Dáil debates
Tuesday, 13 March 2012
Order of Business
4:00 pm
Enda Kenny (Mayo, Fine Gael)
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It is proposed to take Nos. 7 to 12, inclusive, motions re proposed approval by Dáil Éireann of Regulations of the European Parliament and of the Council and of the exercise by the State of the options or discretions in respect of Regulation (EU) No. 1077/2011; and No. 19, Finance Bill 2012 — Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that Nos. 7, 8, 9, 10, 11 and 12 shall be taken immediately on the conclusion of the Order of Business and shall be moved together and decided without debate by one question which shall be put from the Chair; the proceedings on Report and Final Stages of No. 19 shall, if not previously concluded be brought to a conclusion at 6.30 p.m. tomorrow, by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance. Private Members' business shall be No. 47, motion re lending rates and arrangements.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are two proposals to put to the House. Is the proposal for dealing with Nos. 7 to 12, inclusive, agreed to? Agreed. Is the proposal for dealing with No. 19 agreed to? Agreed.
Micheál Martin (Cork South Central, Fianna Fail)
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Will the Taoiseach outline when the credit registry Bill is expected before the House? This is a long-awaited Bill and the lack of a centralised source of credit data has been identified as one of the main culprits in the banks having such extensive loan books. There was an expectation that the legislation would be ready by the end of February. It is an important Bill. Will the Taoiseach indicate why there is a delay in its publication and when can we expect it?
Micheál Martin (Cork South Central, Fianna Fail)
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The credit registry Bill.
Enda Kenny (Mayo, Fine Gael)
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I cannot give the Deputy a date. I will have to come back to him on it.
Micheál Martin (Cork South Central, Fianna Fail)
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The Governor of the Central Bank has spoken on it.
Enda Kenny (Mayo, Fine Gael)
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I am aware of that. I will give the Deputy the up-to-date position. I do not have them all here.
Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach would want to get on top of it.
Gerry Adams (Louth, Sinn Fein)
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Iarraim go gcuirfí am ar leataobh chun díospóireacht a dhéanamh ar dhá ábhar. I would like the Taoiseach to allow time for debates on two pressing issues and instruct the Whips accordingly. The first would be on the promissory note, which we discussed earlier. Given the level of public concern over the billions of euro being paid to Anglo Irish Bank, will the Taoiseach set aside time for this important issue to be debated in the House?
The second is on yesterday's joint declaration by the Taoiseach and the British Prime Minister, tá mé ag iarraidh go mbéadh díospóireacht air sin fosta. Such a debate would give the Taoiseach an opportunity to report to the House on his progress in respect of a range of issues, including whether the British Prime Minister responded to the Oireachtas's demand for an inquiry into the Dublin-Monaghan bombings, the Ballymurphy massacre and the killing of Pat Finucane.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Requesting time for debates is a matter for the Whips. With respect, I ask the Deputy to raise this issue with them. It is not a matter for the Order of Business unless a debate has been promised. We deal only with-----
Gerry Adams (Louth, Sinn Fein)
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Fair enough. Given the Taoiseach's meeting, I believed-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I have allowed the Taoiseach to hear what the Deputy had to say. I assume that the Deputy will now go through the Whips.
Gerry Adams (Louth, Sinn Fein)
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I thank the Ceann Comhairle for his indulgence.
Joe Higgins (Dublin West, Socialist Party)
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Will the Taoiseach outline for the House the agenda in respect of the major Bills relating to the fiscal compact or, as we on the left call it, the austerity treaty? It is said that the Government favours the end of May for the referendum on the austerity treaty. Will he confirm this so that we might have a timescale within which to work?
Am I correct in understanding that the Treaty Establishing the European Stability Mechanism Bill and the European Communities Act 1972 (amendment) Bill are fundamental and must be taken before the referendum? Keeping in mind all of this, what is the legislative agenda? This substantial body of legislation is critical to the future of our people and we want enough time to debate it properly in Dáil Éireann.
