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Da´Il E´Ireann Vol. 630 Tuesday, No. 5 6 February 2007 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 6 February 2007. Ceisteanna—Questions Taoiseach …………………………………1501 Minister for Agriculture and Food Priority Questions ……………………………1513 Other Questions ……………………………1527 Adjournment Debate Matters ……………………………1537 Leaders’ Questions ………………………………1538 Requests to move Adjournment of Da´il under Standing Order 31 ………………1551 Order of Business ………………………………1552 Comhairle (Amendment) Bill 2004: Motion ………………………1559 International Agreements: Referral to Select Committee …………………1559 Amendments to Standing Orders: Motion ………………………1560 Finance Bill 2007: Order for Second Stage ……………………………1564 Second Stage ………………………………1565 Private Members’ Business Health Service Reform: Motion …………………………1600 Foyle and Carlingford Fisheries Bill 2006: Order for Report Stage ……………………………1633 Report and Final Stages ……………………………1633 Adjournment Debate Mental Health Services ……………………………1655 Female Genital Mutilation …………………………1659 Avian Flu …………………………………1661 Water and Sewerage Schemes …………………………1665 Questions: Written Answers ……………………………1669 1501 1502 DA´ IL E´ IREANN of any pre-1922 legislation, it is intended that these will be re-enacted in a more modern form. ———— Mr. J. Higgins: Where does the Government’s De´ Ma´irt, 6 Feabhra 2007. proposals on a constitutional referendum on the Tuesday, 6 February 2007. rights of children stand? Have the proposals and the proposed wording been finalised? When does ———— the Government propose to bring the necessary legislation for this referendum before Da´il Chuaigh an Ceann Comhairle i gceannas E´ ireann? Is the Taoiseach concerned that the ar 2.30 p.m. commencement of a general election campaign in less than three months could hinder a compre- ———— hensive debate on what everyone agrees is a very important issue? Paidir. Prayer. The Taoiseach: This matter was discussed this morning and the Minister of State at the Depart- ———— ment of Health and Children, Deputy Brian Lenihan, has given the outline of his full proposal Ceisteanna — Questions. and its wording. To give the parties more time for consultation we will not proceed yet. There is ———— plenty of time if we wish to do this. There are important issues to be dealt with if we can come Legislative Programme. to an agreement. The question is whether politi- 1. Mr. J. Higgins asked the Taoiseach his legis- cal agreement can be reached. The work at lative priorities for the Da´il session beginning official level in the Department will be completed 2007. [42760/06] this week. These are not politically contentious issues. There seems to be comprehensive agree- 2. Mr. Kenny asked the Taoiseach his legislat- ment on them, though they generate much ive priorities for the first half of 2007; and if he interest in certain groups and individuals. We will will make a statement on the matter. [43912/06] wait for the Minister of State to complete his dis- cussions with the parties. 3. Mr. Rabbitte asked the Taoiseach his legis- Mr. J. Higgins: Does the Taoiseach have a tar- lative priorities for the remainder of the 29th get date for a referendum? Da´il. [1004/07] The Taoiseach: Realistically a referendum 4. Mr. Sargent asked the Taoiseach his legislat- would have to be held by some time in April. We ´ ive priorities for the Da´il Eireann session begin- will have the work finalised and it is a question ning in 2007; and if he will make a statement on of whether the work with the parties will also be the matter. [2348/07] finalised. 5. Caoimhghı´nO´ Caola´in asked the Taoiseach Mr. J. Higgins: Is there any question of holding his legislative priorities for the remainder of the such a referendum on the same day as a general current Da´il; and if he will make a statement on election? Does holding a referendum in April fol- the matter. [3720/07] lowed by a general election a few weeks later provide a feasible timescale for these important The Taoiseach: I propose to take Questions issues? Nos. 1 to 5, inclusive, together. My Department has one item of legislation, the The Taoiseach: The Government will be in a Statute Law Revision Bill, which was published position to bring forward a referendum Bill on 1 February 2007 and is at Order for Second within a week and there is no reason a vote Stage in the Seanad. cannot be held in early or late March. It is a ques- This Bill will continue the process of modernis- tion of whether agreement can be reached among ing the Statute Book by repealing 3,188 ancient the parties. I would not propose holding a refer- statutes, dating from between 1200 and 6 endum on the same day as a general election. December 1922, that are now redundant or obsol- That would not be a good idea. ete. The Bill will also positively retain 1,348 stat- utes from the same period, as they are not pro- Mr. Kenny: There is no political disagreement posed for repeal at present. on the requirement for a referendum dealing with Ultimately, it is the intention that all legislation the zone of absolute defence. This is very that pre-dates the foundation of the State will be important and the point has been made repealed. Where we need to keep the provisions previously. 