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Dáil

Order of Business.

It is proposed to take No. 11, motion re proposed approval by Dáil Éireann for a Council decision on the accession of the European Community to the Hague Conference on Private International Law — back from committee; No.27a, Social Welfare Law Reform and Pensions Bill 2006 — Order for Report and Report and Final Stages; and No. 1, National Sports Campus Development Authority Bill 2006 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 11 shall be decided without debate; that Report and Final Stages of No. 27a shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 1.30 p.m by one question, which shall be put from the Chair and which shall, in respect of amendments, include only those amendments set down or accepted by the Minister for Social and Family Affairs; and that on rising today, Dáil Éireann shall adjourn until2.30 p.m on Tuesday, 21 March 2006.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Is the proposal for dealing with No. 11 agreed?

Comment on this

No, it is not agreed. On behalf of the Sinn Féin Deputies, I object to the adoption of this motion without debate. Ireland is already a member of the Hague Conference and, as such, has one autonomous vote in the course of all the conference's proceedings. My colleagues and I are concerned that under this motion, the European Community may usurp this independence on the part of all member states and seek to apply a single European Community vote, thereby undermining the autonomy of the member states of the European Parliament.

My colleague, Deputy Ó Snodaigh, expressed concerns about this proposal when it was considered by the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights. He asked a number of pertinent questions about it, none of which was answered by the Minister. As a result of this, there are key questions which have yet to be addressed but which must be teased out. This can only happen in this House, where the questions will receive full and appropriate scrutiny.

Comment on this

Our concern is that this is the second motion relating to the Hague Convention in recent weeks. The Government is adopting a piecemeal approach to adoption issues instead of bringing forward large-scale legislative reform in an area that has been left unchanged for several years. There is an onus on the Government to explain to the House why it is not tabling amendments to the adoption Acts which many people anticipate and only moving as little as possible in obligations under this international treaty.

Comment on this

The Government is proposing that the motion be taken without debate, so I cannot agree with the Deputy. There was a full debate in committee.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

I will put the question re the proposal for dealing with No. 11 without debate.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Is the proposal for dealing with item No. 27a. to conclude Report and Final Stages of the Social Welfare Law Reform and Pensions Bill 2006, agreed to?

Comment on this

It is not agreed. I already made the point on more than one occasion that we should not be in the business of guillotining legislation. Rushed law is bad law. There are a whole range of issues to be debated under the Social Welfare Law Reform and Pensions Bill. I am not happy that the Bill will be guillotined by vote at 1.30 p.m. It appears in recent weeks that, on the one hand, the Government wants to remain here until 11 p.m. to make some semblance of progress before there is a mass exodus next week to places all over the world to represent the country and on the other, it wants to bulldoze through this legislation. I object to that.

Comment on this

The Government Whip appeared to have introduced a new regime of not guillotining legislation, which we welcomed. However, he recently appears to be reverting to type and guillotines are now a regular feature.

This Bill did not comply with the normal accepted regulations concerning the introduction of Bills. It was published just one day before going through Second Stage, which is not acceptable. Committee Stage just finished on Tuesday and the spokespersons are being asked to deal with 42 amendments in two hours. This amounts to approximately a minute and a half per amendment, which is not adequate. As it is an important Bill which affects the quality of life of a large number of people, we are asking that it be debated fully until the amendments are dealt with in the normal way. We do not accept the guillotine.

Comment on this

Like other Deputies, the Green Party opposes the guillotining of this Bill, particularly as it is fundamental legislation, with 42 amendments. The amendments were tabled in a considered fashion in the hope that time would be allowed for a debate. By guillotining it and hoping to have the matter dealt with without any fuss, essentially, the Government is making a mockery of Report Stage and the idea of improving the legislation. It results in the Opposition going into a default mode. Only one or two amendments will be dealt with, which does not make the best use of parliamentary time. The Government should ask for Opposition co-operation without a guillotine, which would encourage Members to get through the business and be more productive. This would make better use of parliamentary time. The Government should remove the guillotine.

Comment on this

Following on what can only be described as the debacle of the passage of the Finance Bill through the House earlier in the week, with the guillotine at 11 p.m. and the curtailment of examination and debate, one would have hoped that the appeals of Opposition voices to the Government would have been heard and heeded by those on the Government benches. However, there is repetition once again on a crucial area of legislation, which will have a huge impact on the daily lives of ordinary people. It is very important that the Bill gets the scrutiny it deserves and that it gets the full debate and voice the legislation demands. Therefore, I oppose the imposition of a guillotine which allows very limited opportunity to debate the Bill.

