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Da´Il E´Ireann Vol. 603 Thursday, No. 5 2 June 2005 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 2 June 2005. Requests to move Adjournment of Da´il under Standing Order 31 ………………1133 Order of Business ………………………………1134 Maritime Safety Bill 2004 [Seanad]: Financial Resolution …………………1151 European Small Claims Procedure: Motion ………………………1151 EU Directive: Motion ………………………………1151 Waste Management (Electrical and Electronic Products) Regulations 2005: Motion … … … 1152 Criminal Justice Bill 2004: Second Stage (resumed) ……………………1152 Suicide Prevention: Statements …………………………1180 Message from Select Committee …………………………1213 Ceisteanna — Questions Minister for Foreign Affairs Priority Questions ……………………………1213 Other Questions ……………………………1229 Adjournment Debate Matters ……………………………1244 Adjournment Debate Hospital Staff ………………………………1244 Natural Gas Grid ………………………………1246 Postal Services ………………………………1249 Schools Building Projects ……………………………1252 Questions: Written Answers ……………………………1257 1133 1134 DA´ IL E´ IREANN urgent matter: the urgent need to suspend the process of ratification of the EU constitution ———— given its rejection by French and Dutch voters in recent referenda and the stated objections to the De´ardaoin, 2 Meitheamh 2005. process by Britain and the Czech Republic. Thursday, 2 June 2005. Mr. Cuffe: I seek the adjournment of the Da´il ———— under Standing Order 31 to debate the following urgent matter: the European Court of Justice Chuaigh an Ceann Comhairle i gceannas ar ruling regarding Ireland’s record on environmen- 10.30 a.m. tal issues and the implementation of European directives on same. ———— An Ceann Comhairle: Having considered the Paidir. matters raised, they are not in order under Stand- Prayer. ing Order 31. ———— Order of Business. Minister for Finance (Mr. Cowen): It is pro- Requests to move Adjournment of Da´il under posed to take No. a12, Maritime Safety Bill 2004 Standing Order 31. [Seanad] — Financial Resolution; No. 12, motion An Ceann Comhairle: Before coming to the re proposed approval by Da´il E´ ireann for a regu- Order of Business I propose to deal with a lation of the European Parliament and of the number of notices under Standing Order 31. Council establishing a European small claims procedure — back from committee; No. 13, Mr. Ferris: I seek the adjournment of the Da´il motion re proposed approval by Da´il E´ ireann for under Standing Order 31 to debate the following a directive of the European Parliament and of the urgent matter: in the light of the latest report of Council on certain aspects of mediation in civil the Morris tribunal exposing widespread Garda and commercial matters — back from committee; corruption in County Donegal, including the No. 14, motion re proposed approval by Da´il framing of citizens and gross negligence by Garda E´ ireann of the Waste Management (Electrical management up to the highest level, the need for and Electronic Equipment) Regulations 2005 — the Minister for Justice, Equality and Law back from committee; No. 23, Criminal Justice Reform to establish a public inquiry into the mur- Bill 2004 — Second Stage (resumed); No. 22, der of Donegal Sinn Fe´in county councillor Eddie Driver Testing and Standards Authority Bill 2004 Fullerton at his home in Buncrana in May 1991 — Second Stage (resumed); No. 24, Land Bill by pro-British agents and the failure of the Garda 2004 [Seanad] — Second Stage (resumed); and to carry out appropriate investigation into that No. 25, statements on suicide, to be taken not matter. later than 1.30 p.m. and the order shall not resume thereafter. Mr. Connolly: I seek the adjournment of the It is proposed, notwithstanding anything in Da´il under Standing Order 31 to debate the fol- Standing Orders, that Nos. a12, 12, 13 and 14 lowing urgent matter: the current dispute about shall be decided without debate; the proceedings contract payments between insurance companies on No. 25 shall, if not previously concluded, be and general practitioners where GPs are refusing brought to a conclusion at 3.30 p.m. today and to carry out medical examinations for mortgage the following arrangements shall apply: the state- applicants; the undue hardship being caused to ments of a Minister or Minister of State and the young families who are seeking to secure a home; main spokespersons for the Fine Gael Party, the and the urgent need for the Government to Labour Party and the Technical Group, who shall resolve the existing difficulties between the be called upon in that order, shall not exceed 15 parties. minutes in each case; the statement of each other Member called upon shall not exceed ten minutes Mr. Costello: I seek the adjournment of the in each case; Members may share time; and a Da´il under Standing Order 31 to debate the fol- Minister or Minister of State shall be called upon lowing urgent matter: the serious