Dáil debates

Wednesday, 20 July 2011

11:00 am

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call the Taoiseach to respond to the objections by Deputy Ó Snodaigh on behalf of Sinn Féin and Deputy Joe Higgins on behalf of the Socialist Party regarding the arrangements for the taking of Report and Final Stages of the Communications Regulation (Postal Services) Bill 2010.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I have already responded on that in respect of the amount of time that was allocated for Report Stage from 6 p.m. until 10 p.m. yesterday and from 5 p.m. to 7 p.m. today. The Minister and the Chief Whip made it perfectly clear that whatever time was required by Opposition Deputies to discuss all of these matters was made available on Committee Stage and was not taken up. The Minister is in the Seanad next week with this Bill, which deals with the transposition of a European directive into Irish law.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am required to put the question: "That the proposal for dealing with No. 20 be agreed to."

Question, "That the proposal for dealing with No. 20 be agreed to," put and declared carried.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business agreed to? Agreed. Is the proposal for dealing with No. 20b agreed to? Agreed. Is the proposal for dealing with No. 21 agreed to? Agreed. I call Deputy Martin on the Order of Business.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The United Nations has declared that a famine is underway in parts of southern Somalia and that approximately 3 million people are in the affected areas, with 500,000 children described as being at risk of death. It is reported it may be worst famine in 20 years following years of conflict, drought and an escalating food crisis. Irish aid agencies have played a significant role in bringing this crisis to the attention of the world.

I am conscious we have only today and tomorrow left in the House. Will the Taoiseach clarify whether it is intended that additional Estimates will be required to give additional aid to what is the first major famine of the 21st century? Will the support of the House be required to approve additional aid? Will it be necessary to deploy some Army personnel to give logistical support in the provision of such aid in Somalia, which may be necessary given the conflict situation there? This would require the approval of the House.

The Taoiseach has the full support of the Opposition for either of those two measures that may be required or for any additional measures that may require the approval of the House today and tomorrow.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I appreciate that from Deputy Martin on behalf of the Fianna Fáil Party. It is an appalling situation which we see unfolding on television screens across the world. I understand this crisis has now peaked, with the United Nations declaring a famine in two regions of southern Somalia, Bakool and Lower Shabelle. I understand 3.7 million people are in crisis and 78,000 Somalis have fled the country to seek assistance. Malnutrition rates in Somalia are currently the highest in the world. In the last months, tens of thousands of Somali people have died as a result of malnutrition.

The Government has provided €5.6 million to UN agencies, Concern, Trócaire, GOAL and World Vision for emergency food and water, sanitation and health care. Some €750,000 of this funding will help the UN World Food Programme to increase dramatically the distribution of highly nutritious foodstuffs to young children and pregnant women. A further €250,000 is being provided to the United Nations High Commissioner for Refugees for shelter, health care, water and sanitation for the Somali refugees who are fleeing to Ethiopia and Kenya. In addition, 11 members of the Rapid Response Corps administered by Irish Aid have been deployed to the region. As the Deputy is aware, the corps is made up of highly skilled volunteers who work with the UN and other humanitarian agencies in a crisis situation.