Comment on this

It is precisely to improve the daily lives of people that we want to see this legislation being passed.

Comment on this

Does the Tánaiste think we do not want to do that?

Comment on this

Clearly there are timeframes for both the Finance Bill and the Social Welfare Bill. As many of the issues were debated widely during the budget debate, it is unfortunate that the Government must proceed by way of a guillotine to get the legislation through the House.

Comment on this
Division Carried

The Dáil divided: Tá,

Tá 59
·
Níl 43

Do you agree with this result?

Séamus Pattison An Leas-Cheann Comhairle Labour Party

Is the proposal that the Dáil, on its rising today, shall adjourn until 2.30 p.m. on Tuesday, 21 March 2006 agreed to?

Comment on this

I do not agree to the proposal that the Dáil adjourn today until Tuesday, 21 March 2006. As I said yesterday, Donna Cleary was murdered in the suburbs of Dublin city. Anarchy rules in parts of the city and its suburbs. Clearly, there is a need for strong, deterring legislation in respect of the gun culture properly identified by the Minister for Justice, Equality and Law Reform. Emergency legislation was introduced in this House on immigration, ground rents and payments in respect of long-stay patients in public hospital beds. Some 20 to 25 sections of the Criminal Justice Bill deal with gun culture. I object to this on the basis the Dáil should meet on next Tuesday and Wednesday. Those Members who will be away all over the world will be very far removed from the anarchy on the streets of this city when they are representing their country.

Comment on this
Deputies

Hear, hear.

Comment on this

It might pay the Government far better, and we will facilitate it on this side of the House, if it wants to bring in emergency legislation to deal with this issue.

Comment on this

You will fix it all next week.

Comment on this

We have had drunkenness and disorder on the streets of Dublin on St. Patrick's Day in the last number of years. We had riots in this city just a fortnight ago and the danger in communities is palpable. The Government has failed to protect people in the streets and now in their homes. I want the Government to bring in a special 20 section Bill dealing with gun legislation. We will put it through this House next week and send out a very clear message to all of those who——

Comment on this

The Deputy opposed minimum sentences when they were last introduced.

Comment on this

I did no such thing.

Comment on this

I welcome the Minister back to the House. Tá fáilte mhór roimhe. This is the Minister——

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Order, please.

Comment on this

This is the Minister who today surmised that Donna Cleary would not have been murdered if the warrant had been executed for the arrest——

Comment on this

Deputy Kenny is convincing nobody and he is making a fool of himself. I suggest he sits down. When the Minister, Deputy O'Donoghue, brought them in the Deputy opposed them. You are a shower of hypocrites.

Comment on this

——of the person alleged to have murdered her. You are the Minister but with your academic snobbery and intelligence you do not know what is happening on the streets.

Comment on this

Frauds. You are a pack of frauds, the lot of you.

Comment on this

The Minister does not know what he is talking about.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Order.

Comment on this

You can surmise all you like. Donna Cleary lies dead.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Deputy Kenny should address the Chair.

Comment on this

You opposed minimum sentences when they came before this House.

Comment on this

For your information Minister, on Monday the Taoiseach said people were getting out after seven years.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Deputy Kenny should address the Chair.

Comment on this

You opposed minimum sentences when they came before the House.

Comment on this

No.

Comment on this

Yes, you did. Read the record.

Comment on this

You opposed them.

Comment on this

Today you claimed nobody gets out within 20 years.

Comment on this

The Minister is a one man law reform commission.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Order, please.

Comment on this

The Minister, Deputy McDowell, made——

Comment on this

I propose, a Leas-Cheann Comhairle, that we all meet here next Tuesday and Wednesday and deal with the legislation the Minister for Justice, Equality and Law Reform has failed to bring through this House.

Comment on this
Deputies

Hear, hear.

Comment on this

The Minister for outrage. We hear from him often.

Comment on this

Give him a drink of water.

Comment on this

We are being asked to turn St. Patrick's Day into St. Patrick's week, which is unique for most people in this country who expect next Friday to be the only day that is a holiday. This Dáil should start to recognise that outside this House this is completely unacceptable, regardless of the explanations being put out that some Members are going to be on the other side of the world and therefore we all have to mark time.

Comment on this

At Cheltenham.

