environment, Heritage and Local Government. The proceedings on Second Stage of No. 4 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. today. An Ceann Comhairle: Is the proposal for dealing with No. 15a without debate agreed? Agreed. Is the proposal for dealing with No. 23 agreed? Mr. Bruton: It is not agreed. I understand there are 123 amendments to be dealt with on Report Stage. The time afforded to deal with that is not acceptable. While many Ministers wish to place legacy items on their records as they leave office, this is not an acceptable way to do it. Mr. Rabbitte: The Labour Party opposes the proposal also. To provide 90 minutes at most to take 123 amendments, most of which have been tabled by the Minister, is to fail to provide an adequate opportunity to debate them. Never in the history of Dáil Éireann has the passage from Opposition to Government wrought so great a transformation on a Deputy as it has in the case of the Tánaiste and Minister for Justice, Equality and Law Reform. I hope sincerely that he will not persist in trampling on the right of the House to scrutinise legislation. If the Minister wishes to find a solution, I draw his attention to the fact that three hours have been provided for debate on the Defence Bill. There is no reason we cannot extend the time for consideration of Report Stage of the Building Control Bill into some of the time set aside to take the Defence Bill. Why should there be a guillotine this evening on the Defence Bill when we could resume its consideration at a time when the Minister for Defence is available to attend the House? He is otherwise engaged today. I ask the Minister to offer additional time to consider the Building Control Bill. Mr. Sargent: The Building Control Bill is so vital in respect of energy consumption and quality of life for our people that it is a gross insult, not just to this House, but to the wider public to say it can be wrapped up, sealed and signed in a 90-minute period. I previously raised the fact that Sustainable Energy Ireland research states that only 2% of homes in Ireland comply with the basic Part L of the Building Regulations 2002. We are clearly not controlling building in any form or fashion. An Ceann Comhairle: I would prefer if the Deputy kept his comments to the business before us. This is purely a procedural motion. Mr. Sargent: I will desist because I want to get on with business, but I object to the Bill being handled in this way and the reason for my objection is obvious. Aengus Ó Snodaigh: As this is just a procedural motion, I will stick to that. There is no reason this debate should be curtailed to 90 minutes or so and I am opposed to the guillotine on this Bill, as I have opposed guillotines on other legislation. We should be allowed the time required to have a proper debate, especially since there are several amendments which require full debate in which all Members of the House can take part, rather than just a Committee Stage debate where Members do not have the opportunity to table amendments unless they are members of the relevant committee. The Tánaiste: As Members are aware, this Bill was published in 2005. A number of Deputies, including Deputy Quinn, have urged us to get on with it. We have a duty to pass our legislation in a timely fashion. This legislation is important and the Government has been mindful of constant demands from the other side of the House that we get on with this Bill and not allow it to lag behind. In those circumstances, it is our intention to get it through all its final Stages today. In deference to the requests made by the opposite side of the House, the Government Chief Whip has indicated that he is prepared to discuss with the Opposition Whips allocating an hour from the debate on the Defence (Amendment) (No. 2) Bill 2006 [Seanad] to this matter if agreement can be reached in this regard. An Ceann Comhairle: Is the amended proposal for dealing with No. 4, the Defence (Amendment) (No. 2) Bill 2006 [Seanad], Second Stage, agreed to? Mr. Stagg: As amended. An Ceann Comhairle: As amended. I will hear the Deputy’s comment, but in light of the Tanáiste’s comments—— Aengus Ó Snodaigh: In light of the Tanáiste’s comments, it is still not agreed because if one takes an hour from the Defence (Amendment) (No. 2) Bill 2006 [Seanad], one leaves only enough time for the spokespersons so I am opposed to that being brought to a conclusion at 3.30 p.m. Time should be allocated to allow Members of the House to have a full debate on Second Stage. The Tánaiste: The Government Chief Whip has indicated that he is prepared to add half an hour to that as well if the Deputy is willing to accept it. I am trying to accommodate the Deputy. Aengus Ó Snodaigh: I have no problem. I will get to speak on the matter, but other Members in the House might like to address this important and substantial legislation on Second Stage. I do not want to delay the Bill, but—— An Ceann Comhairle: The question is that the proposal for dealing with No. 4, the Defence (Amendment) (No. 2) Bill 2006 [Seanad], Second Stage, be agreed to. Question put and declared carried. An Ceann Comhairle: Second Stage will conclude at 3.30 p.m. so there is no need to change Question Time. Mr. Bruton: I am sure the Ceann Comhairle read in today’s newspapers that 11 groups have placed an advertisement calling on the Government to implement the report on suicide by the Oireachtas Committee on Health and Children. The trends relating to suicide are well known. A far greater number of people now die by suicide than through road accidents. An Ceann Comhairle: Has the Deputy a question appropriate to the Order of Business? Mr. Bruton: Does the Minister intend to introduce a Supplementary Estimate this year to deal with a cutback in the suicide prevention programme? On two other issues relating to the legislative programme, I notice that the programme for Government contains a commitment to lay down uniform guidelines and principles in respect of the punishment of offenders. There is considerable public concern about the situation whereby sex offenders can be released without any information being provided to victims. An Ceann Comhairle: Has the Deputy a question appropriate to the Order of Business? Mr. Bruton: Does the Minister intend to amend legislation in this area? An Ceann Comhairle: The Deputy is allowed to speak on promised legislation. Mr. Bruton: There is promised legislation in this sphere, but we do not have specific knowledge and I would like the Minister to tell us because this issue is of considerable public concern. Mr. Durkan: Hear, hear. Mr. Bruton: Most people would be very