I have spoken to the Chairman of the foreign affairs committee, Deputy Pat Breen, who has called an emergency meeting for early next week. I thank Deputy Martin for his offer of support in whatever decision the committee might arrive at in order to add further to what Ireland can do as part of a European response to this first famine of the 21st century.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I want to endorse the position put by Deputy Catherine Murphy earlier when seeking the Adjournment of the Dáil under Standing Order 32 as well as the position outlined by Deputy Martin. Sinn Féin has made some suggestions in this regard, including what I thought was quite a useful notion from one of our Members, namely, that unemployed people here who have expertise, such as civil engineers and so on, could usefully be deployed there. We stand by to support the Government in whatever constructive, positive contribution we can make to deal with these citizens' plight.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I thank Deputy Adams for that and will convey his comments, as well as those of Deputy Martin, on behalf of their parties to Deputy Breen for the benefit of his committee and the decisions at which it might arrive next week.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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I refer to two items of promised legislation. In light of headlines in today's newspapers regarding a possible paedophile ring in County Donegal and the recording of nearly 2,400 sexual offences in Ireland last year, I note the Government has plans to introduce tighter controls on convicted rapists and paedophiles, including plans to tag convicted sex offenders. What is the present status of that legislation? Second, the former Minister for Justice and Law Reform gave a commitment in the House to introduce legislation to facilitate the provision of information to parents and those involved in providing employment to sex offenders and so forth, as well as to put that mechanism on a statutory footing in order that people in communities that may be at risk might be made aware, through An Garda Síochána, of a person's conviction. This commitment has yet to be put on a statutory footing.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank the Deputy.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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When will this legislation be forthcoming?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I cannot give the Deputy an exact date. As he is aware, the Minister for Children and Youth Affairs has published the Children First requirements. These are to be backed up by legislation currently being drafted by the Minister for Justice and Equality. This is a matter of obvious priority for the Government, which is the reason a Minister with specific responsibility for children was appointed. I regret being obliged to read the appalling situation as outlined in newspapers today regarding a school in County Donegal. I will let the Deputy know when the Government has a better fix on when the legislation will be brought before the House.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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I refer to legislation pertaining to the modernisation of the statutory basis for the development of cemeteries and crematoria. I mentioned this matter to the Taoiseach at the recent meeting of the Select Sub-committee on the Department of the Taoiseach. In addition, is the Government considering legislation on non-recourse mortgages? Finally, as the Taoiseach is aware, his colleagues, Deputies Regina Doherty and Terence Flanagan, as well as Deputy Seán Kenny and I have asked him to stop the effective closure of a small school for children on the autistic spectrum in Donaghmede next Friday.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not in order.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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As the Taoiseach is aware, those children-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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If the Deputy raises the matter on the Adjournment, I will consider it.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Very well. However, the Taoiseach is aware of this matter as Deputy Doherty has just brought it to his attention again. Can the Taoiseach-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call the Taoiseach on the other questions on promised legislation.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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We were not elected to close schools for children on the autistic spectrum. We have no mandate for that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle has offered the Deputy an opportunity to raise this matter on the Adjournment. I am unsure of what legislation the Deputy was referring to in respect of cemeteries.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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A European directive on crematoria has not been transposed into Irish law.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will revert to the Deputy in this regard.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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I refer to promised legislation in respect of Garda vetting, about which there is a huge problem. I heard the Taoiseach speak in the Chamber about the importance of the Government's number one priority of getting people into employment. However, there is a huge problem in respect of Garda vetting and companies and organisations are experiencing great difficulty in this regard. I have encountered examples in my constituency involving waiting periods of six months and more to have people vetted. Moreover, this mainly concerns the vetting of people who were unemployed and who were not coming from other jobs.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank the Deputy.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Such people were being recruited into employment. This affects the long-term unemployed, effectively takes their jobs and is outrageous.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation in this regard?

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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While the Taoiseach will give a response in respect of the forthcoming Bill, will it be possible for him to speak to the Minister for Justice and Equality and to have him telephone the Garda vetting unit?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy is out of order.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Can the Taoiseach ask the Minister to do something-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume his seat.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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-----over the summer period-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy is out of order. Will he please resume his seat?

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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----- to alleviate the blockage within the Garda vetting unit?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation in this area?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Deputy Stanley's point is one of which the Minister for Justice and Equality is well aware. This matter is being followed through by the Minister. The Government is aware of the number of people who could be employed and who are not in employment at present because of delays in this regard. This is not to say anything other than the vetting office does a good job. The Deputy may take it that the Minister for Justice and Equality is working actively on this matter in conjunction with the Minister for Social Protection. It is an issue of which the Government is aware and about which it has concerns.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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On the legislation.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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There is no need for legislation.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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In light of the significant increase in the number of liquidators, examiners and receivers that have been appointed, and given that the main creditors of the companies now subject to these processes are State-owned and State-controlled banks, in the context of the promised companies consolidation and reform Bill, is it expected that the Government will introduce new measures to deal with how liquidators, examiners and receivers are appointed, as well as to introduce greater transparency into how they conduct their business?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Yes, a massive piece of work must be conducted in this regard. I expect it probably will be in the middle of next year before the Government will be in a position to publish that Bill. It is extremely complex, extremely extensive and entails an enormous amount of work. That process has started.