Enda Kenny (Mayo, Fine Gael)
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In respect of the fiscal compact - the stability treaty - clearly a referendum is to be held here. Do not mind what "they" say, Deputy. "They" always say things and "they" are always right. That is what "they" say.
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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That is what the Taoiseach thinks about the troika, namely, they who must be obeyed.
Enda Kenny (Mayo, Fine Gael)
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When one talks about anything in the country, that is what "they" say.
Timmy Dooley (Clare, Fianna Fail)
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"They" used to be the Taoiseach.
Enda Kenny (Mayo, Fine Gael)
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What I want Deputy Higgins to understand is that, when the Government makes a decision on any of these matters, it will be communicated immediately to the people in the same way we did when, following the agreement of the text of the treaty, we asked the Attorney General directly for formal legal advice. When that became available, we immediately made known the decision to the people. We will do so as well when the Government actually decides to have the referendum.
I can confirm to Deputy Higgins that the Government intends to publish the fiscal responsibility Bill, which will give legal effect to the details of what is contained in the fiscal stability treaty. I can confirm to him that the Government this morning approved for preparation the heads of the referendum Bill. The Government will consider that Bill at its next meeting. The Government will have to follow that, once it is approved, with the setting up of a referendum commission, as we indicated we would. These decisions will be communicated to the House and the people immediately after they are made.
The intention is to publish the fiscal responsibility Bill, to produce and approve the referendum Bill, to produce and put in place the referendum commission and an appropriate person to chair that-----
Joe Higgins (Dublin West, Socialist Party)
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What of the other two Bills?
Enda Kenny (Mayo, Fine Gael)
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-----and to get on with the business of dealing with the conditions of public procurement and so on. The Government will make its decision in regard to that at its next meeting.
Joe Higgins (Dublin West, Socialist Party)
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What of the Treaty Establishing the European Stability Mechanism Bill and the European Communities Act 1972 (amendment) Bill?
Enda Kenny (Mayo, Fine Gael)
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That is not necessary. This fiscal compact is not an EU treaty. It is an intergovernmental treaty dealing with the stability of the fiscal compact, as the Deputy is aware. I have outlined for the Deputy the process that was approved this morning. The next stage of that will be to consider the referendum Bill, set up the referendum commission and deal with the conditions of public procurement. Following its next meeting, the Government will advise further on that.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Boyd Barrett.
Joe Higgins (Dublin West, Socialist Party)
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I am sorry, but this point is pertinent. For clarity, must the Treaty Establishing the European Stability Mechanism Bill be passed by Dáil Éireann before the referendum? Surely this is the case, given that the treaty contains the blackmail clause that will be central to some of the discussions in the referendum debate.
Enda Kenny (Mayo, Fine Gael)
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There is a procedure to be followed for the holding of a referendum. The Government is committed to that and we will follow the process that we have to put in place to comply with the conditions of holding a referendum. Clearly, the ratification of the stability treaty means countries that do not ratify the stability treaty will not in any eventuality be able to draw funding from the ESM. This is of particular importance to this country in the eventuality that, at some future time, funds might be required. It is an insurance policy for our children and for the future of our country. In due course, when the Government makes its decision on the proposed date to hold a referendum, that will be announced immediately.
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I am seeking clarification on the same issue. Will the European Stability Mechanism, ESM, be debated in the Dáil before or after the referendum on the fiscal treaty? As the Taoiseach seems to be indicating, the reason this is a critical question is that, if the Dáil passes the ESM legislation, we will pass the clause that denies us access to the ESM in the event that we oppose the treaty. We will be committing money to an ESM from which we might not be able to benefit if we do not pass the fiscal treaty. The sequence is critical.
