It is proposed to take No. 27, Sea-Fisheries and Maritime Jurisdiction Bill 2005 — Second Stage (resumed), to adjourn at 1.30 p.m. if not previously concluded; and No. 1, Registration of Deeds and Title Bill 2004 [Seanad] — Second Stage.

There are no proposals to put to the House.

Marie-Therese O'Loughlin has been outside the gates of Leinster House for the past number of weeks. Her claim is that the institution in which she was abused is not included in the Residential Institutions Redress Act. Her further claim is that after the closing date for inclusion of these institutions, a case was made to the Progressive Democrats for the inclusion of an institution after the date and this was duly done——

That does not arise on the Order of Business.

It does in the sense that I am asking whether the Tánaiste will amend the Residential Institutions Redress Act to cater for this woman's very legitimate claim?

Will the Tánaiste forward me a report in respect of the Children Act? I have raised this matter on a number of occasions. Sections 96, 111, 112, 115 to 132, inclusive, and 137 to 139, inclusive, have not been implemented and despite the Taoiseach giving assurances that reports would be forthcoming, it has not happened.

When are we likely to see the pharmacy Bill? Can the Tánaiste confirm whether the post of chief pharmacist within the Department of Health and Children has been filled in view of the concerns expressed by individuals about public health protection and patient safety?

Is it proposed to amend the code of conduct for office holders or are we to have a situation where Ministers of State order private secretaries to attend various functions? I ask this in light of the antics of the "engine Callely"?

Ivor the tank engine.

Is there a tiger in your tank?

What is going on in Government?

That does not arise on the Order of Business.

Does the Government intend to amend the legislation to allow Ministers of State to order public servants to attend at their whim whatever meetings, political or otherwise, they wish?

I think about seven institutions were added in the summer to the list by the Minister for Education and Science. They were institutions where the State had an inspection role and, therefore, had responsibilities. No institution is on that list and part of the legal redress if the State did not have an inspection role.

The Tánaiste should talk to that woman outside.

I do not know the individual's specific case mentioned by the Deputy but there was no single——

I have spoken and explained to her——

She has been outside for weeks.

She has been there for a number of weeks.

The Tánaiste should be allowed to speak without interruption.

I understand the Minister for Education and Science has met the lady in question and spoken to her. I am not familiar with the purpose of each section in the Children Act but I am aware that the Minister of State, Deputy Brian Lenihan, will come to the Cabinet shortly with an implementation programme for a number of sections.

What about the Minister of State, Deputy Callely?

We will have two pharmacy Bills, one dealing with some fitness to practise issues that will come before the House early next year. The second Bill is scheduled for later in the year or at the start of 2007. On the chief pharmacist and other professionals at the Department of Health and Children, the salaries paid do not appear to attract many people from the outside. Real issues exist regarding medical expertise. The chief pharmacist who retired has made himself available to the Department on an advisory basis and I am not aware of any plan to amend the code of conduct for office holders.

It should be amended.

Or get people to comply with it.

I wish to ask the Tánaiste in her capacity as Minister for Health and Children one question, which concerns the vulnerability of older people in this cold weather. Is the Tánaiste aware that the fuel allowance has not been increased since 2002? The fuel allowance is €9. Does the Tánaiste know a half a bag of coal costs almost €9?

That is a matter for the Minister for Social and Family Affairs.

It is a hot subject.

Does Deputy Rabbitte have a question appropriate to the Order of Business?

I do. After three years it was stated that the fuel allowance will be increased in the budget. It will not be implemented until late January.

The Deputy has made his point.

People are in extremis, in circumstances where ESB prices have increased by 44% since 2002.

Deputy Rabbitte is being disorderly.

With respect, the Ceann Comhairle should have more empathy with this than most people. Old people not in a position——

The Chair is here to implement Standing Orders and not to express opinion on any issue. The Deputy knows he is out of order. There are ways it can be raised and I suggest Deputy Rabbitte raises it in the appropriate manner. It is not a matter for the Order of Business.

Older people are vulnerable in weather that is predicted to be unprecedentedly inclement. I ask the Tánaiste in her capacity as Minister for Health and Children——

It is not a matter for the Order of Business.

——whether she will implement some measures immediately in respect of the fuel allowance.

