Order of Business.

Wednesday, 3 November 2004

Dáil Eireann Debate
Vol. 591 No. 4

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The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  It is proposed to take No. 3, the Grangegorman Development Agency Bill 2004 — Order for Second Stage and Second Stage; and No. 4, the Road Traffic Bill 2004 — Order for Second Stage and Second Stage. Private Members’ business shall be No. 32, motion re child care (resumed), to conclude at 8.30 p.m.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  There are no proposals to put to the House on the Order of Business.

Mr. Kenny: Information on Enda Kenny  Zoom on Enda Kenny  I have two questions. Last week I raised the issue uncovered by Deputy Perry of persons over 70 who had received medical cards being charged for long-stay places in public institutions. The Taoiseach said the Attorney General was providing advice to the Government. Has that advice now been given, and, in line with what the Taoiseach said, will there be legislation based on it not already included in the published list?

The harbours Bill is due for publication in 2005. Can the Taoiseach state clearly when that might be produced?

[1043]The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  After Deputy Kenny raised the first issue last week, I spoke to the Attorney General and asked that whoever was dealing with the matter in his office try to quicken the process. He told me on Monday that he is examining the issue himself and will give final advice to the Government as quickly as possible. The heads of the harbour Bill have been prepared. It is to update the Acts of 1946 to 2000, but it will be published no earlier than next year, since the heads are not yet available.

Mr. Rabbitte: Information on Pat Rabbitte  Zoom on Pat Rabbitte  Almost 600 people lost their jobs through the closure of the Irish Press. Does the Government intend to have the company investigated given last night’s programme about the company’s highly irregular governance——

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  That does not arise on the Order of Business.

Mr. Rabbitte: Information on Pat Rabbitte  Zoom on Pat Rabbitte  ——which, it is suggested, contributed to the eventual loss of employment? Might the situation of small shareholders, predominantly lifelong followers of the Taoiseach’s own party——

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  That is not a question on the Order of Business.

Mr. Rabbitte: Information on Pat Rabbitte  Zoom on Pat Rabbitte  ——be referred for assessment to the Office of the Director of Corporate Enforcement?

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  That is not relevant. The Deputy will have to find another way of raising the matter.

Mr. Costello: Information on Joe Costello  Zoom on Joe Costello  How about a tribunal?

Mr. Sargent: Information on Trevor Sargent  Zoom on Trevor Sargent  The Bills listed in section C are Bills in respect of which heads have yet to be approved, such as the Dublin metro Bill. The Taoiseach told us that Bill would be published in 2005 but recently said that we need not wait on the metro at all, so the purpose of the Bill remains a mystery.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  Has the Deputy a question? This matter was dealt with yesterday on the Order of Business and again this morning.

Mr. Sargent: Information on Trevor Sargent  Zoom on Trevor Sargent  Will the Taoiseach say when the Bill is to be published and what its meaning is? Is there a list of Bills which the Taoiseach does not intend to proceed with, such as the greater Dublin area land use and transport Bill, and the Transport Authority Bill, which I understand are now removed? It seems there are Bills with which the Government will not proceed and which are there only for show. Can we have that list?

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  The policy objectives of the Dublin greater area land use and transport Bill can be addressed within the existing and proposed structures such as regional land use stra[1044]tegies, consistent with the national spatial strategy, the Dublin Transportation Office strategic transport planning, the establishment of an independent national public transport procurement and regulatory body and the metro Bill, which is designed to streamline and accelerate procedures metro projects and reduce costs. The Minister for Transport will bring forward his proposals on that in due course.

Ms Shortall: Information on Róisín Shortall  Zoom on Róisín Shortall  There is still no co-ordination.

Mr. Durkan: Information on Bernard Durkan  Zoom on Bernard Durkan  Will the Taoiseach say when we will have before us the Bill to convert the ESB into a plc and to update legislation in that area? When will the heads of the Bill be approved? Have they been considered? It is No. 16 on the list.

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  The heads of this Bill have been approved by Government. I do not yet know when the Bill will ready. It will deal with the remaining regulatory and restructuring issues regarding the electricity industry and with converting the ESB under the Companies Act, but it is not on the schedule over the next few months.

Mr. Gilmore: Information on Eamon Gilmore  Zoom on Eamon Gilmore  I asked the Taoiseach yesterday about organising a debate in the House on the report of the All-Party Committee on the Constitution, which dealt with the cost of building land, an issue referred to the committee by the Taoiseach. He told me that he would raise the matter of a debate with the Whips. Has he done so?

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  That does not arise.

Mr. Gilmore: Information on Eamon Gilmore  Zoom on Eamon Gilmore  It arises from the answer I was given yesterday. I asked about a debate in the House. The Taoiseach said he would raise the matter with the Whips. Has it been raised with them?

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  The Deputy is entitled to ask only about debates that are promised in the House.

Mr. Gilmore: Information on Eamon Gilmore  Zoom on Eamon Gilmore  Did what the Taoiseach say constitute a promise?

