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Vol. 632 Thursday, No. 2 22 February 2007 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 22 February 2007. Requests to Move Adjournment of Da´il under Standing Order 31 ……………… 321 Order of Business ……………………………… 322 Visit of Ivory Coast Delegation ………………………… 341 Order of Business (resumed) …………………………… 341 Diseases of Animals Regulations: Referral to Joint Committee ……………… 344 Presentation of Estimates: Motion ………………………… 345 Health Bill 2006: Second Stage (resumed) …………………………… 345 Referral to Select Committee ………………………… 375 Message from Seanad ……………………………… 376 Message from Select Committee ………………………… 376 European Communities Bill 2006 [Seanad]: Second Stage (resumed) …………………………… 377 Referral to Select Committee ………………………… 394 Broadcasting (Amendment) Bill 2006 [Seanad]: Second Stage ……………………………… 395 Referral to Select Committee ………………………… 429 Ceisteanna — Questions Priority Questions …………………………… 429 Other Questions …………………………… 444 Private Notice Questions ………………………… 446 Adjournment Debate Matters …………………………… 455 Adjournment Debate Post Office Network …………………………… 456 Languages Programme …………………………… 460 Social and Affordable Housing ………………………… 464 Questions: Written Answers …………………………… 469 321 322 DA´ IL E´ IREANN that they have now sought to give the impression that the 750,000 tonne incinerator is not going ———— ahead—— De´ardaoin, 22 Feabhra 2007. Mr. McCormack: Before the general election. Thursday, 22 February 2007. Mr. Gormley: ——despite the fact Dublin City ———— Council has stated it is still on track; and the need for both Ministers to explain why the Govern- Chuaigh an Leas-Cheann Comhairle i gceannas ment voted down a Green Party motion and Bill ar 10.30 a.m. which would have stopped the incinerator. ———— Deputies: Hear, hear. Paidir. An Leas-Cheann Comhairle: Having con- Prayer. sidered the matters raised, I have found that they are not in order under Standing Order 31. ———— Mr. Allen: This gives a new meaning to Ash Requests to move Adjournment of Da´il under Wednesday. Standing Order 31. Mr. Roche: It is a burning question. An Leas-Cheann Comhairle: Before coming to the Order of Business, I propose to deal with a Order of Business. number of notices under Standing Order 31 and will call on Deputies in the order in which they The Ta´naiste: It is proposed to take No. 18a, submitted their notices to my office. motion re referral to joint committee of proposed approval by Da´il E´ ireann of a proposal that Mr. F. McGrath: I seek the adjournment of the section 17A of the Diseases of Animals Act 1966 Da´il under Standing Order 31 to raise a matter shall continue in force for the period ending on 8 of national importance, namely, the crisis in the March 2008; No. 18b, motion re presentation and health service, particularly in respect of patients circulation of Revised Estimates 2007; No. 24, being on trolleys at Beaumont Hospital. I call on Health Bill 2006 — Second Stage (resumed); No. the Government to implement an action plan 25, European Communities Bill 2006 [Seanad] — placing investment, reform and additional beds as Second Stage (resumed) and No. 1, Broadcasting part of the health strategy and urge all Members (Amendment) Bill 2006 [Seanad] — Second and the Government, in particular, to do some- Stage. thing urgently about the crisis in the health It is proposed, notwithstanding anything in service. Standing Orders, that the Da´il shall sit later than 4.45 p.m. tonight and business shall be interrup- Mr. Connolly: I seek the adjournment of the ted at the conclusion of oral questions to the Da´il under Standing Order 31 to raise a matter Ta´naiste and Minister for Justice, Equality and of national importance, namely, the dearth of Law Reform; Nos. 18a and 18b shall be decided diagnostic and assessment services in the Cavan without debate and, in the case of No. 18b, any and Monaghan region for young children under 3 division demanded thereon shall be taken forth- years of age with sensory disabilities; the inordi- with; the proceedings on the resumed Second nate waiting time being experienced by both Stage of No. 24 shall, if not previously concluded, parents and children for assessment, which can be brought to a conclusion at 1.30 p.m. today; the run to more than two years; the acute scarcity of proceedings on the resumed Second Stage of No. speech and language therapists, paediatric neur- 25 shall, if not previously concluded, be brought ologists, psychologists and psychiatrists, which to a conclusion at 2.30 p.m. today; the pro- adds to the difficulties in accessing services. I call ceedings on the Second Stage of No. 1 shall, if on the Minister for Health and Children to take not previously concluded, be brought to a con- the necessary steps to ensure the