Photo of Joan CollinsJoan Collins (Dublin South Central, People Before Profit Alliance)
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I wish to raise two aspects of legislation. I refer to the litany of austerity packages that was approved by the Government, that is, the two parties therein, two weeks before the election in respect of the water tax. Will this measure be introduced under the polluter pays principle or under special legislation pertaining to a tax on people? Second, on mortgage debt, will legislation be introduced to protect families and enable them to be kept in their homes on foot of the mortgage crisis?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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No, there is not. On the issue of water charges mentioned by the Deputy, I dealt with this matter during Leaders' Questions this morning. The Minister for the Environment, Community and Local Government will bring a memorandum before the Cabinet shortly and it will make a decision. The memorandum of understanding signed off on between the then Government and the troika and subsequently voted on by the Dáil means the questions of a site valuation tax and charges arising from water metering will apply. The Government will make its decision in this regard shortly and will bring clarity and certainty to the matter. In addition to the existing initiatives regarding distressed mortgages, the Government also is considering a range of other options and it hopes to reach a conclusion on them by September.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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I refer to promised legislation in respect of the forthcoming referendums on the three matters to be put before the people. The Minister for Justice and Equality has indicated the heads of the Bill pertaining to judicial pay are to go before the Cabinet next week. I seek clarification on the timelines because I am a little concerned that on Members' return after the recess, they probably will only have two weeks in which to get through these Bills. I seek clarity on when Members can expect the heads of Bills to come before the Cabinet and when the Opposition can get an opportunity to consult the relevant Departments. In addition, the Taoiseach should outline the reason the legislation pertaining to whistleblowers and the Abbeylara judgment is being taken not by the Minister for Justice and Equality but by the Minister for Public Expenditure and Reform, Deputy Howlin.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The referendum on judicial pay is being dealt with by the Minister for Justice and Equality. Work on the other two referendums the Government is committed to holding in October is being dealt with and processed by the Attorney General. The Government will sign off on these items shortly and there will be sufficient time for consultation with the Opposition leaders, as well as time for debate in this House and for the commissions that must be set up to do their work in advance of the question being put to the people in the referendums.

Photo of Brian WalshBrian Walsh (Galway West, Fine Gael)
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In respect of promised legislation, I welcome the Taoiseach's announcement this morning that the Minister for Children and Youth Affairs intends to introduce legislation to deal with the recommendations arising from the recently announced Children First protection guidelines. The Taoiseach will be aware of the recent horrific case that came before Galway Circuit Criminal Court, in which the horrific abuse perpetrated by a mother on her eight children was detailed. The Taoiseach also may be aware that the mother and those eight children came from the Traveller community. It is my view - my belief - that abuse would not have gone unnoticed and would not have continued without adequate intervention by the State if those children had come from the settled community. My question, in relation to the proposed legislation, is when the Taoiseach expects it to come before the House. The Minister has also initiated an investigation into the adequacy of the State's response.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank the Deputy.

