Vol. 644 Thursday, No. 2 13 December 2007 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 13 December 2007. Requests to Move Adjournment of Da´il under Standing Order 32 ……………… 273 Order of Business ……………………………… 273 Estimates for Public Services 2007: Vote 25 — Environment, Heritage and Local Government (Supplementary) ………… 288 Vote 26 — Education and Science (Supplementary) ………………… 289 Vote 27 — Department of Community, Rural and Gaeltacht Affairs (Supplementary) … … 289 Vote 31 — Agriculture, Fisheries and Food (Supplementary) ……………… 289 Vote 32 — Transport (Supplementary) ……………………… 289 Vote 35 — Arts, Sport and Tourism (Supplementary) ………………… 289 Vote 37 — Army Pensions (Supplementary) …………………… 290 Vote 40 — Health Service Executive (Supplementary) ………………… 290 Parliamentary Committee: Motion ………………………… 290 Appointment of Members to Committee: Motion …………………… 291 Message from Select Committee ………………………… 291 Estimates for Public Services 2007: Message from Select Committee …………… 291 Legal Practitioners (Irish Language) Bill 2007: Order for Second Stage …………………………… 291 Second Stage ……………………………… 292 Referral to Select Committee ………………………… 341 Ceisteanna — Questions Minister for Justice, Equality and Law Reform Priority Questions …………………………… 342 Other Questions …………………………… 355 Adjournment Debate Matters …………………………… 369 Adjournment Debate Health Service Inquiries …………………………… 370 Services for People with Disabilities ……………………… 373 School Enrolments …………………………… 376 Planning Issues ……………………………… 381 Questions: Written Answers …………………………… 385 273 274 DA´ IL E´ IREANN tantly agreed to a review of the terms of refer- ence within a year. However, I was surprised to ———— read that the Taoiseach is setting up a parallel expert group to do the same task as he is pro- De´ardaoin, 13 Nollaig 2007. posing for this committee and that was not Thursday, 13 December 2007. brought to the attention of those drafting the terms of reference. There are unresolved issues ———— in the way this is being handled, but the issue on which we have the greatest concern is the hand- Chuaigh an Leas-Cheann Comhairle i gceannas ling of the Health Estimate where there is \250 ar 10.30 a.m. million involved. ———— Deputy Liz McManus: We also oppose the tak- Paidir. ing of this Estimate. The Minister needs to be Prayer. aware that it appears there is gross mismanage- ment in the funding of the health service and that ———— questions raised legitimately by the Labour Party, and by Fine Gael, have simply not been answered Requests to Move Adjournment of Da´il under by the Minister. For example, \9 million allocated Standing Order 32. to the southern health board was not spent and An Leas-Cheann Comhairle: Before coming to the Minister could not tell us why. That is the Order of Business I propose to deal with a unacceptable. There is a requirement for account- notice under Standing Order 32. Deputy James ability on how the taxpayers’ money is being Bannon is not present to state his matter. spent. It is a matter of great concern. Obviously, it is very urgent. The hidden sting in last week’s budget, which was never in the Ta´naiste and Minister for Deputy John Curran: Missing in action. Finance’s Budget Statement, was a range of charges that the unfortunate patient must bear. Order of Business. In only one area where the charges were increased, for example, access to an accident and The Ta´naiste: It is proposed to take No. 7, Sup- plementary Estimates for Public Services [Votes emergency department now costs 333% more 25, 26, 27, 31, 32, 35, 37 and 40] (back from than it did ten years ago. That is the legacy of committee); No. 7a, motion re establishment of Fianna Fa´il Government of the past ten years. joint committee on economic regulatory affairs; We must get answers as to what is happening No. 7b, motion re appointment of Members to in terms of the funding of the health service, committee; and No. 3, Legal Practitioners (Irish where the charges are increasing and the services Language) Bill 2007 — Order for Second Stage are being cut back. We have no got those answers and Second Stage. and we oppose the taking of this Estimate. It is proposed, notwithstanding anything in Standing Orders, that Nos. 7, 7a and 7b shall be The Ta´naiste: Some issues were raised on the decided without debate and in the case of No. 7 Supplementary Estimates in the Select Commit- shall be moved together and shall be decided by tee on Health and Children and I understand the one question which shall be put from the Chair Minister has undertaken to put forward that and any division demanded thereon shall be information during the course of the day. The taken forthwith. real issue here is the question of the taking of Supplementary Estimates at the end of the finan- An Leas-Cheann Comhairle: There is one pro- cial year. posal to put to the House. Is the proposal for On the Health Estimate, we are seeking the dealing with Nos. 7, 7a and 7b