Enda Kenny (Mayo, Fine Gael)
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We have not decided on the date for a vote in respect of the fiscal stability treaty. The position is that it is clear in the fiscal treaty that private sector involvement was taken out because it was deemed by the European Council that the situation in Greece was unique to Greece. It is also clear from the stability treaty that countries that fail to ratify the treaty will not be able to draw any funding from the ESM. It is also clear, as the Deputy is well aware from his weekly rantings, that this country is in a programme-----
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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We rant and the Government obfuscates.
Enda Kenny (Mayo, Fine Gael)
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-----and will continue to draw funding from that programme until 2013, when we hope to be able to emerge from it, retrieve our economic sovereignty and fly on our own.
Joe Higgins (Dublin West, Socialist Party)
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We can refuse to ratify.
Enda Kenny (Mayo, Fine Gael)
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As we make decisions at Government, they will be communicated to the House immediately so that everybody will be very clear on the process, timescale and opportunity-----
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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To blackmail ourselves.
Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach has brought great clarity.
Enda Kenny (Mayo, Fine Gael)
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-----for everybody to have a full and comprehensive debate in the Houses of the Oireachtas.
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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We will put a gun to our own head.
Timmy Dooley (Clare, Fianna Fail)
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In light of the decision of the Minister for Education and Skills to circulate information on the schools building programme on Sunday evening to Government Deputies and Senators only-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Hold on one second. We are discussing promised legislation.
5:00 pm
Timmy Dooley (Clare, Fianna Fail)
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The question I am asking the Taoiseach is-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is about promised legislation. Cut out the preamble please.
Timmy Dooley (Clare, Fianna Fail)
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Will the Taoiseach agree this action compromised the impartiality of the Civil Service and, as such-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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About what legislation is the Deputy speaking?
Timmy Dooley (Clare, Fianna Fail)
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The Ministers and Secretaries Acts.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is legislation promised in respect of the Ministers and Secretaries Acts?
Seán Sherlock (Cork East, Labour)
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Deputy Dooley will have to get up a bit earlier in the morning.
Timmy Dooley (Clare, Fianna Fail)
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I am asking the Taoiseach if he intends to amend the Ministers and Secretaries Acts. He has an opportunity to ask the Minister for Education and Skills, who is sitting beside him.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy can put down a parliamentary question.
Tom Hayes (Tipperary South, Fine Gael)
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He wants to tell us about another school in Clare.
Timmy Dooley (Clare, Fianna Fail)
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I want Deputy Tom Hayes to point out the ones that were pulled off the list. How many were pulled off the list that Deputy Mattie McGrath got put on?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Niall Collins.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sit down, please. I have called Deputy Niall Collins.
Timmy Dooley (Clare, Fianna Fail)
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The rules of the House have gone out the window. We are operating to a completely different agenda.
Niall Collins (Limerick, Fianna Fail)
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The Minister for Education and Skills has confirmed to the ICMSA that the capital value of farmland is to be incorporated into a new means testing criteria for sons and daughters of farmers who seek third level grants. Can the Taoiseach tell us-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, he cannot tell us if it is not legislation.
Niall Collins (Limerick, Fianna Fail)
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Is there legislation or when will the legislation be published in relation to that issue?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is legislation promised?
Enda Kenny (Mayo, Fine Gael)
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No legislation is promised in that area.
Enda Kenny (Mayo, Fine Gael)
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I do not know about what Deputy Niall Collins is speaking.
Micheál Martin (Cork South Central, Fianna Fail)
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There is legislation.
Enda Kenny (Mayo, Fine Gael)
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In respect of Deputy Dooley, it is a long time since I met a Fianna Fáil Deputy travelling with three concrete blocks in the boot of the car to start the school long before it was announced.
Mattie McGrath (Tipperary South, Independent)
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The Taoiseach is a good learner.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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About what legislation is the Deputy speaking?
Niall Collins (Limerick, Fianna Fail)
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I am asking the Taoiseach-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are dealing with promised legislation. Has legislation been promised?