Photo of Brian WalshBrian Walsh (Galway West, Fine Gael)
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Will that legislation wait until the investigation is published? Will that legislation take adequate cognisance of the challenges that-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy cannot discuss the content of the promised legislation.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I do not think that reference is sustainable and it should be removed from the record of the House regarding the community and family setting of a victim of abuse. It is not in order, in my view. I may be incorrect as to Standing Orders but a very unwelcome and unacceptable assertion was made and I am offended by it.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please allow the Taoiseach to reply.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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It is not the truth.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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On Thursday, 14 July 2011, a 47 year old woman received a sentence of 24 years for pleading guilty to the assault and ill-treatment of her eight children, two boys and six girls, over a seven-year period from 2002 to 2009. The final 16 years of the sentence were suspended. The Health Service Executive confirmed that it had knowledge of this from 2000 onwards. It became actively involved with the family in 2009, with a social worker working almost exclusively since that time with that family. A number of members of the family are now in the care of the HSE and the HSE has also confirmed that the case has been referred to a 15-person national review panel which is chaired by Dr. Helen Buckley of Trinity College, Dublin. The review panel was designed to create a standardised and systematic way of completing reviews of serious incidents such as this. The report of the review panel will be submitted by the HSE's national director for children and family services to the Minister for Children and Youth Affairs as soon as it is completed. The HSE is actively involved at the moment in the provision of a multitude of services to this family. The Minister for Children and Youth Affairs is aware of the case and together with the Minister for Justice and Equality, will take this kind of situation into account in the drafting of the legislation following on the production of the children's rights issues published by the Minister this week.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I wish to make a point of order. I was about to do so when Deputy Martin did so. It might not have been the intention of the Deputy but the inference in his comment was that this abuse would only have gone unnoticed because the people were from the Travelling community and it would have been noticed if it happened in the settled community. I know personally-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I do not think the Deputy meant it in that way.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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That is how it came across.

(Interruptions).

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I respectfully-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I will allow the Deputy to correct----

Photo of Brian WalshBrian Walsh (Galway West, Fine Gael)
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I have nothing to correct. I referred to the complexities involving the Travelling community quite apart from the issues arising in the settled community. Significant challenges exist for front line workers working with Traveller children. This is the reason I want a specific reference in the legislation. The Deputy misunderstood my comment.

(Interruptions).

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry Deputy, we are not having a debate.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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There was a debate between the Taoiseach and Deputy Walsh about aspects of it. My point is there is no basis for that assertion. I know from evidence there is no basis for that assertion.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Ó Snodaigh and then I will call Deputy Boyd Barrett. The half an hour has concluded.

(Interruptions).

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I refer to two pieces of promised legislation. The freedom of information (amendment) Bill is definitely promised to be published later this year. Will this be published in the next number of weeks? Will a Supplementary Estimate for An Garda Síochána be published? I spoke to a very senior Garda superintendent in the city who said that it will not be possible to carry out normal policing in this city because of the huge cost of the recent visits by two dignitaries to our shores. It would be a challenge for any organisation if €36 million was taken from its budget.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are out of time so I ask for the Deputy's co-operation.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Will a Supplementary Estimate be published to cover the expected shortfall in the Garda budget?

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I have asked this question about six times. When will the House have an opportunity to discuss the McCarthy report on the sale of State assets?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy, that is not in order.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, it is not.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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There is legislation.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Where is the legislation?

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Legislation will be brought forward to secure the sale of those State assets.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Taoiseach will answer the question.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In respect of the freedom of information (amendment) Bill, this will not be published in the next few weeks. The work on the Bill is ongoing but it will not be published in a few weeks.

On the question of the cost of the visits of Queen Elizabeth and President Obama, no more than any other sector, the Garda Síochána which does such an important job, is not immune from savings and efficiencies we introduced. There will be no further Supplementary Estimates this year.

The McCarthy report could be considered for discussion during Friday sittings of the Dáil which will take place from September. At least one day per month will be allocated for such sittings and for the introduction of Private Members' Bills. In so far as the legislation is concerned, the programme for Government is very clear in stating that the State will realise up to €2 billion from the sale of non-strategic State assets over the period of the lifetime of the Government. The Government will decide on the basis of options -not just in regard to McCarthy - it considers to be the best.

The Deputy could raise this issue at the Whips' meeting.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I have done so several times.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Friday sittings will be the ideal opportunity to devote sufficient time to the discussion of reports such as this.