Comment on this

The reality is that many issues face this country. We heard about the 495 people on trolleys and record levels of problems in the health service. I am sure the Tánaiste and Minister for Health and Children would appreciate if we were here next week. I ask her to review the situation that is being proposed. With the levels of amnesia on Government benches——

Comment on this
Deputies

Hear, hear.

Comment on this

——there is every likelihood the Government will forget where the Dáil is if they are off for a week.

Comment on this

It is hypocrisy. The Minister for Justice, Equality and Law Reform——

Comment on this

We need to remind people that this is where the work gets done and this is where people should be attending. To be off for a week is unacceptable. There is no reason for it and we should reject it here and now.

Comment on this
Deputies

Hear, hear.

Comment on this

Open up the Dáil. We are elected to represent the people, not to be in Cheltenham or America.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

I call the Tánaiste.

Comment on this

Does Deputy Carey remember what he told them in the High Court, that we were going to be sitting more——

Comment on this

Deputy Ring will be glad to be in Mayo, in Deputy Kenny's town.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Deputy Ring.

Comment on this

Well we are sitting less since the end of the dual mandate.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

I call the Tánaiste.

Comment on this

We should open up the Dáil. That is what we were elected for. We should forget about Cheltenham and America. Does Deputy Carey remember what he told them in the High Court? I will get it for him. I will tell him exactly what he told them in the High Court.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Order, please.

Comment on this

He said he will be sitting more, well we are sitting less since the end of the dual mandate.

Comment on this

The Minister for Justice, Equality and Law Reform is the most deserving.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Deputy Ring, order, please. I call the Tánaiste.

Comment on this

A Leas-Cheann Comhairle——

Comment on this

Does Deputy Carey remember what he told them? I will get it for him.

Comment on this
John O'Donoghue Mr. O’Donoghue Fianna Fáil

Enda always had a non-runner.

Comment on this

He said what the Government told him to tell them, that we would be sitting on Monday, Tuesday, Wednesday and Thursday.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Deputy Ring is out of order.

Comment on this

We will not even be sitting on the days we should be sitting.

Comment on this
A Deputy

He will have a heart attack.

Comment on this

I suppose Deputy Davern will be going to Cheltenham.

Comment on this

No, but I was in favour of keeping Ballinrobe open as well.

Comment on this

Ballinrobe only operates on a Sunday and you would not go on a Sunday. You only go when the Dáil is sitting.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Order, please. I call the Tánaiste.

Comment on this

The Deputy is wrong.

Comment on this

We could do a donkey derby.

Comment on this

As Members are aware, it has been a long tradition——

Comment on this

Cheltenham.

Comment on this

——including when Deputy Kenny was a Minister, for members of the Government to join Irish groups and associations in various parts of the world——

Comment on this

What about the rest of us?

Comment on this

We did not have people being shot in the streets. They were different times.

Comment on this

——around our national feast day to help to promote this country's business and tourism.

Comment on this

Hear, hear.

Comment on this

That was before the Internet.

Comment on this

It has been highly successful for many years.

Comment on this

Hear, hear.

Comment on this

St. Patrick's Day is on Friday.

Comment on this
A Deputy

Maybe we could bring in the Minister for Justice, Equality and Law Reform.

Comment on this

I said to Deputy Kenny yesterday the Minister for Justice, Equality and Law Reform will be bringing forward legislation in the next two weeks or so in regard to the issues he raised.

Comment on this

He would want to bring forward something to control himself.

Comment on this

As many Ministers are going to Cheltenham next week, I would like them to undertake some exercise by walking up the steps. As a teller, therefore, under Standing Order 69 I propose that the vote be taken by other than electronic means.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

As Deputy Kehoe is a teller, under Standing Order 69 he is entitled to call a vote through the lobby.

Comment on this
Division Carried

The Dáil divided: Tá,

Tá 61
·
Níl 39

Do you agree with this result?

I ask the Tánaiste to comment on and clarify a matter. It is deplorable that more than 500 people were on trolleys and chairs yesterday due to overcrowding in hospitals. When the Tánaiste became Minister for Health and Children she made a commitment to deal with overcrowding within months and published a ten-point plan, which is now in tatters. Is it not the case that in October 2004, when 180 people were on trolleys, the establishment of a similar task force, including a plan to deal with accident and emergency departments over an 18-month period, was proposed to the interim Health Service Executive? If the proposal had been accepted, we would be 18 months further on than the task force the Tánaiste now proposes to establish.