I ask Deputy Rabbitte to resume his seat.

Will the Ceann Comhairle permit the Tánaiste to reply? Thousands of older people are fearful of the cold weather——

The Deputy knows he is out of order.

——and the Ceann Comhairle will not permit her to reply.

She has no reply.

Will the Ceann Comhairle permit the Tánaiste to reply?

There are procedures and Standing Orders in this House which apply to every Member. The Deputy cannot ask a question appropriate to a line Minister on the Order of Business.

Yes he can.

There are other ways that the Deputy can raise the matter in this House if he wishes.

The Ceann Comhairle is not correct.

With the Ceann Comhairle's indulgence, I would like to hear what the Tánaiste has to say on the matter.

If she has anything to say.

The Tánaiste cannot be out of order any more than any Deputy.

I must tell the Ceann Comhairle that if he continues this into the next year, he will invite a motion of no confidence. Whereas his own might vote for him, he will have lost the confidence of this side of the House.

The Chair does not have his own in this House. The Chair lives in isolation.

There has never been a situation in my time in this House where a leader of a party is not permitted to raise a matter such as this on the Order of Business.

The Deputy knows well that Leaders' Questions was established to give leaders a chance to ask questions on topical issues.

Leaders' Questions only apply on Tuesday and Wednesday. I asked a perfectly civilised question and I ask the Tánaiste on behalf of the Government what is her response to it.

It does not arise on the Order of Business.

The Minister for Social and Family Affairs, Deputy Brennan, gave the information to the Tánaiste.

Let the Tánaiste answer.

She must give a response.

The Ceann Comhairle should allow the question. It is a human interest question.

The Tánaiste is acting head of Government this morning. I asked a simple question and politely I ask the Tánaiste to answer it.

The Order of Business is governed by Standing Order 26.

Deputy Smith is watching carefully.

For the benefit of Members, Standing Order 26 refers to statements on the Order Paper, "the taking of business which has been promised, including legislation either within or outside the Dáil; about the making of secondary legislation; about arrangements for sittings; and as to when Bills or other documents on the Order Paper needed in the House will be circulated", subject to the provision that "the Taoiseach may defer replying to a question relating to the making of secondary legislation to another day".

On a point of order, normally on Thursday mornings, flexibility is given in the context of Leaders' Questions. A valid question was posed to the Tánaiste. The Minister for Social and Family Affairs gave the information to the Tánaiste. It is a relevant question. Older people throughout the country want an answer from this Government on why the fuel allowance has not been increased.

Hear, hear.

Deputy Ryan knows——

The Ceann Comhairle is depriving and denying the Tánaiste the opportunity to reply.

If Deputy Séan Ryan wishes to see Standing Orders changed, I suggest he speaks to his Whip. The Chair has no difficulty implementing the Standing Orders.

I have been here for almost 18 years and flexibility has always been given on a Thursday morning.

On a point of order, the Government's own accounts show it has made a windfall gain of €100 million——

That is not a point of order.

——on rising fuel costs by the ESB and Bord Gáis. Deputy Rabbitte's question is simple. Will some of that €100 million windfall be given back to our old age pensioners?

That is not a point of order. I ask Deputy Burton to resume her seat.

It is topical question and is perfectly valid on the Order of Business.

Does Deputy Burton want me to read out Standing Order 26 again?

Will some of that €100 million be given back on 7 December to our old age pensioners? It is a simple question.

On a point of order, neither the Ceann Comhairle nor the Tánaiste would know what can be acquired for €9 by an older person in this country who wants a bag of coal.

That is not a point of order.

What is being allowed here this morning is a scandal.

Doubling the fuel allowance would cost approximately €80 million. It has already made a windfall gain of €100 million——

I ask Deputy Burton to resume her seat.

——on raising ESB and gas charges.

Deputy Burton is totally disorderly.

We are asking the Tánaiste a topical question. Is the Government prepared to give that back to older people?

I ask Deputy Burton to resume her seat.

On a point of order——

Deputy O'Keeffe, I ask Members to show respect for order in this House, and for the Standing Orders for which they themselves are responsible. If they do not like the Standing Orders, change them and the Chair will implement them.

We cannot change them.

On a point of clarification——

There are not points of clarification.