concerned about the establishment of clear ethical principles in respect of the activity of lobbyists. The Government has indicated in the press that it is sympathetic to introducing some capacity for registration of lobbyists. What are the Government’s proposals in respect of this and does it favour a voluntary or statutory register? The Tánaiste: In respect of suicide and the Deputy’s inquiry as to whether a Supplementary Estimate is intended, I would ask him to put down a question to the relevant Minister. I am not aware of any proposal to introduce a Supplementary Estimate in that regard. In respect of sentences, the Courts Service has initiated a project for dramatically improving the knowledge base and database for sentencing decisions among the judiciary and that a working party is well advanced on its work in respect of that. It is not intended at this stage to introduced lobbyists’ registration legislation. Mr. Rabbitte: In light of current controversy concerning the alleged existence of a paedophile ring and the abuse of a young boy in this city, is it the case that soliciting and importuning a child for the purposes of sex was an offence under the criminal law but that arising from the legislation put through by the Minister for Justice, Equality and Law Reform last summer—— An Ceann Comhairle: That question should be directed to the Tanáiste in his capacity as Minister for Justice, Equality and Law Reform. It is not appropriate on the Order of Business. It is not omnibus Question Time to the Minister for Justice, Equality and Law Reform. Mr. Howlin: We have not heard the question. Mr. Rabbitte: Arising from the Criminal Law (Sexual Offences) Act 2006, the offence of soliciting or importuning a child for sexual purposes has been excised. According to my legal advice—— An Ceann Comhairle: We are discussing legislation that has been passed by this House. Has the Deputy a question on promised legislation? Mr. Rabbitte: According to my advice, it is now—— An Ceann Comhairle: Deputy Rabbitte cannot come into the House and ride roughshod over the rules of the House. It is a question that should be addressed to the Tanáiste in his capacity as Minister of Justice, Equality and Law Reform. Mr. Rabbitte: It is no longer—— An Ceann Comhairle: We cannot have omnibus Question Time on the Order of Business. Mr. Rabbitte: There is nothing omnibus about this question, which is very pointed and particular. Deputies: Hear, hear. An Ceann Comhairle: Five minutes ago, Deputy Rabbitte was complaining about 90 minutes being insufficient to do the business of the House. Mr. Rabbitte: Does the Minister agree with me that it is no longer an offence to solicit or importune a minor for sexual purposes and can he tell me whether any legislation is contemplated to shut off the loopholes left as a result of last summer’s rushed legislation? An Ceann Comhairle: Deputy Rabbitte is abusing the Standings Orders of the House. I ask him to raise this matter in another way. If, for example, he wishes to raise it on the Adjournment this evening, the House will facilitate him. The Tánaiste: The Government approved the heads of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill 2006. Ms Burton: That shows—— The Tánaiste: Hold on a second. Can I answer please? Ms Burton: So Deputy Rabbitte is correct. Mr. Neville: The Tánaiste is not in court now. The Tánaiste: Last July. That Bill is currently being drafted in the Parliamentary Counsel’s office. Mr. Stagg: Is that the promised legislation? The Tánaiste: That is the promised legislation. I am dealing with that. Mr. Stagg: When will it be published? The Tánaiste: There are also provisions under section 2 of the Child Trafficking and Pornography Act which deal with any information being used on the Internet in respect of implying a child is available to be used for the purpose of sexual exploitation within the meaning of section 3, irrespective of how or through what medium the representation, description or information has been produced, transmitted or conveyed. The 1998 Act also covers the sharing of information indicating or implying a child is available to be used for the purpose of sexual exploitation. The sexual exploitation of children is an offence under section 3 of the Act. Section 5 also deals with the distribution of child pornography. Regarding the question of whether one particular offence has been repealed by the legislation which this House passed last year, I am not in a position to answer the Deputy at this point. Mr. Rabbitte: Whatever offences arise in connection with the Internet, I have double-checked that it is the case there is no offence under our criminal law at the moment for soliciting or importuning a minor for sexual purposes. What the Tánaiste has referred to is the draft scheme of a Bill. No Bill has yet been published. Given that there is no protection under criminal law for what is normally known as soliciting or importuning for the purposes I have described, will the Tánaiste indicate whether in the lifetime of this Dáil such a Bill will be published and enacted by the House? The Tánaiste: I am grateful to the Deputy for raising the issue. I have not examined it at all. This is the first time the issue has been raised with me. I know the Garda believes it has an adequate legal basis for conducting inquiries into matters which are currently the subject of public concern. If there were any requirement for a change in the law, as the House is aware, in the next couple of weeks we will be publishing a major criminal justice statute and I will deal with the matter in that context. Mr. Sargent: I wish to ask about two items of promised legislation. First, given the Ceann Comhairle’s ruling — which I respect — in regard to Standing Order 31, it might be an opportunity to ventilate some of the concerns of the Office of the Director of Corporate Enforcement if we had the Company Law Consolidation and Reform Bill; however, I do not see any date for that. Perhaps the Tánaiste can indicate whether there is any hope of this Bill being published. Second, given the concern that has been expressed—— The Tánaiste: What Bill is the Deputy talking about? I did not catch what he said. Mr. Sargent: I beg the Tánaiste’s pardon; it was the Company Law Consolidation and Reform Bill. The second item of legislation—— An Ceann Comhairle: The Tánaiste to reply on the legislation. Mr. Sargent: If the Ceann Comhairle does not mind, I said I wished to refer to two items of legislation. The second item of legislation relates to the concerns that have been voiced already by the other Opposition leaders. I have asked about it previously. |