In respect of No. 56 on the legislative programme, what definite objectives and targets will the Government achieve in the foreseeable future to deal with the scandalous and appalling situation of 500 people being left on trolleys and chairs in hospitals throughout the country? It is scandalous that nurses, patients and doctors face the kinds of pressures reported in today's newspapers.

Comment on this

On the same issue, I ask the Tánaiste if she recognises these words:

People will judge our health services by accident and emergency services... I expect real and measurable improvements to take place in the coming months in the delivery of accident and emergency services... Accident and emergency departments form a litmus test for me, the Government and the people...

They were spoken by the Tánaiste on 26 January 2005 when the problem, bad as it was, had not reached anything like the level to which it has since sunk. The Tánaiste will have seen figures in this morning's newspapers which show we have reached the worst position ever. Overcrowding is no longer concentrated in a small number of hospitals but scattered throughout the country's hospitals, with just short of 500 people on trolleys. Patients are being fed at the entrance to toilets and accommodated in a fashion which is not acceptable in a civilised society.

The picture is worse now than when the Tánaiste launched her ten-point plan in November 2004. It is a crisis and while I am not predisposed to doing so, I would be minded to ask for her resignation were she not the pick of the clapped out group of burnt out Ministers who accompany her on the Government side. This matter must be addressed. Setting up another task force and using more verbiage and rhetoric when people are being accommodated without dignity in uncivilised circumstances and staff are unable to provide the kind of care they would like to give is unacceptable. This is the lowest point we have reached in nine terrible years of the Government's management of the health service.

Comment on this

Almost 500 people are lying on trolleys in appalling conditions in what is, according to the Government, one of the wealthiest countries in the world. On taking office as Minister for Health and Children, the Tánaiste told us she would deal with the crisis in accident and emergency services and, as the previous speaker noted, stated this would be the litmus test of her tenure in office. She established the Health Service Executive to deal with the accident and emergency crisis but it has worsened. She also stated she wanted to deliver a world-class health system. The position in hospitals throughout the country shows that the health system, far from being world-class, is worse than that of a Third World country. It is appalling.

When will the Tánaiste recognise that the problem is one of capacity? The experts have told us that more acute and community care beds are needed but the Tánaiste has not delivered on her promises in this regard. It is time she delivered although I do not believe she will be able to do so before the next general election. The electorate will have to judge her on her handling of the accident and emergency crisis, an issue on which she has lost the plot and is out of her depth. I hope that instead of establishing another task force she will inform the House of her proposals to deliver extra beds.

Comment on this

The Tánaiste is presiding over an escalating crisis in our hospitals. The Irish Nurses Organisation has called on the Cabinet sub-committee on health to meet to address this crisis. Has the Tánaiste arranged for such a meeting to take place? It is the least that should happen. With a Cabinet sub-committee in place, we do not need further task forces or what can only amount to a token effort and charade but real action to address the current crisis. In November 2004, when launching her ten-point plan, the Tánaiste stated: "Our ten accident and emergency actions will help patients and their families well beyond the accident and emergency departments". The reality of the past week was that people were unable even to access some accident and emergency departments. It was not only an issue of beds but of people who could not even get trolleys. It is absurd in this Ireland of plenty people are suffering within the health system.

Now is the time to concretely address this issue. Additional capacity of in excess of 2,500 beds is needed to resolve the problem but nobody should say that is not achievable. In my community, a situation arose recently in which 26 beds were removed and photographs in my local newspaper revealed they were dumped at the side of the hospital building. That is incredible but it is the reality. It is time for the Tánaiste to take back the reins of responsibility because she cannot continue to wash her hands of blame like Macbeth. She is the Minister and the people expect her to take responsibility and to act accordingly.

Comment on this

On the same issue——

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

There is no provision for a debate on the Order of Business.

Comment on this

With the indulgence of the Leas-Cheann Comhairle, I wish to raise one further point which the Tánaiste may wish to address in her response.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

No.

Comment on this

It can be seen from the figures published yesterday——

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

A brief question please.

Comment on this

——that Wexford General Hospital had 35 people on trolleys. Only 21 beds——

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

We cannot discuss each general hospital.

Comment on this

Why not?

Comment on this

May I finish my sentence? Some 21 beds have been provided.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

It is not in order on the Order of Business.

Comment on this
John O'Donoghue Mr. O’Donoghue Fianna Fáil

Pay a bit of respect to the rules of the House.

