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Vol. 602 Thursday, No. 3 12 May 2005 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 12 May 2005. Suspension of Member……………………………… 618 Request to move Adjournment of Da´il under Standing Order 31 ……………… 619 Order of Business ……………………………… 620 Ministerial Rota for Parliamentary Questions: Motion ………………… 628 Electoral (Amendment) Bill 2005: Second Stage (resumed) …………………………… 628 Referral to Select Committee ………………………… 679 Driver Testing and Standards Authority Bill 2004: Second Stage (resumed) ………… 679 Message from Select Committee ………………………… 692 Ceisteanna — Questions Minister for Transport Priority Questions …………………………… 692 Other Questions …………………………… 705 Business of Da´il……………………………… 721 Adjournment Debate Matters …………………………… 721 Adjournment Debate Rail Network ……………………………… 722 Racist Attacks ……………………………… 724 Prison Service ……………………………… 728 Questions: Written Answers …………………………… 733 617 618 DA´ IL E´ IREANN Suspension of Member. An Ceann Comhairle: Before coming to the ———— Order of Business I must deal with a postponed division relating to the suspension of a Member. De´ardaoin, 12 Bealtaine 2005. Yesterday, on the question, “That Deputy O´ Thursday, 12 May 2005. Caola´in be suspended from the service of the Da´il”, a division was claimed and, in accordance ———— with Standing Order 61, that division must take Chuaigh an Ceann Comhairle i gceannas ar place now. 10.30 a.m. ———— Paidir. Prayer. Question put. ———— The Da´il divided: Ta´, 50; Nı´l, 48. Ta´ Haughey, Sea´n. Ahern, Dermot. Hoctor, Ma´ire. Ahern, Noel. Jacob, Joe. Andrews, Barry. Kelleher, Billy. Ardagh, Sea´n. Kirk, Seamus. Kitt, Tom. Brady, Martin. Lenihan, Brian. Callanan, Joe. Lenihan, Conor. Callely, Ivor. McEllistrim, Thomas. Carey, Pat. McGuinness, John. Carty, John. Moloney, John. Cregan, John. Moynihan, Michael. Cullen, Martin. Mulcahy, Michael. Curran, John. O´ Cuı´v, E´ amon. Davern, Noel. O´ Fearghaı´l, Sea´n. Dempsey, Noel. O’Dea, Willie. Dempsey, Tony. O’Donnell, Liz. Dennehy, John. O’Malley, Fiona. Devins, Jimmy. O’Malley, Tim. Ellis, John. Power, Peter. Fahey, Frank. Power, Sea´n. Fitzpatrick, Dermot. Roche, Dick. Fleming, Sea´n. Sexton, Mae. Grealish, Noel. Walsh, Joe. Hanafin, Mary. Wilkinson, Ollie. Harney, Mary. Woods, Michael. Nı´l Kenny, Enda. Bruton, Richard. Lynch, Kathleen. Burton, Joan. McGinley, Dinny. Connaughton, Paul. McGrath, Finian. Connolly, Paudge. McGrath, Paul. Costello, Joe. McHugh, Paddy. Cowley, Jerry. McManus, Liz. Crawford, Seymour. Mitchell, Olivia. Crowe, Sea´n. Morgan, Arthur. Deenihan, Jimmy. Moynihan-Cronin, Breeda. Durkan, Bernard J. Murphy, Catherine. Enright, Olwyn. Neville, Dan. Ferris, Martin. Noonan, Michael. Gilmore, Eamon. O´ Caola´in, Caoimhghı´n. Gogarty, Paul. ´ Gormley, John. O Snodaigh, Aengus. Harkin, Marian. O’Shea, Brian. Healy, Seamus. O’Sullivan, Jan. Hogan, Phil. Quinn, Ruairi. Howlin, Brendan. Rabbitte, Pat. Kehoe, Paul. Ring, Michael. 619 Order of 12 May 2005. Business 620 Nı´l—continued Ryan, Eamon. Shortall, Ro´ isı´n. Ryan, Sea´n. Stagg, Emmet. Sargent, Trevor. Stanton, David. Sherlock, Joe. Upton, Mary. Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies O´ Snodaigh and Kehoe. Question declared carried. infrastructure and can benefit from the western rail corridor from the start. Deputy O´ Caola´in withdrew from the Chamber. Mr. Gormley: I seek the adjournment of the Request to move Adjournment of Da´il under Da´il under Standing Order 31 to raise a matter Standing Order 31. of national importance, namely, the series of attacks on Jewish property in the Portobello area An Ceann Comhairle: Before coming to the where racist graffiti consisting of swastikas and Order of Business, I propose to deal with a SS signs were sprayed on Jewish landmarks, the number of notices under Standing Order 31. I will fact that this was the third such attack in recent call the Deputies in the order in which they sub- months and the need for the Minister for Justice, mitted their notices to my office. Equality and Law Reform to ensure that the per- petrators are brought to justice immediately. Mr. Connolly: I seek the adjournment of the Da´il under Standing Order 31 to raise a matter An Ceann Comhairle: Having considered the of national importance, namely, in view of the matters raised, I do not consider them to be in spiralling suicide rates, the urgent necessity for order under Standing Order 31. every person employed in the health service to be provided with a suicide information pack and appropriate specialist prevention training in the Order of Business. recognition of the signs and symptoms related to The Ta´naiste: It is proposed to take No. 12a, suicide and that these training and information motion regarding ministerial rota for parliamen- packs be extended to all teachers, Garda and tary questions; No 19, Electoral (Amendment) community group leaders and organisations. Bill 