Niall Collins (Limerick, Fianna Fail)
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He has confirmed to the ICMSA-----
Micheál Martin (Cork South Central, Fianna Fail)
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It has been confirmed to the ICMSA that a capital test is going to be applied.
Niall Collins (Limerick, Fianna Fail)
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-----that a change in the grant testing criteria-----
Enda Kenny (Mayo, Fine Gael)
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I can confirm that legislation has been promised but no decision has been taken.
Niall Collins (Limerick, Fianna Fail)
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-----for farmers will apply. It involves a capital asset test for farmers.
Micheál Martin (Cork South Central, Fianna Fail)
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It has been confirmed.
Niall Collins (Limerick, Fianna Fail)
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The Taoiseach confirmed that legislation will be required. When will the legislation be published?
Enda Kenny (Mayo, Fine Gael)
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The Deputy is correct. This is part of the programme for Government. No decision has been taken in regard to this or any measure attached to it.
Micheál Martin (Cork South Central, Fianna Fail)
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It is in a letter to the ICMSA.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Kelleher.
Micheál Martin (Cork South Central, Fianna Fail)
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Hold on a second.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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You hold on a second.
Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach cannot keep saying black is white.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Resume your seat and do not get excited.
Micheál Martin (Cork South Central, Fianna Fail)
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It is ridiculous.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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St. Patrick's Day is coming. Cool yourself.
Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach said white is black and black is white. It is in black and white in that letter.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Kelleher. Does the Deputy hear me?
Pat Rabbitte (Dublin South West, Labour)
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I suffered it for 14 years. I know how Deputy Martin feels.
Micheál Martin (Cork South Central, Fianna Fail)
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He has learned very quickly.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Kelleher does not wish to speak. I call Deputy Healy-Rae.
Billy Kelleher (Cork North Central, Fianna Fail)
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I want to speak.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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When I called the Deputy he would not speak.
Micheál Martin (Cork South Central, Fianna Fail)
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Ask the ICMSA.
Micheál Martin (Cork South Central, Fianna Fail)
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Will farmland be used in the capital means test?
Micheál Martin (Cork South Central, Fianna Fail)
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It is from the Minister to the ICMSA.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Show some manners in the Chamber.
Micheál Martin (Cork South Central, Fianna Fail)
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I am very mannerly.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is not a schoolboys' outing, for goodness sake. I call Deputy Healy-Rae.
Micheál Martin (Cork South Central, Fianna Fail)
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This is a serious issue.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Healy-Rae, please.
Michael Healy-Rae (Kerry South, Independent)
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The Taoiseach is talking. I have to get his attention.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please go ahead.
Michael Healy-Rae (Kerry South, Independent)
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When I have his attention I will go ahead.
Michael Healy-Rae (Kerry South, Independent)
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With regard to the land aggregation scheme, is legislation in place or promised to ensure that when lands are taken over from local authorities-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Hold on a second.
Michael Healy-Rae (Kerry South, Independent)
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I have to finish what I am saying.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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About what promised legislation is the Deputy speaking?
Michael Healy-Rae (Kerry South, Independent)
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If the Ceann Comhairle will give me a chance-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, I will not give you a chance because-----
Michael Healy-Rae (Kerry South, Independent)
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Give me the same chance as you give to everyone else.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----you are not coming here every single day and making statements.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Ask about the legislation.
Michael Healy-Rae (Kerry South, Independent)
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I will ask a question if the Ceann Comhairle gives me the opportunity.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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About what legislation is the Deputy asking?
Michael Healy-Rae (Kerry South, Independent)
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If the Ceann Comhairle will give me the chance I will ask my question. I have to be given the same chance as everybody else.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I hope the Deputy is in order because it will be the last time he is called.
Tom Hayes (Tipperary South, Fine Gael)
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The Minister, Deputy Burton, is not around. He is all right.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What legislation?
Michael Healy-Rae (Kerry South, Independent)
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May I continue? I could have asked my question ten times if the Ceann Comhairle had left me alone. In that scheme, lands are going to be taken from local authorities.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not promised legislation.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, you cannot finish. You are not making statements every day.