I wish to make a point before this gets out of hand. Will the Ceann Comhairle accept there is historic precedent whereby the Ceann Comhairle has flexibility, particularly on matters raised on Thursday mornings? I suggest the Ceann Comhairle uses that flexibility and does not have the Minister sitting mute. A simple reply will solve the problem.

I call Deputy Gormley, and then I will call the Minister——

On the point that is causing the problem, it is not that the Standing Orders are wrong, it is the Ceann Comhairle's inflexible interpretation of Standing Orders. We ask, in a situation where a precedent has been set for a long time, that he is flexible. Then we would not waste Dáil time because I dare say the Tánaiste would answer in approximately five seconds.

If she had an answer.

I am sure she has an answer one way or another. I am not saying she does not have an answer.

If the Taoiseach were here on Thursdays——

That would solve the matter and would prevent this unnecessary time being used on procedure.

I call Deputy Gormley and then I will call the Tánaiste.

I have not finished my point. The Ceann Comhairle is not always right about Standing Orders. He is regularly wrong as was proved yesterday.

If the Deputy does not like the Standing Orders, I suggest he arranges to have them changed. If he thinks they should be simplified, have them simplified and we will all understand them. It is fairly obvious to me what Standing Order 26 is.

On a point of order, the Ceann Comhairle has discussed changing Standing Orders since this Dáil was convened. When will we get a chance to change them? Backbenchers feel like fools. We cannot come in to ask a simple question. The Ceann Comhairle rules everything out of order. It is very hard for us to represent our constituents.

On a point of information——

There is no such thing as a point of information.

This subject was discussed last night at a meeting of the Committee on Procedure and Privileges. With reference to an interjection by Deputy Breen, we discussed the issue of questions. We ask endless questions on these energy matters and we do not get answers. The Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, is asleep at the switch.

The Chair is not responsible for the answers given in this House.

Older people are suffering this morning. The leader of the Labour Party asked a perfectly legitimate question to the Tánaiste on this bitterly cold morning.

That is not a point of order.

On a point of order, as sure as night follows day, a social welfare Bill will follow the budget to address issues of change in social welfare that will come in the budget, such as changes in the fuel allowance.

On a legitimate question on the social welfare Bill I call the Tánaiste.

In that context Deputy Rabbitte's question does relate to promised legislation. There will be such legislation after the budget.

Deputy Rabbitte did not raise legislation at all.

The issue he raised is inevitably relevant to legislation that will arise.

There has been no change for the last three years. Some €9 is provided towards a bag of coal.

A social welfare Bill will be published to implement the budget changes. The Minister for Social and Family Affairs and the Minister for Finance will announce a major package for social welfare in the budget. Concerning fuel, we extended the period covered by the allowance rather than increasing the allowance.

No, the Government did not.

The Minister for Social and Family Affairs is conscious of and sensitive to the needs of the elderly on welfare.

Some €9 for a bag of coal. Could Deputy Glennon purchase it in Fingal for this price?

I have two questions for the Tánaiste but at the outset I wish to express the Green Party's support for Marie-Therese O'Loughlin, who is outside the Kildare Street gates of Leinster House if the Tánaiste wishes to speak to her.

At the Joint Committee on Health and Children, Professor Brendan Drumm claimed there was a disconnect between many aspects of the health service. Can the Tánaiste explain why the alcohol products Bill was dropped, given that a taskforce had been set up and consultants were hired at taxpayers' expense, who advised the introduction of the alcohol products Bill?

Yesterday, the Adjournment debate concerned oncology services in Cork. Why did the Tánaiste not attend the debate?

The second question does not arise.

Deputy Boyle raised this, along with many Cork Deputies, and it would have been in order for the Tánaiste to turn up.

I am very interested in this issue because the doctor in question has contacted my office a number of times on the provision of a private facility for cancer care at Cork University Hospital. I am more than familiar with the issues in Cork.

The Tánaiste is interested in private facilities.

Why does she not do something about it?

Concerning the alcohol products Bill, which was raised as a priority question some days ago, we have decided on a voluntary code in the first instance.

The Tánaiste hired and paid consultants. She speaks of value for money but where is the value for money in this case? After hiring these consultants the Tánaiste ignored their advice.

Deputy Gormley is learning bad habits from his colleagues. I ask him to resume his seat.