2005 — Second Stage (resumed); No. 20, Driver Testing and Standards Authority Bill 2004 Mr. Gogarty: I seek the adjournment of the — Second Stage (resumed) and No. 21, Land Bill Da´il under Standing Order 31 to raise a matter 2004 [Seanad] — Second Stage (resumed). It is of national importance, namely, the need for the proposed that, notwithstanding anything in Government to devise an emergency transport Standing Orders, that No. 12a shall be decided plan for the Clondalkin, Lucan and Palmerstown without debate. areas in the wake of the go ahead being granted for the M50 widening scheme, including measures An Ceann Comhairle: There is one proposal to to tackle gridlock through traffic management put to the House, the motion regarding the minis- measures, the speeding up of the works on the terial rota for parliamentary questions. Is that Dublin-Cork rail line and Heuston intercon- agreed? Agreed. nector, early investment in electrification and investment in more buses and work towards an integrated cross-Liffey rail link and a Luas link. Mr. Kenny: Does the Ta´naiste and Minister for Health and Children expect the Cabinet to deal Mr. Healy: I seek the adjournment of the Da´il with the issue of the terminal at Dublin Airport under Standing Order 31 to raise a matter of next week? I note the comments made by the national importance, namely, the need to chairman of the Competition Authority, Mr. John immediately roll out the BreastCheck programme Fingleton, that Government intervention is the to all areas of the country, including the south greatest barrier to competition. east and south Tipperary in view of the 1,700 cases of women diagnosed with breast cancer An Ceann Comhairle: Does Deputy Kenny each year and the approximate 640 women who have a question that is appropriate to the Order die each year from breast cancer and to allow the of Business? Ta´naiste and Minister for Health to make a state- ment on the matter. Mr. Kenny: Yes. Mr. Fingleton argued that the State should stop preventing people from Dr. Cowley: I seek the adjournment of the Da´il entering markets. Does the Government intend under Standing Order 31 to raise a matter of to change the Competition Authority to deal with national importance, namely, the need for the that restriction upon competition entering the Government to front load the funding of the market? With regard to the e-mail regarding the western rail corridor to ensure that Mayo is not former Minister of Health and Children, Deputy deprived any longer of this essential railroad Mı´cheal Martin—— 621 Order of 12 May 2005. Business 622 An Ceann Comhairle: That does not arise on edly in the past, if Deputy Rabbitte wishes to the Order of Business. change the Standing Orders, he should set about doing so and the Chair will be happy to Mr. Kenny: The question arises on the Order implement the new Standing Orders. Standing of Business. Does the Government intend to Order 26 covers the Order of Business and the amend the Public Service Management Act, 1997 Chair cannot allow one Deputy to go outside that in view of the fact that the Minister accepts no and insist that other Deputies obey it. responsibility for the debacle foisted upon the Irish people? Mr. Rabbitte: Since 1919, it has been possible to ask a question as the leader of a party on the An Ceann Comhairle: The House cannot dis- Order of Business. cuss the possible content of legislation. An Ceann Comhairle: The Standing Orders Mr. Kenny: The Minister does not accept any have been implemented by my predecessors since responsibility despite the fact that it is contained the foundation of the State. In recent years, in the Public Service Management Act. I consider Leaders’ Questions were established to facilitate myself very lucky that he did not have to cast his what Deputy Rabbitte wishes to do now. We will vote this morning and vote against his colleague, not have this argument every morning of the Deputy O´ Caola´in. week. An Ceann Comhairle: The Chair has ruled on Mr. Rabbitte: A senior civil servant at assistant the matter. principal level—— The Ta´naiste: The Government has no plans to An Ceann Comhairle: The Chair has ruled that amend the Public Service Management Act. Our Deputy Rabbitte is out of order. I call on Deputy competition law has been greatly enhanced in Rabbitte to resume his seat. recent years but must be kept under constant review. I hope the Government will be in a posi- Mr. Rabbitte: It is impossible to carry out our tion shortly to make a decision regarding the ter- business in this House. minal at Dublin Airport. An Ceann Comhairle: It is not advisable to get Mr. Rabbitte: Can the Ta´naiste give the House into a confrontation with the Chair this morning. an approximate figure for the anticipated payout The Chair will be obliged to take the necessary under the redress scheme for long-stay charges? action if Deputy Rabbitte persists.