earliest possible clusion at 4.45 p.m. today; that Question Time intervention for such children. today shall be taken at 4.45 p.m., or on the con- clusion of No. 1, whichever is the later, for 75 Mr. Gormley: I seek the adjournment of the minutes and in the event of a private notice ques- Da´il under Standing Order 31 to raise a matter tion being allowed, it shall be taken after 45 of national importance, namely, the need for the minutes; and the order shall not resume Minister for Justice, Equality and Law Reform thereafter. and the Minister for the Environment, Heritage The Da´il shall sit tomorrow at 10.30 a.m. and and Local Government to make immediate state- shall adjourn not later than 2 p.m.; there shall be ments to the House on whether the Government no Order of Business, that is, within the meaning is still fully committed to incineration in general of Standing Order 26; the taking of any divisions and the Poolbeg incinerator, in particular, given shall be postponed until immediately after the 323 Order of 22 February 2007. Business 324 [The Ta´naiste.] There should be enough time. We should have Order of Business on Tuesday, 27 February 2007, extra sittings on other days of the week if and accordingly, the following business shall be required to allow Deputies have a full debate. transacted: No. 9, Medical Practitioners Bill 2007 Extra sittings should also allow for a proper — Second Stage and the proceedings thereon Order of Business and questions to Ministers. shall, if not previously concluded, be brought to The House has gone on too long dealing with a conclusion at 2 p.m. on that day. matters which are not as urgent as some of the proposals before us. We should have an oppor- An Leas-Cheann Comhairle: There are seven tunity to address and speak to them rather than proposals to be put to the House. have the debate guillotined in the way the Government now proposes, not only on this Mr. Rabbitte: Will the Ta´naiste assure the matter but also on a number of others during the House that this is the real Order of Business? We coming weeks. were transparently furnished with an Order of Business yesterday that was fraudulent and led Question, “That the proposal for dealing with to another being put to the House after Private No. 24 be agreed to,” put and declared carried. Members’ Business when an extremely urgent matter had to be taken with minimum notice. Can An Leas-Cheann Comhairle: Is the proposal we rely on this as the real Order of Business? for dealing with No. 25 agreed? The Ta´naiste: This is the real Order of Busi- Mr. Allen: I disagree with this proposal ness. The decision to bring the legislation before because it deals with a vital Bill which was the House yesterday evening on an emergency described as purely technical but which proposes basis was not made until the afternoon. I reject to seriously erode the powers of the House in the suggestion fraudulence or sleight of hand dealing with European directives. It should was involved. receive a full airing. The hour provided today is insufficient. Mr. McCormack: We do not believe anything anymore. Mr. Costello: This measure will only be dis- cussed for one hour today. It is extremely Mr. Gormley: Is the incinerator project going important because it proposes to change ahead? dramatically the manner in which we transpose EU directives into domestic legislation. Approxi- An Leas-Cheann Comhairle: Is the proposal mately 70% of all legislation which comes for the late sitting agreed? Agreed. Is the pro- through the House is European legislation. The posal for dealing with Nos. 18a and 18b without Bill will mean that instead of it being scrutinised debate agreed? Agreed. Is the proposal for deal- in the proper manner it will go to the line Mini- ing with No. 24 agreed? ster who will issue a statutory instrument which will become law. It also includes provisions which Mr. Stagg: This is one of a series of guillotine carry penalties of imprisonment for up to three motions on legislation with which we deal day in, years and fines of up to \500,000 for citizens of day out during this session. In the last session of this country. The line Minister will be responsible the Da´il we did not have enough legislation to solely for amending an EU directive and legis- keep the House going. It is a measure of the dis- lation which should properly be scrutinised and organised fashion in which the Government passed by the House. It is extremely bad legis- brings legislation before the House. The reason lation and a bad precedent to establish. The Bill we have Standing Orders for the passing of legis- deserves to have a full and proper examination lation is to ensure legislation is properly scruti- in the House, not just the subject of a one hour nised when it comes before the House.