Comment on this

The Minister from County Kerry may be satisfied with his hospital but we are not in County Wexford.

Comment on this

They are so smug over there, they do not want to hear anything.

Comment on this

The Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, who is sitting behind the Tánaiste, is aware of the issue because we met with hospital staff last week and jointly promised to raise to raise the issue here. I keep my promises to the people of County Wexford.

Comment on this

Hear, hear.

Comment on this

Some 21 beds will be provided but 35 people are on trolleys. When they are provided, they will not even address the current shortages. I ask the Tánaiste——

Comment on this

The Minister for zero beds.

Comment on this

There should be zero tolerance.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Order, please.

Comment on this

——who I genuinely respect, to take charge of this because the HSE's view——

Comment on this
John O'Donoghue Mr. O’Donoghue Fianna Fáil

The first Labour Party leader never to be a Minister.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

It is not in order to have a debate on the Order of Business.

Comment on this

While the Minister from County Kerry may think it a laughing matter that people are on trolleys, I can tell him the general public disagrees.

Comment on this

It is a most serious matter.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

The Tánaiste to respond.

Comment on this

On the same issue——

Comment on this

I have to speak because——

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

The Deputy is totally out of order.

Comment on this

——a man has been waiting for a bed in Mayo General Hospital since last Thursday. His consultant in Castlebar thinks he should be in hospital in Galway for a consultant haematology bed. The consultant haematologist in Galway, Dr. Dwyer, wants to accept him but no beds have been available since Thursday. This man is 77 years of age and is now dying of advanced anemia. Even if a bed is provided for him today, he will not be able to take advantage of it because hospital staff believe he has become unfit for travel. These are real problems——

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

I ask the Deputy to resume his seat.

Comment on this

——and real people. I am sorry for speaking on this matter but parliamentary questions should be asked throughout the summer so that we can deal with these ongoing problems because shortages of beds do not simply go away during Dáil recesses. Yesterday, there were 17 beds in UCHG and 12 in the urgent hospital——

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

I remind Deputies that they are using up the time allocated to the Social Welfare Law Reform and Pensions Bill.

Comment on this

——yet this man cannot find a bed.

Comment on this

I promise to be brief. I do not want to be specific, although 49 people remain on trolleys in Cork. Does the Tánaiste believe the crisis has reached such a stage that it is now imperative for her to introduce a Supplementary Estimate to deal with it? I accept we should travel abroad on St. Patrick's Day but, given that desperately ill people are being cared for on trolleys and chairs, the last thing the Tánaiste should do this week is leave the country. Does she seriously intend to depart the country despite the crises in the health service? Will she deal with this appalling situation now rather than leave it to Professor Drumm, who clearly does not accept the argument that capacity is at the heart of the matter?

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

The Deputy promised to be brief.

Comment on this

On the same issue, the hospital in Naas has 24 patients on trolleys, which represents the lowest number there for a considerable time. The hospital is in a state of chaos, even though two wards are idle and await the Tánaiste's sanction to tender for work on them. The plans are in place and I appeal to her to intervene directly in this matter.

Right across the board, the privatisation of cleaning services in hospitals has resulted in dirty hospitals. That also needs to be addressed.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

Allow the Tánaiste to respond.

Comment on this

On the same issue——

Comment on this

On the same issue——

Comment on this

There are plans in place to which the Minister merely needs to give her sanction.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

There is no provision for a debate on this matter.

Comment on this

Of course there is. The Tánaiste is here to provide an explanation.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

There is no provision for debate on the matter.

Comment on this

For example, there is a medical assessment unit——

Comment on this

It is not a debate. We are asking questions.

Comment on this

Doctors have stopped referring people to hospital because they know that only trolleys are available.

Comment on this

One cannot even get on a waiting list in County Wexford.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

I call on the Tánaiste.

Comment on this

It is a scandal.

Comment on this
Séamus Pattison An Leas-Cheann Comhairle Labour Party

The Deputies are completely out of order.

Comment on this

The Tánaiste should tell us exactly what she is going to do and when she is going to do it.

Comment on this

I support that.

Comment on this

We have been hearing about this issue for the past year and longer, yet nothing is happening on the ground to make a difference to patients on trolleys.

Comment on this

It is getting worse.

Comment on this

Will the Tánaiste tell us whether the people who are waiting to be put on waiting lists will form part of the statistics being compiled by the Health Services Executive? When will we see the official waiting lists which seem to have been buried behind a wall of secrecy? There should be three categories, the first two comprising those waiting for surgery and outpatient appointments. The third list, which is as long as my arm, should consist of people awaiting outpatient appointments.