without debate approval of Da´il E´ ireann to a technical Sup- agreed? plementary Estimate of \1,000 in respect of Vote Deputy Richard Bruton: We do not agree to 40 for the Health Service Executive for the year this. There was a debate in the committee on the ending 31 December 2007. The additional costs Health Estimate and information was not forth- arising under certain subheads can be met from coming as to the detail of what was being pro- savings arising from other subheads on the Vote posed. Our spokesman and members of the com- and what is being sought here is not further mittee were frustrated with the information moneys, but a technical Supplementary Estimate. available to them and feel there is a need for Obviously, the debate about health expenditures further debate this morning so that issue can be within those Estimate provisions is a matter that properly scrutinised by the Da´il. goes on all the time—— On No. 7a, motion re establishment of joint committee on economic regulatory affairs, we are Deputy Liz McManus: It does not go on all not happy with the terms of reference. We reluc- the time. 275 Order of 13 December 2007. Business 276 The Ta´naiste: ——but today we are talking These are matters that are dealt with. Depart- about whether further moneys were being voted ments proceed with their agendas and in many in the Supplementary Estimate. cases the parliamentary committees augment The second point I would make relates to some of that scrutiny and examination. One does matters raised by Deputy Bruton. There is a not take away from the other. I do not see the programme commitment about revising and see- problem. ing how we can improve the economic regulatory environment generally. That does not take away Question put: “That the proposal for dealing from the work of any parliamentary committee. with Nos. 7, 7a and 7b be agreed to.” The Da´il divided: Ta´, 57; Nı´l, 43. Ta´ Ahern, Michael. Haughey, Sea´n. Ahern, Noel. Healy-Rae, Jackie. Andrews, Chris. Hoctor, Ma´ire. Ardagh, Sea´n. Kelleher, Billy. Aylward, Bobby. Kelly, Peter. Blaney, Niall. Kenneally, Brendan. Brady, Cyprian. Kennedy, Michael. Brady, Johnny. Killeen, Tony. Byrne, Thomas. Kitt, Michael P. Calleary, Dara. Kitt, Tom. Carey, Pat. McEllistrim, Thomas. Collins, Niall. McGrath, Mattie. Conlon, Margaret. McGrath, Michael. Connick, Sea´n. Moloney, John. Coughlan, Mary. Moynihan, Michael. Cowen, Brian. Nolan, M. J. Cregan, John. O´ Cuı´v, E´ amon. Cuffe, Ciara´n. O´ Fearghaı´l, Sea´n. Cullen, Martin. O’Brien, Darragh. Curran, John. O’Connor, Charlie. Dempsey, Noel. O’Flynn, Noel. Devins, Jimmy. O’Keeffe, Batt. Fitzpatrick, Michael. O’Sullivan, Christy. Flynn, Beverley. Power, Peter. Gallagher, Pat The Cope. Ryan, Eamon. Gogarty, Paul. Sargent, Trevor. Grealish, Noel. Smith, Brendan. Hanafin, Mary. White, Mary Alexandra. Harney, Mary. Nı´l Bruton, Richard. McGinley, Dinny. Burke, Ulick. McManus, Liz. Byrne, Catherine. Neville, Dan. Carey, Joe. O´ Snodaigh, Aengus. Clune, Deirdre. O’Donnell, Kieran. Costello, Joe. O’Dowd, Fergus. Crawford, Seymour. O’Mahony, John. Creed, Michael. O’Shea, Brian. Deenihan, Jimmy. Penrose, Willie. Doyle, Andrew. Perry, John. Durkan, Bernard J. Quinn, Ruairı´. Enright, Olwyn. Reilly, James. Feighan, Frank. Ring, Michael. Ferris, Martin. Sheahan, Tom. Gilmore, Eamon. Sheehan, P. J. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Higgins, Michael D. Tuffy, Joanna. Hogan, Phil. Upton, Mary. Lynch, Ciara´n. Varadkar, Leo. Lynch, Kathleen. Wall, Jack. McCormack, Pa´draic. Tellers: Ta´, Deputies Tom Kitt and John Curran; Nı´l, Deputies David Stanton and Emmet Stagg. Question declared carried. and I wish him well. When will the Government make a decision on the timing of the referendum Deputy Richard Bruton: I understand the on the EU treaty? There is no doubt that winning Taoiseach will sign the Lisbon treaty this morning this referendum will not be a pushover. It is 277 Order of 13 December 2007. Business 278 important that the Government and other parties In the matter of an exemption from water who support this referendum have sufficient charges for schools, I am not au fait with the notice and time to prepare a strong campaign. details of this issue. A question to the Minister I read in the newspapers today that contrary to for the Environment, Heritage and Local the impression given by the Taoiseach yesterday, Government may produce a more accurate it is open to the Government to introduce an response in terms of the information provided by exemption for schools on water charges. Now that the Environment Directorate-General. I am not we have obtained clarification from the European aware of the specifics. Commission Environment Directorate-General, I agree profoundly with the Deputy that the will the Government introduce such an exemp- recent reports of abuse in an institution for chil- tion for schools? Although it seems to be the dren with intellectual disabilities are appalling.