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  I understand the Whips will meet this evening to discuss proposed debates.

Mr. Gilmore: Information on Eamon Gilmore  Zoom on Eamon Gilmore  Will the Taoiseach be at that meeting?

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  No.

Mr. Stagg: Information on Emmet Stagg  Zoom on Emmet Stagg  On a point of order, it seems that the Whips have some supernatural power and can determine what the Government will allow on the clár of the House. That is not so. Without instructions from the Taoiseach, the Government Whip cannot on his sole authority arrange a debate.

[1045]An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  That is not a point of order. The Chair knows nothing about what the Whips do.

Mr. Stagg: Information on Emmet Stagg  Zoom on Emmet Stagg  The Taoiseach is being disorderly.

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  I will raise another point of order. Whenever I try to exert speed into the passage of business, Deputy Stagg says, probably correctly, that I am trying to railroad through certain things and that the Whips should agree on these things. He cannot have it both ways.

Mr. Stagg: Information on Emmet Stagg  Zoom on Emmet Stagg  Can we take it that the Taoiseach is waiting on the instructions of the Whips?

Caoimhghín Ó Caoláin: Information on Caoimhghín Ó Caoláin  Zoom on Caoimhghín Ó Caoláin  Given the limited time remaining between now and the end of the year, does the Taoiseach anticipate that the Health Bill will have completed its passage in order to give effect to the new structures promised from 1 January 2005?

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  The Bill is due and must be passed.

Mr. Neville: Information on Dan Neville  Zoom on Dan Neville  I want to raise the issue of the Dormant Accounts Bill. We need a full discussion of dormant accounts because we have moved away from the original objective of the distribution of those accounts.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  That does not arise. I suggest that the Deputy submits a question.

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  The Bill is before the Seanad.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  In reply to a parliamentary question last week to the Tánaiste and Minister for Health and Children regarding access to medical services for low-income families, I was informed by the Tánaiste that she was committed to——

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  Has the Deputy a question appropriate to legislation?

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  Yes, on promised legislation.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  The Deputy should ask about the legislation. A preamble in advance of the question is not appropriate.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  I accept that ruling but the Tánaiste said she was committed to the preparation of new legislation to update and codify the whole legal framework.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  We are moving to the next business, No. 3, the Grangegorman Development Agency Bill 2004.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  I will put a question on promised legislation. I promise to do so. The [1046]Ceann Comhairle might bear with me for a minute.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  It comes straight to the legislation. The Chair rules on other Deputies and Deputy Cooper-Flynn cannot have a Standing Order for herself.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  This is the problem. I cannot find reference to the matter in the legislative programme, but it has been promised by the Tánaiste and I will ask the Taoiseach about it if the Ceann Comhairle will just bear with me for one minute.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  I will not bear with the Deputy for one minute. She must obey the Standing Order like everyone else.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  How about 30 seconds?

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  If the Deputy has no question on legislation, we will move on.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  As I understand it I am quite entitled under the Order of Business to ask a question on promised legislation. This is promised legislation.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  The Deputy is entitled to ask a question in accordance with Standing Order 26. If the Deputy wishes the Chair to read out the Standing Order, the Chair will oblige.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  I am aware of the Standing Order.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  The Deputy cannot have a long preamble to a question on legislation. We must have orderly business in the House.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  This is promised legislation.

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  What is the legislation?

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  I could have finished 30 seconds ago if the Ceann Comhairle had allowed me to continue. The legislation is to update and codify the legal framework for eligibility and entitlement with regard to the health services. When can we see that legislation? I thank the Ceann Comhairle for his patience.

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  The only relevant legislation for this session is the health Bill. There is no other legislation.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  The matter does not fall under the health Bill. It is not on the legislative programme. That is why I ask the question.

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  We will check.

Ms Cooper-Flynn: Information on Beverley Cooper-Flynn  Zoom on Beverley Cooper-Flynn  I will send a note to the Taoiseach’s office.

Mr. J. Higgins: Information on Joe Higgins  Zoom on Joe Higgins  Once again this morning we have had a new definition of patience in the Dáil.

[1047]Is it acceptable that three building workers have to spend a night on a crane on a Gama Construction site in Clondalkin, to force their employers to pay their wages?

An Ceann Comhairle: Information on Rory O'Hanlon  Zoom on Rory O'Hanlon  Has the Deputy a question on legislation?

Mr. J. Higgins: Information on Joe Higgins  Zoom on Joe Higgins  Regarding the Building Control Bill, will the Taoiseach say when fly-by-night sub-contractors will be brought into line?

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  The Bill will come before the House in 2005.

Mr. J. Higgins: Information on Joe Higgins  Zoom on Joe Higgins  Is it acceptable that workers have to risk their lives?

Mr. Gogarty: Information on Paul Nicholas Gogarty  Zoom on Paul Nicholas Gogarty  When will we have the third level students support Bill?

The Taoiseach: Information on Bertie Ahern  Zoom on Bertie Ahern  I have not got a date for that.


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