Comment on this

Can the Tánaiste properly explain why people in Counties Longford and Westmeath had to wait nine and a half years for 103 additional beds in Mullingar General Hospital? Is not the root cause of the problem the failure to provide beds?

Comment on this

That is right.

Comment on this

That is why people are in corridors and on trolleys. It is a disgrace. Members of the Government arrive for photograph opportunities, then disappear like snuff at a wake. Staff, including nurses, attendants and ambulance drivers, are left to carry the can for this Government. It is time for it to stop engaging in its hypocritical cant.

Comment on this

I was asked by Deputy Kenny about legislation to establish the Health Information and Quality Authority. On Tuesday, the Government approved the heads of that Bill and it is being published for an eight week period of consultation, which will lead to better debate in this House. It is hoped we will have the full Bill by the summer recess.

Accident and emergency is a priority. Proportionately speaking, we have the same number of beds as the UK, even though our population of over 65s is 11% as against 17%.

Comment on this

That makes no difference. The proportions are the same.

Comment on this

It is not only a matter of capacity but also of how we make use of it. That is why the HSE is working——

Comment on this

The experts do not say that.

Comment on this

Let the Tánaiste answer.

Comment on this

That is the truth.

Comment on this

The Opposition has been heckling for half an hour. Let the Tánaiste answer.

Comment on this

The Tánaiste is blaming everyone in the world except herself.

Comment on this

I am not blaming anybody.

Comment on this

Listen to what the hecklers are saying.

Comment on this

It must be a disease the Progressive Democrats has contracted.

Comment on this

Fascists. Let the Tánaiste answer.

Comment on this

I am more than happy to take responsibility and ensure that problems are addressed. We have trebled the number of accident and emergency consultants, employed 7,500 more nurses in hospitals, opened 1,100 additional beds in four years——

Comment on this

Open the wards.

Comment on this

——and have 2,200 more dental and other medical staff.

Comment on this

The population has increased, however.

Comment on this

The situation is changing. At present, more than 100 beds are closed in our acute system because of the vomiting bug. That represents a considerable loss of capacity.

Comment on this

The Tánaiste will not open them.

Comment on this

More than 100 beds across the country are closed. If we want to hear from an expert, let us listen to Dr. Lane, an accident and emergency consultant in Letterkenny hospital, who agreed there are pressures but believes there is light at the end of the tunnel and that change is taking place.

Comment on this

Give Letterkenny their 70 beds.

Comment on this

However, change will only take place when we deal with issues in each hospital. Tallaght Hospital, which I know well as does Deputy Rabbitte, had a 1.9% increase for the accident and emergency department, and some weeks ago it had a 300% increase in the numbers of people on trolleys. When representatives from the National Hospitals Office went into that hospital and worked with people there, they were able to make dramatic improvements.

Discharge policies vary significantly from hospital to hospital. Unless we use the capacity provided by the taxpayer as effectively as possible, no amount of new beds will ever solve the problem.

Comment on this

Hear, hear.

Comment on this

That is the reality. I hope I have the support——

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Why is everybody saying we need more beds in the system?

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Not everybody is saying we need more beds in the system.

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According to the main experts, it is a capacity problem.

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We have provided 1,100 more beds. The issue is also about how the beds are used.

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Why are people on trolleys?

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The programme for Government agreed by the Progressive Democrats and Fianna Fáil indicated we would have a legal ombudsman. When will legislation be produced and when will the position be established? Two solicitors sitting beside the Tánaiste may not want it, but the public does. When cases are referred to the Law Society, the public does not want it to be a case of solicitors looking after solicitors. We want a legal ombudsman, an independent person to deal with these cases.

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Perhaps there should be one for auctioneers as well.

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The Minister for Foreign Affairs is here this morning. The Taoiseach and many Ministers will go to America next week, and I ask that they meet a delegation from our Irish citizens abroad who are fighting for a way to allow Irish citizens who are currently illegally in America to remain there. I ask the Minister for Foreign Affairs if he will meet a delegation from these groups. They are Irish citizens who just want to speak to the Minister and explain their plight.

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

That is not appropriate on the Order of Business.

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I would hope the Minister will do this. The least we can do is meet our citizens abroad, even if we cannot do anything else. I ask that the Minister, with the Taoiseach, would make the case on St. Patrick's Day for Irish people who are illegally in America. Australia was treated as a special case, and that country received 10,500 visas last year. We want 30,000 or 40,000 for our Irish illegals.