Michael Healy-Rae (Kerry South, Independent)
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I am not making a statement. I am asking about the legislation that was promised in the programme for Government. Will the Taoiseach ensure, by means of promised legislation, that private developers will not get their hands on this land-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is legislation promised?
Michael Healy-Rae (Kerry South, Independent)
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-----and sell it back to local authorities at an exorbitant price?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Stop abusing the freedom of the House.
Timmy Dooley (Clare, Fianna Fail)
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There is no freedom if one is on this side of the House.
Pat Deering (Carlow-Kilkenny, Fine Gael)
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Do not cry, Deputy Dooley.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation?
Enda Kenny (Mayo, Fine Gael)
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To what legislation in the programme for Government is the Deputy referring?
Michael Healy-Rae (Kerry South, Independent)
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The Taoiseach knows about what I am speaking. I refer to the land aggregation scheme. When that scheme was drafted, was legislation built into it to ensure-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is legislation promised?
Michael Healy-Rae (Kerry South, Independent)
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That is what I am asking.
Enda Kenny (Mayo, Fine Gael)
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There is no legislation, as far as I am aware. Tá tú ag breathnú go hálainn leis an léine nua.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Excuse me Deputies, this is about promised legislation. If Deputies have queries they should use parliamentary questions or the Topical Issues debate and we will try to facilitate them. Day in, day out I have to interrupt people because they are abusing the rules of the House. I am adhering to the rules of the House in the interest of everybody. An important item of legislation called the Finance Bill 2012 will be debated later and the debate on it is limited in time. I ask Deputies to observe the rules on promised legislation.
Billy Kelleher (Cork North Central, Fianna Fail)
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In Cork University Hospital a CAT scanner worth €3.8 million is lying idle. The Taoiseach has promised a debate on the HSE plan and legislation aimed at changing corporate governance in the HSE. When will these debates take place given the seriousness of the issues arising? Hundreds of people are being forced to travel to Dublin to access facilities because there are no staff to service the scanner in Cork. When will we have the debate? This issue is discommoding a large number of vulnerable and ill people.
Enda Kenny (Mayo, Fine Gael)
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The Deputy should raise the matter at a Whips' meeting. I do not have any objection to this. It may be necessary to bring the Dáil back early after Easter to deal with all these requirements for debates.
Billy Kelleher (Cork North Central, Fianna Fail)
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I will gladly accommodate that as long as it is not on a false Friday.
Enda Kenny (Mayo, Fine Gael)
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I look forward to accommodating the Deputy. He will get his debate.
Robert Troy (Longford-Westmeath, Fianna Fail)
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Has the Government made plans to bring forward amendments to the criminal justice legislation on mandatory sentencing in light of the sentences laid down in recent weeks?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the legislation promised?
Robert Troy (Longford-Westmeath, Fianna Fail)
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A person convicted of importing garlic received the same prison sentence as a father who raped his daughter and a women who mowed down her neighbour. They each received six years. There is a lot of anxiety among the public.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What legislation is the Deputy speaking about?
Robert Troy (Longford-Westmeath, Fianna Fail)
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I refer to the court services Bill. Will it be amended to provide for mandatory sentencing?
Enda Kenny (Mayo, Fine Gael)
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The Deputy is entitled to table amendments on Committee State or Report Stage to any Bill. If he has a particular feeling for any legislation, it is his perfect right to do that.
Timmy Dooley (Clare, Fianna Fail)
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The Taoiseach is aware that the Government dictates the state of play on these matters.
Bernard Durkan (Kildare North, Fine Gael)
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In view of the huge number of people left on local authority housing lists by the previous Administration, I ask the Taoiseach to introduce the housing Bill at the earliest opportunity. Perhaps he will also indicate the extent to which the Bill has been discussed in the Cabinet. Have the heads of the Bill been drafted?