What proposals does the Government have in light of the demise of the sugar beet industry? This concerns some 100 jobs in Mallow and 4,000 beet farmers across the country.

Hear, hear.

It is sad to see the Fianna Fáil backbenchers in disarray.

That does not arise on the Order of Business. It was dealt with in the House on two occasions yesterday.

It is relevant. I was sent here to represent my constituents and this is the only forum available to me. There is a crisis.

Deputy Ned O'Keeffe is the third socialist.

Can Deputy Brady help Deputy Ned O'Keeffe?

This week we heard disturbing disclosures on the state of cancer services in the Munster area, which caused much upset. These matters are the direct responsibility of the Tánaiste. In an unprecedented Adjournment debate, five Deputies raised this issue and the Minister with direct responsibility sent an apology, which I do not accept, instead of attending.

This does not arise on the Order of Business. The Deputy must find another way to convey his views.

All we received was a parrot-like response from the Minister of State at the Department of Health and Children, Deputy Tim O'Malley.

It was a very good answer.

Some of the Deputy's colleagues wish to contribute.

This sends a two-fingered signal to the people of the Munster area, as she does not give a damn.

I ask Deputy Allen not to abuse the privilege of this House. He is being disorderly.

I am not abusing anyone. I have sat patiently for the past ten minutes.

Deputy Allen is raising an issue that has been raised on all three days this week.

No, I am not. I am raising the issue of the absence of the Tánaiste, who did not give a damn and did not attend last night's Adjournment debate. Will she apologise for not turning up? Can I get an answer?

The matter was raised by Deputy Gormley and ruled out of order. I call Deputy Michael D. Higgins.

Why did the Tánaiste not turn up to answer five Deputies on an issue that took up much of the time of the House over the past week?

If the Deputy wishes to continue he will be suspended from the House again today.

Is the Ceann Comhairle threatening me again? I will support Deputy Rabbitte's motion.

The apology should be sent to the cancer patients in Cork.

The Tánaiste did not refuse to meet the patients in Cork, like a former Minister with responsibility for health from the Opposition parties.

Take it easy, Deputy Wallace.

I ask Deputy Wallace to allow Deputy Michael D. Higgins to speak.

I can elaborate on this if the Deputies wish.

Although it is a lesser matter, I ask the Tánaiste where is the comprehensive nuclear test ban treaty in the Government's programme. Will the Tánaiste indicate, in conjunction with Department of the Taoiseach and the Chief Whip, the total number of international conventions awaiting ratification? The comprehensive nuclear test ban treaty has been waiting for quite some time.

Ratifying UN conventions requires consultation between each Department and this is slow and cumbersome. We have a raft of international conventions for which we have voted but which we have not ratified because legislation is not in place. Can the Tánaiste provide me with a list of outstanding conventions that require ratification and the state at which they are at?

The sugar beet industry is a higher priority than the nuclear test ban treaty.

I do not suggest the sugar beet industry is not a higher priority.

The legislation will be published in the middle of next year and I will ask the Chief Whip to communicate with Deputy Michael Higgins on the ratification of various treaties.

Given that the Tánaiste and her Department are intent on the people of County Monaghan having to depend on general practitioners in all instances of medical and health care needs, can she fast track the medical practitioners Bill?

That will occur in the middle of next year. What is happening in Monaghan is much less than what the Deputy's party colleague, the Northern Ireland Minister with responsibility for health, social services and public safety, Bairbre de Brún, did in respect of services in Dungannon. All acute services were moved to Craigavon for patient safety reasons.

That is not the case. If the Tánaiste believes that response will erase her responsibility in the minds of the people of Monaghan and Cavan, she is backing a losing horse. The Tánaiste should address her responsibilities instead of looking for excuses and scapegoats. Shame on her for totally misrepresenting the situation.

Deputy Ó Caoláin should be consistent.

Will the Tánaiste ensure continuation of essential core services provided to people with disabilities through core funding of staff on community employment schemes? This refers particularly to people on FÁS schemes. Can she fund them on a full-time basis in the forthcoming budget?

To what legislation is Deputy Ring referring? The Order of Business is not an omnibus question time.

I tabled a question but, like the previous speaker, received no answer.

The Chair has no responsibility for answers to questions.