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On the same subject, thousands of Irish people demonstrated in Washington DC yesterday, and their illegal status is the cause of massive trauma in their lives because of the uncertainty of their awful situation. I ask the Tánaiste if the Taoiseach and Minister for Foreign Affairs will bring any fresh proposals to Washington DC in order to have a right for tens of thousands of our people in difficult circumstances to remain and make their lives in the United States, where they have been living for many years.

Considering we are trying to look after our own diaspora, with regard to the relatively few here from the diaspora of other countries——

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

I ask the Deputy to be brief.

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In the forthcoming week, there will be women from the likes of Somalia and Nigeria seeking permission to make lives here for themselves and their children. Will the Tánaiste give some signal to those people, who have been enduring great trauma like our own people in the United States, that they will be allowed to make a future for themselves?

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With regard to the legal ombudsman, we will have the legislation this session, and the heads of the Bill were approved by Government some time ago. With regard to undocumented Irish at the rally in Washington DC yesterday, I understand Niall O'Dowd acknowledged the work of the Irish Government in this regard. The Taoiseach and all the Ministers going to America will continue to lobby as forcefully as possible on the matter.

There is now a substantial number of foreigners living in Ireland and having good opportunities.

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They are seeking asylum.

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We have an asylum process which is fair and reasonable. The law must clearly take its course on the matter.

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There is one law for the Irish and another law for other people.

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That is a heartless response.

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We have heard a lengthy tirade from the Minister for Justice, Equality and Law Reform abusing the Opposition, but when it comes to accounting for his stewardship in this House, he is rarely found.

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Hear, hear.

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He speaks of being the meat in the sandwich, but the meat is cut from a very hard neck. I wish to ask the Tánaiste about the product from some of this meat.

Looking at the programme for Government produced in 2002 by the Progressive Democrats, we were to have major reform of criminal law laying down uniform guidelines and principles with regard to punishment of offenders. We were to have a law that would radically overhaul fines, and a nationwide indictable crimes court which would reduce the delay between charging and trial. We were to have new legislative provisions to deal adequately with crimes committed by juveniles, including provisions to update sentencing, rehabilitation and training. We were to have powers for the DPP to appeal against lenient sentences in the District Court. These are just a few of the commitments made in the PD manifesto and reflected in the programme for Government which I noted while sitting here listening to the debate about which we have seen nothing in this House in four years.

The Minister for Justice, Equality and Law Reform has come in and abused other Members but he will not deliver on the issues he has committed to. Instead he goes to his office and issues a press statement. There is an issue of accountability. Today, somebody being investigated with regard to a very serious crime in my constituency has walked away from the investigation because of a technicality. This is not acceptable. The Minister for Justice, Equality and Law Reform cannot lecture all those around him, speak of a watershed in the approach to crime, and yet produce a dismal record on relevant commitments made four years ago to tackle some of these issues.

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The Deputy has the list of promised legislation and referred to many Bills. There has been much legislation relating to the Department of Justice, Equality and Law Reform.

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I was speaking about those mentioned in the manifesto, none of which are implemented.

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There will be substantial legislation over the remaining life of this Government, including the issue mentioned earlier regarding the legal ombudsman and the firearms legislation, which we will have in two weeks. There will be more matters like this. The Minister for Justice, Equality and Law Reform has a large volume of legislation, as the Deputy knows.

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It is all crisis stuff.

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The people have been abandoned.

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Among other things, he is consolidating the Intoxicating Liquor Act 2000 and other matters that have not been previously considered. He has a major programme of reform under way.

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He has a large volume, but it is mostly a tirade of abuse.

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On the subject of the rabid rant of the Minister for Justice, Equality and Law Reform, can the Tánaiste explain if the defamation Bill will come before the House before the end of this session, as promised? Will the Bill contain references regarding defamation made under Dáil privilege? Has the Tánaiste taken the opportunity to talk to her colleague about correcting the Official Report with regard to the statement made by the Minister on 12 December in the House, which subsequently has been shown to have misled the House?

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That Bill will be introduced this session.

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Will the Tánaiste reply to the second part of my question?

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I am not aware of the contents of the legislation and this is not the opportunity to discuss the matter.

