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Da´Il E´Ireann Vol. 609 Thursday, No. 2 3 November 2005 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 3 November 2005. Requests to move Adjournment of Da´il under Standing Order 31 ……………… 505 Order of Business ……………………………… 506 United Nations Conventions: Motion ………………………… 520 Independent Commission of Inquiry: Motion……………………… 520 Private Members’ Business Irish Unification: Motion (resumed) ……………………… 520 Criminal Law (Insanity) Bill 2002 [Seanad]: Second Stage ………………… 554 Ceisteanna — Questions Minister for Defence Priority Questions …………………………… 594 Other Questions …………………………… 604 Adjournment Debate Matters …………………………… 621 Adjournment Debate Anti-Social Behaviour …………………………… 622 Schools Amalgamation …………………………… 626 Local Authority Staff …………………………… 629 Genetically Modified Organisms ………………………… 632 Questions: Written Answers …………………………… 637 505 506 DA´ IL E´ IREANN An Ceann Comhairle: Having considered the matters raised, they are not in order under Stand- ———— ing Order 31. De´ardaoin, 3 Samhain 2005. Order of Business. Thursday, 3 November 2005. Mr. McDowell: It is proposed to take No. 9a, ———— motion re proposed approval by Da´il E´ ireann of the terms of the World Health Organisation Chuaigh an Ceann Comhairle i gceannas ar framework convention on tobacco control; No. 10.30 a.m. 9b, motion re the report of the independent com- mission of inquiry into the murder of Mr. Seamus ———— Ludlow; and No. 1, Criminal Law (Insanity) Bill 2002 [Seanad] — Second Stage. Paidir. It is proposed, notwithstanding anything in Prayer. Standing Orders or the order of the Da´il of 2 November 2005, that Nos. 9a and 9b shall be ———— taken before Private Members’ business and shall be decided without debate, and that Private Requests to move Adjournment of Da´il under Members’ business shall be No. 40, motion Standing Order 31. regarding Irish unity (resumed), to be taken immediately after the Order of Business and to An Ceann Comhairle: Before coming to the conclude after 90 minutes. Order of Business I propose to deal with a number of notices under Standing Order 31. An Ceann Comhairle: There is one proposal to put to the House. Is the proposal for dealing with Mr. Connolly: I seek the adjournment of the Nos. 9a and 9b, motion re proposed approval by Da´il under Standing Order 31 to debate the fol- Dail E´ ireann of the terms of the World Health lowing urgent matter: the disgraceful use of more Organisation framework convention on tobacco than 8,000 An Post pensioners as pawns in the control and motion re report of the independent current dispute in that company by the withhold- commission of inquiry into the murder of Mr. ing of their due increases under Sustaining Pro- Seamus Ludlow, agreed? gress for the past two years; the need for the Minister for Communications, Marine and Natural Resources to ensure pensioners are Mr. Bruton: Can these motions be taken separ- removed from the equation and that their ately? My party wishes to make comments on increases and arrears under Sustaining Progress both. are paid forthwith; and the importance of achiev- ing a fair and equitable resolution of the dispute An Ceann Comhairle: The proposal is that they which threatens to cause widespread disruption be taken without debate. They will be voted on to the postal service. separately. Mr. Healy: I seek the adjournment of the Da´il Mr. Bruton: Will we have an opportunity to under Standing Order 31 to debate the following comment on both? Our health spokesman, urgent matter: the immediate need for the Mini- Deputy Twomey, would like to comment on No. ster for Communications, Marine and Natural 9a and I would like to comment on No. 9b. Resources to intervene in the An Post dispute and to instruct An Post to meet its obligations An Ceann Comhairle: The question is whether under the partnership agreement and pay the full these motions should be taken without debate. increase due under Sustaining Progress to its workers and retired staff. Mr. Bruton: In that event, I wish to comment on both. On No. 9b, what is the reason for the Mr. Sargent: I seek the adjournment of the Da´il lengthy delay in the production of the report of under Standing Order 31 to debate the following the independent commission of inquiry into the urgent matter: the disastrous and unprecedented murder of Mr. Seamus Ludlow? I understand it permission in place for genetically modified has been in Government hands for a year. Is oilseed rape GT73, a viable seed, to be imported there a valid legal reason that the family involved into Ireland; the need for the Government to has not been contacted or given access to any of implement the safeguard clause to protect Irish the information in the report prior to its being agriculture and the future marketing of food in laid before the Joint Committee on