implications for to make a statement in reply which shall not the Garda and for public confidence in our exceed five minutes; and the Da´il on its rising system of policing of the findings of the second today shall adjourn until 2.30 p.m. on Tuesday, 14 report of the Morris tribunal and the need for the June 2005. Minister for Justice, Equality and Law Reform to set out the steps he intends to take to implement An Ceann Comhairle: Is the proposal for deal- the recommendations contained in the two ing with Nos. a12, 12, 13 and 14 agreed? reports from the tribunal. Mr. Kenny: I have no report in respect of No. Mr. Healy: I seek the adjournment of the Da´il 14, the proposed approval by the Da´il of the under Standing Order 31 to debate the following Waste (Electrical and Electronic Equipment) 1135 Order of 2 June 2005. Business 1136 [Mr. Kenny.] hensive response and that is why we will not Regulations 2005, back from committee. I under- accept this. stand there was no discussion of any consequence at that committee on Tuesday and the practical Mr. Morgan: I too object to this being taken consequences of dealing with the disposal of without discussion. I missed some of the commit- every piece of electronic equipment in the coun- tee meeting on 31 May as I had a request to make try will cause major problems. I do not agree to in the Da´il under Standing Order 31. It is clear this item being taken without debate. There was there is not enough discussion on this matter. no debate of any relevance on Tuesday at this This item has the potential to deal comprehen- meeting and there are serious questions that must sively with the principle that the “polluter pays” be answered from a practical perspective which principle, placing the responsibility where it the Minister for the Environment, Heritage and belongs, on the manufacturer who creates the Local Government will fully understand in terms pollution in the first instance. The discussions at of the interpretation of the directive from local the committee were inconclusive and further dis- authority disposal points and disposal points pro- cussion is required. vided by retailers. I ask that a debate of some Mr. Cowen: The Joint Committee on Envir- time on this directive be held in the House. I onment and Local Government considered this object to it being passed without debate. motion last Tuesday. A division took place and the motion was passed that the regulations be Mr. Gilmore: On the same subject, I was at the referred back to the Da´il and Seanad with no committee on Tuesday when this matter was dis- further debate. The regulations provide the cussed. Many of the questions asked were not enabling framework for the transposition and replied to satisfactorily. These regulations pro- implementation of two landmark EU directives pose to deal with the issue of waste of electronic on waste electrical and electronic equipment and goods and provide for an arrangement whereby on the restriction of hazardous substances in elec- consumers can give back old electronic and elec- trical equipment. The directive will come into trical equipment in disuse. The idea behind the operation on 13 August next so there is a tight EU directive was that responsibility would be on timeline for finalising detailed regulations that the producer but it appears that in these regu- need to be prepared. lations the Government is shifting responsibility The directive is a producer responsibility on to the retailers. It is doing so in a way that will initiative. It is not correct to say the Minister’s cause considerable confusion publicly and will intention is to pass on responsibility to the con- not necessarily assist the consumer. I agree with sumer. Producers will be responsible for the pro- Deputy Kenny that these regulations require cessing, recycling and disposal of equipment once debate in the House. The matter was not satisfac- it has been collected. Retailers will be required to torily concluded at the committee. offer one-for-one take-back of equipment similar to that which they are selling. Discussions are tak- Mr. Rabbitte: Do the regulations include elec- ing place between representative groups of pro- tronic voting machines? ducers and retailers on some aspects of the oper- ation of the system. The Minister’s concern is to Mr. Gormley: The Green Party cannot accept implement the directives in a way that reflects the this without debate. The report is inadequate, it greatest possible consensus among various stake- is one paragraph long. It needs to be debated on holders on what will work most effectively and the floor of the House. In light of the latest equitably. This matter has to be dealt with so the judgment from the European Courts it is clear detailed regulations can be brought forward to that, once again, our appalling record on the implement the directive.
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