Pontius Pilate.

In the Minister's Department there is legislation governing maternity homes, dated 1934. Will the Tánaiste examine the legislation to see if Marie-Therese O'Loughlin and the Morning Star mother and baby homes could be investigated by her Department? Everyone in this House would like to see a solution to the problems raised by Ms O'Loughlin outside the Dáil. I understand legislation in the Department of Health and Children may be relevant.

Hear, hear.

I am not familiar with the legislation to which Deputy O'Sullivan refers. In the case of Ms O'Loughlin, it was a private institution and the State had no inspection role and therefore the institution is not included in the legislation. That remains the position.

What about the Tánaiste's legislation?

It does not cover legal redress.

This morning the Taoiseach openly raised the white flag before Irish Ferries' slave labour plans. Nothing can be done, he says. I ask the Tánaiste, is this it? Is the exploiter now to run riot? In the context of the Sea-Fisheries and Maritime Jurisdiction Bill, which is currently before the Dáil, will the Government table an amendment to outlaw these modern day slavers plying Irish and European waters——

The Deputy is asking if an amendment is promised to the legislation.

Where is the outrage against Irish Ferries in official Ireland? In Sir Anthony O'Reilly's titles, for example, where are the headlines that would normally greet a group of workers who were pushing their own interests?

Deputy Joe Higgins is quite right, we should have moved on to the Bill at this stage. We have not done so yet but the Deputy will have an opportunity to debate the issue shortly. The Bill will be before the House today. On the question of an amendment, is one promised?

The Minister for Enterprise, Trade and Employment is examining general employment protection legislation.

The Taoiseach promised two weeks ago in the House a full debate on the WTO talks. When can that debate take place? It is a matter of urgency at this time. Perhaps we could include nitrates in the debate also?

When can we expect the Charity Regulations Bill?

The Deputy is asking about the Charity Regulations Bill and the debate on the WTO.

The Taoiseach made it clear in the House a few days ago that Cavan hospital is in serious difficulty.

That does not arise on the Order of Business.

Can the Tánaiste explain——

We cannot have an omnibus question time on the Order of Business.

The Government is asking for the patients from Monaghan to be transferred to Cavan, when Cavan is unable——

Deputy, we are moving on to the next business.

The Tánaiste talks about safety but 16 people have died——

I ask Deputy Crawford to allow the Tánaiste to reply.

It is a very serious issue and the Tánaiste knows that.

The Deputy must allow the Tánaiste to answer his two questions.

Talking about a hospital in Northern Ireland is not a solution. We want an explanation as to what the Tánaiste has done——

Deputy Crawford, you have made your point. I ask you to resume your seat.

We have to answer questions when we go back to Monaghan——

Normally you are very orderly, Deputy Crawford. I ask you to resume your seat.

It is a most serious situation.

You have made your point, Deputy. It is out of order.

The Tánaiste is seemingly totally unaware——

The Tánaiste to reply on the legislation and the debate.

I understand a debate is scheduled for next week on the WTO talks. It is not possible to say when we will have the Charity Regulations Bill.

What does the Government propose to do about the long delays in the connection of electricity to housing estates, particularly local authority housing estates? There was a three month delay in one case in my constituency.

What legislation is the Deputy concerned with?

When will we see the Electricity Bill?

In the middle of next year.

With regard to the Tánaiste's previous comments about the upcoming Social Welfare Bill and the possibility of an increase in the fuel allowance, is she aware that one has to have planning permission to cut turf in Connemara? I hope she will take that into account when she is increasing the free fuel allowance.

I suggest the Deputy submits a question to the appropriate Minister.

The bureaucrats are gone mad. Get the bureaucrats to cut the turf.

That issue will not be dealt with in the Social Welfare Bill.

Is it intended to bring the Bord Gáis Éireann Bill and the Natural Gas Bill forward at an early date, given that we have heard alarming reports from the UK about its gas supplies for the coming winter? We are depending for 80% to 85% of our gas on imports. Is this a priority for the Government, given that the powers of the regulator almost certainly need to be strengthened?

The legislation will be published next year.

We will now deal with the Private Members' Bill, No. 9a.

The Ceann Comhairle forgot about me.

I will deal with Deputy Durkan first on Tuesday next.