Enda Kenny (Mayo, Fine Gael)
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The heads of the Bill have not yet come before the Government. We expect to publish the Bill this year but I cannot provided detailed information as to when the heads will come before the Government for approval. I will revert to the Deputy on the matter.
Bernard Durkan (Kildare North, Fine Gael)
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On another issue relating to promised legislation, the sale of alcohol Bill has been promised.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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When is the sale of alcohol Bill due?
Bernard Durkan (Kildare North, Fine Gael)
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An early debate on the Bill would be socially desirable.
Enda Kenny (Mayo, Fine Gael)
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The Deputy will be aware that the Minister of State at the Department of Health, Deputy Shortall, is dealing with an element of this.
Enda Kenny (Mayo, Fine Gael)
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The sale of alcohol Bill is expected by the middle of the year.
Peadar Tóibín (Meath West, Sinn Fein)
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An féidir leis an Taoiseach insint dúinn cathain a thiocfaidh an construction contracts Bill os comhair na Dala?
Enda Kenny (Mayo, Fine Gael)
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Tá an Bille réidh le teacht go dtí an Teach. Is dóigh liom go dtiocfaidh sé anseo go luath - taobh istigh de choicís, sílim.
Charlie McConalogue (Donegal North East, Fianna Fail)
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In respect of the legislation required in advance of the children's referendum, can the Taoiseach indicate the month in which it will be introduced? Given that his Government has committed to holding the referendum this year, it would be appropriate to at least indicate the month in which the legislation will be published. He has advised me on several occasions that it is complex legislation but we ought to be given a timeline for publication.
Enda Kenny (Mayo, Fine Gael)
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We are not going to do this unless everything is in order to do it properly. We have not fixed a timeframe for the referendum. There is the matter of the Children First requirements and the legislation the Minister has to introduce. In regard to the referendum for the protection of children, I will not name a timeframe for that until the legislative process and the indications on the children's rights issues are dealt with.
Charlie McConalogue (Donegal North East, Fianna Fail)
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Does that mean it will not happen this year?
Enda Kenny (Mayo, Fine Gael)
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No, it does not mean that. I want to have the process right. This is far too sensitive to just fix a projected time with which we might not be able to comply. We have to get this right for everybody.
Charlie McConalogue (Donegal North East, Fianna Fail)
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Therefore, it may not happen this year.
Billy Timmins (Wicklow, Fine Gael)
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Periodically, after viewing documentaries on massacres in Rwanda or the Sudan, we express outrage in this House. In the context of No. 18 on today's Order Paper, what can we do about the massacre in Syria which has been ongoing for several months? There seems to be a silence of collaboration at EU level on this whole affair.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy tell us what is No. 18?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I know that. I had hoped to save time but I will look it up myself.
Billy Timmins (Wicklow, Fine Gael)
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The Taoiseach is familiar with the issue and was about to respond. No. 18 on the Order Paper concerns the laying before the House of the report on the Defence Forces involvement with the United Nations. It is in the context of our commitment to UNSAS, the United Nations Standby Arrangements System.
Enda Kenny (Mayo, Fine Gael)
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I can inform Deputy Timmins, an esteemed and honoured member of the Defence Forces of former years, that there was detailed discussion on this at the Heads of Government meeting in Brussels, where a detailed report was given by High Representative Ashton. There was full support for the sanctions that were imposed, both from a European perspective and from a United Nations perspective. I note that former Secretary General of the United Nations, Mr. Kofi Annan, was in Syria and has had two meetings with the President there. The Tánaiste and Minister for Foreign Affairs attended in Tunis as part of the meeting of the Ministers for Foreign Affairs.
With regard to Europe, let me assure Deputy Timmins that Europe is very concerned about the massacre that is taking place and about the horrendous happenings in Syria, and is fully focused on dealing with this. Quite a number of countries have withdrawn their embassies and ambassadors from Syria. The sanctions are tight and will continue to be so until there is a resolution to this situation.