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The European Commission published its Green Paper on energy, and the OECD has commented similarly. The Deloitte & Touche report has been presented to the relevant Minister. So far, no response on the matter has come from Government. Will the Tánaiste indicate if the Deloitte & Touche report will be published, and if the relevant legislation, the single electricity market Bill, will be brought into the House as early as possible to generate the necessary debate?

It has come to my attention and that of numerous people the number of occasions that Ministers cosy themselves into chat shows in the national broadcasting service. As this is in breach of broadcasting Acts, I wish to inquire——

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

This is not appropriate to the Order of Business.

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The Deputy has been on Vincent Browne's show himself.

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I hope the Minister has not been to RTE making representations on behalf of them.

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The Deputy will be ringing the Angelus bell next.

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Somebody from the Government is clearly making constant contact with the authorities in RTE to impress upon them the need to have Ministers accommodated on soft cosy chat shows to promote Government policy. This is in breach of legislation. The public broadcasting service is not the preserve of Government but of the people. Everybody is entitled to equal treatment. Who has been in touch with RTE?

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

That question is not appropriate to the Order of Business.

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What arrangements have been entered into, by whom, and under what conditions?

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John O'Donoghue Mr. O’Donoghue Fianna Fáil

The Deputy should try to get on "The Podge and Rodge Show".

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The Minister should look after zero tolerance, his legacy to this State.

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

The question is not appropriate to the Order of Business.

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May I have a reply, as there were two questions?

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

The last question is inappropriate to the Order of Business.

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The first question is appropriate.

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The energy Bill will be later this year. The Minister and his officials are currently considering the Deloitte & Touche report.

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Will the Tánaiste indicate when Committee Stage of the Building Control Bill 2005 will be taken?

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I do not know that. I will get back to the Deputy.

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Other legislation we await is the Water Services Bill, which has been with the Department of the Environment, Heritage and Local Government for a year but has not yet come before the Select Committee on the Environment and Local Government. What responsibility does the Chief Whip's office have for ensuring that legislation passed on Second Stage in the House is vigorously progressed to Committee Stage? We could deal with it next week.

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Normally the line Minister and the committee try to arrange time. I will ask the Minister responsible and the Chief Whip about the Bills in the Department of the Environment, Heritage and Local Government.

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In reference to the Tánaiste's authoritative performance yesterday on the location of the children's hospital, am I correct that approximately €41 million has already been spent by Temple Street hospital on the site of the Mater Hospital, which may now be abandoned?

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I do not have the figure off the top of my head but I assure the Deputy it is nothing of that order because the work being done there has, in any event, to be done for the new Mater Hospital.

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The Tánaiste made a statement in Cork last Friday that Cork Airport should be debt free arising from the construction of the terminal.

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

The Deputy may only ask about promised legislation on the Order of Business.

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The Minister for Transport, Deputy Cullen, says that is not so. Will the Tánaiste clarify the position not only for me but for many people in Cork and the carriers that use Cork Airport?

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

What legislation does the question refer to?

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It refers to the aviation regulation Bill. It is too serious for such confusion.

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It is my and the Government's strong view that the three airports should have the commercial freedom to operate in competition with each other and should have a fair wind to their back. That is what I said in Cork. Consultants have been appointed, I am not sure if by the Minister, to examine the break-up of the company and how its assets and liabilities are to be assigned. I understand Mr. Hugh Cooney is in charge and will report shortly.

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I raise this matter because the Minister for Foreign Affairs is present. Last year the Government rightly facilitated the family of the late Detective Garda McCabe to lobby for its case in the White House. Last night the Minister for Foreign Affairs pointed out that the Government is assisting the family of murdered solicitor Pat Finucane to arrange meetings in America. Last year Joseph Rafferty was murdered in this city. Will the Tánaiste confirm that his family, in particular his sister, Mrs. Esther Uzell, has been put forward on a list from the Department of Foreign Affairs to the Irish Embassy in Washington for an invitation to the White House——

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Séamus Pattison An Leas-Cheann Comhairle Labour Party

That is not appropriate to the Order of Business.

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——so that truth and justice can be delivered over the death of her brother? A list is forwarded to the Irish ambassador. Will the Tánaiste, in the presence of the Minister for Foreign Affairs, confirm that every assistance will be given by the Irish Government to bring justice and closure in respect of this murder also?

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We will be as helpful as we can to any family in that situation. The Minister for Foreign Affairs is not aware of the matter as nobody has brought it to his attention.

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He is aware of the matter.

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Absolutely incredible.

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He is asked every day.

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