Justice, line with the democratic wishes of the Commit- Equality, Defence and Women’s Rights? Can the tees on European Affairs and Environment and Minister for Justice, Equality and Law Reform Local Government and the people of Ireland. give assurances that there are sound legal reasons 507 Order of 3 November 2005. Business 508 [Mr. Bruton.] turbing to learn from the “Morning Ireland” for this and that there is no intention to keep the programme this morning, which featured an family out of the loop? interview with Jimmy Sharkey, a nephew of In regard to 9a, there is a general concern that Seamus Ludlow, that the family only learned last a serious restructuring seems to be taking place night from a member of the media that this within the Department of Health and Children in matter was being brought before the Da´il today. terms of accountability to the Da´il. It seems the Indeed, Members of the House only became health promotion function, which was heretofore aware of it last evening. The circulation of the a key ministerial role, is to be handed over to the proposition in text form came through after 9 HSE where there will be limited accountability to p.m. Explanations are due to the House for this. the House. There is genuine concern in the There has been gross insensitivity to the House that we are seeing a demolition—— family’s position in the way this has been brought before the House. Serious issues are addressed by An Ceann Comhairle: The motion relates to Justice Barron in the report and they merit the World Health Organisation. address by the Members of the House. It is imperative that, if not now, at some time in the Mr. Bruton: ——of democratic accountability near future the Government agrees to facilitate in the health sector. an opportunity for Members to address this important report. Will the Minister explain why Mr. Rabbitte: The Taoiseach promised last it was handled in this way over the past 24 hours? March that the Seamus Ludlow report would be Will he accede to the request to provide an published within weeks. It seems there were diffi- opportunity for Members to address the issues culties in this regard, perhaps arising from the involved in a substantial debate in this Chamber? advice of the Attorney General in regard to named individuals and so forth. Now that it will Minister for Justice, Equality and Law Reform be released into the public domain through the (Mr. McDowell): With regard to the report on Joint Committee on Justice, Equality, Defence the murder of Seamus Ludlow, it was tendered to and Women’s Rights, it seems regrettable that the the Taoiseach a considerable time ago—— family was not advised of the implications of this and invited to be present for the report’s release Mr. J. O’Keeffe: Fourteen months ago. through the committee. Will the Minister for Justice, Equality and Law Reform initiate contact Mr. McDowell: ——but the reason it was not with the family or its representatives? Mr. published earlier is that there were complex Ludlow’s family is aggrieved after this long wait issues arising from it. One of them, as Deputy that it received no notice of the report’s immi- Rabbitte correctly surmised, related to identifi- nent publication. cation of certain parties and factual information relating to those parties. Second, there was an Mr. Sargent: I regret that these motions will be audi alteram partem issue. The Government con- taken together and that there will be no oppor- sidered that one individual had to be given an tunity for debate. I ask the Government to accede opportunity to respond to the matters raised in to Members’ requests for such a debate as soon the report. That was done but it took some time. as possible. No. 9a, which I called for and am glad It is regrettable that the family of Seamus is being signed off by the Government, relates to Ludlow has not been included in the process as the powerful tobacco industry. Smoking is the openly as one would have wished. leading avoidable cause of heart disease and heart disease is the main cause of death in the Mr. F. McGrath: Disgraceful. country so the issue demands debate. The Ludlow report equally appears to raise Mr. McDowell: I made arrangements today for more questions than it answers. Will the Minister a copy of the report to be sent to them immedi- agree to a debate on it? The Garda must have ately. I have been assured by Deputy Ardagh, the incident fully investigated if we are to ensure who is the chairman of the committee, that he will confidence in the security forces on both sides of put the family in the centre of the committee’s the Border. This is extremely pertinent to the cur- concerns and will deal with the matter in a way rent impasse in the peace process and must be that is fully cognisant of their interest in the resolved.
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