Mattie McGrath (Tipperary South, Independent)
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Ba mhaith liom ceist a chur ar an Taoiseach faoin saghas reachtaíocht a thiocfaidh os comhair na Dála chun stop a chur leis an taisteal go léir atá á dhéanamh ag na hAirí agus Airí Stáit atá ag dul trasna an domhain le haghaidh Lá Fhéile Pádraig agus leis na costais a bhaineann leis na turais sin. Dúirt sé-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It has nothing to do with the Order of Business who is travelling where. We are talking about promised legislation.
Mattie McGrath (Tipperary South, Independent)
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It is the cost of this.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Heydon.
Mattie McGrath (Tipperary South, Independent)
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I am not a killjoy. I want people to travel and represent the country. It is the sheer amount-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will you switch off the microphone, please?
Mattie McGrath (Tipperary South, Independent)
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We were ridiculed when we were on the other side.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy sit down, please?
Martin Heydon (Kildare South, Fine Gael)
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In light of the need for the wards of court system to be replaced with a modern statutory framework governing decision making on behalf of the adults who lack capacity, when does the Taoiseach expect the proposed mental capacity Bill to come before the House?
Enda Kenny (Mayo, Fine Gael)
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The heads of the Bill have been approved and I expect it will be this session.
Micheál Martin (Cork South Central, Fianna Fail)
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Yesterday, I saw slipped into one of the newspapers, in some inspired act by some representative of the Government, that the Seanad referendum will not take place this year. The Taoiseach had given earlier indications to the House that it definitely would take place. Will he confirm when he expects the legislation leading to a referendum on the abolition of the Seanad to come before the House?
Enda Kenny (Mayo, Fine Gael)
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That report is complete speculation. As I have said before in the House, we need to consider, as a Parliament, the process by which we hold referenda in view of the fact two referenda were held together with the presidential election on the last occasion. When it is held, the referendum in respect of the fiscal stability treaty will be held on its own. Obviously, the Government is very clear that we have to hold two other referenda outside the framework of the constitutional convention, that is, the referendum on child protection and the referendum on the abolition of the Seanad. In respect of the latter, I will bring a memorandum to Government in due course. As I said, I have not fixed a timeframe for either the Seanad referendum or the referendum on child protection. Both of these are matters we have to get right. I will let the House know when Government will deal with the memorandum in respect of the proposal to ask the people for the abolition of the Seanad.
Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach was definite all along that it would be held this year. Do I take it from his reply that it will not be held this year?
Mattie McGrath (Tipperary South, Independent)
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It is only his mind.
Micheál Martin (Cork South Central, Fianna Fail)
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But, Taoiseach-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy asked the question. Let us get the answer.
Enda Kenny (Mayo, Fine Gael)
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When Deputy Martin addressed these questions before, there was clearly a 12-month period in front of us where one was not required to have a referendum. We have had formal legal advice from the Attorney General to have a referendum on what is a fundamentally important issue for the future of this country, and that will be dealt with on its own. Thereafter, the process in respect of both the child protection referendum and the Seanad will take their place. I will not lock into timeframes. We have a very important consideration for the future of Ireland to deal with. The people have a right to deal with that on its own, in the full knowledge that this is important for the future of our children and our country in the years ahead.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That completes the Order of Business.
Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach needs to be far more up-front with the Dáil. The situation is reaching farcical proportions. There is complete uncertainty.
Enda Kenny (Mayo, Fine Gael)
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I had a good meeting with representatives of all the parties, including the Deputy's, on the constitutional convention, although Deputy Martin was not able to attend. Some of them have written back and we are to have a second meeting on that. I assure the Deputy we will be very up-front with him. We will deal with this in due course.
Pat Rabbitte (Dublin South West, Labour)
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Deputy Martin has certainly changed his position.
Micheál Martin (Cork South Central, Fianna Fail)
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At least I have a position. It is difficult to know what is the Minister's.