1503 Legislative 6 February 2007. Programme 1504 [Mr. Kenny.] gested that we should not go into recess in the On the four other propositions, it seems the summer until they were dealt with. That is the advice of the All-Party Committee on the Consti- view I heard from all sides. I was strongly criti- tution is not being followed. The advice was that cised because I went to an international forum — one can call a referendum, in an emergency, I was the only member in Europe to be invited — within a thirty day period but that there should and it was argued I should not have gone before be real, public consultation about changes to the dealing with the substantive issue in a legislative Constitution. I met the Children’s Rights Alliance and constitutional way. Since then, I have met all last week and it broadly supports this. the relevant groups, that is, in June, July and Last year the Taoiseach made a comment on September, and I designated the Minister of the requirement for a referendum, as he is State, Deputy Brian Lenihan, to deal with the entitled to do as Taoiseach. We were led to comprehensive issue. A large number of groups believe the Minister of State with special was involved in the process, including legal responsibility for children would have detailed groups, religious groups of all denominations and consultations with the Opposition parties. Deputy medical and sociological groups dealing with chil- O’Keeffe, Fine Gael spokesperson on justice, was dren and other issues. We came to a view in contacted by the Minister of State last week while October, which I aired, and there has since been he was on his way to Dublin and they had a dis- considerable engagement by a range of groups, cussion the following day. The Minister of State including NGOs, educationalists, sociologists and also spoke to the Labour Party spokesman. others, all of which have had meetings with the However, as we have no wording to consider, all Minister of State over the past three months and Fine Gael could discuss this morning at its Front longer. Bench meeting was the intent and objective of I take the point that Deputy Jim O’Keeffe and the Government. others need time and that is why I said what I When one changes the Constitution, unfore- said. I do not expect them to make up their minds seen circumstances may arise. We had rushed on the basis of one meeting — I am not asking legislation in the past, including the nursing any spokesperson to do that. homes Bill, and we have had difficulties with If we do not deal with this issue, it will not be other aspects of legislation that arose, never mind the end of the world, but we should try to deal the Constitution. Although the Taoiseach says he with it. Deputy Kenny is totally right that unfore- wants all-party agreement on the matter, his seen issues can always arise dealing with such approach flies in the face of the recommendation issues. One can take it that as soon as one decides of the All-Party Committee on the Constitution, to hold a constitutional referendum — I have had which was chaired by Deputy Brian Lenihan and this debate for ten years with Deputy Jim which contended there should be serious public O’Keeffe — the all-party committee issues a consultation. The world of academia or other sec- report, which then enters the system for consider- tors may raise very valid questions that are not ation. We sometimes change the views in the all- foreseen by anybody in the political spectrum, as party committee’s report and deal with the matter was the case with the BUPA-VHI issue, in on a legislative basis. It then proceeds to be dealt respect of which a lacuna in the law has been with on some other basis. It is not at all irregular identified. that we do not agree with the view of the all- If the Taoiseach is to hold the referendum in party committee, although it does a good job in early March, as he said to Deputy Joe Higgins, bringing issues to the fore in the way it does. he will note that this is only 35 days, or five Groups on all sides say we should deal with this weeks, from now. In the context of the recom- issue.
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