Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 13, Criminal Law (Human Trafficking) Bill 2007 — Second Stage (resumed) and No. 14, Charities Bill 2007 — Second Stage (resumed). Private Members' business, No. 24, motion re Civil Unions Bill 2006 (resumed), is to be taken immediately after the Order of Business and to conclude after 90 minutes.

Enda Kenny (Mayo, Fine Gael)
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The Tánaiste stated in the House that it was intriguing that the requirement to apply for a pension within six months does not apply to any other public service pension. Is it intended to make the application system for all pensions equitable, in the sense that a number of people who did not apply in time for what might be called public service pensions, having reached pensionable age, were denied their full pension? Is it intended to change the law to create equity in that regard?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised?

Brian Cowen (Laois-Offaly, Fianna Fail)
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No.

Enda Kenny (Mayo, Fine Gael)
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In 1992, the Labour Relations Commission produced a code of practice to deal with disputes in essential services. Today, we are told that ten operations have been cancelled in Tralee General Hospital because of a dispute involving electricians. There has also been an announcement by the flagship company, Waterford Crystal, to move 500 jobs abroad. In other areas, particularly in the health service, disputes involving essential services now occur. In view of the fact that nothing has been done since the code of practice was produced and adopted in 1992, is it the Government's intention to introduce legislation based on the code of conduct for the provision of essential services with a view to moving the matter forward and arriving at a position in which such disputes can be prevented or dealt with in a more cohesive and coherent fashion?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in these areas?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware that legislation is promised to place the guidelines the Deputy mentioned on a statutory footing. The problem with all industrial relations disputes is that they usually arise when people do not engage in best industrial relations practice. On the particular issue causing a problem at the moment, the public will look askance at the fact that determining who puts a light bulb in a light fitting requires the sort of actions being taken at present which have discommoded patients and affected activity in hospitals throughout the south and south east. Given that we are setting up a health forum to try to get people to work together and deal with issues surrounding reform of the health service, that such circumstances would arise out of such an issue marks a failure by unions and management to resolve matters in a sensible way. It is an indication of how steep the incline seems to be in terms of reforming the health service when this sort of disproportionate consequence arises out of an issue which should be resolved in a common sense manner, particularly given the challenge facing everybody in trying to provide a health service that meets the expectations of the public.

Craft workers who are members of the TEEU are engaged in industrial action in the HSE southern area. They withdrew from on-call and call-out services from 16 July. The issues in dispute have been the subject of five conciliation conferences, most recently on 9 October. The management is satisfied that progress has been made on all issues, namely, maintenance structures, contractors, on-call and call-out, promotions, the Labour Court recommendation on the change agenda at Cork University Hospital and retrospective payments for increases due under Sustaining Progress and Towards 2016. However, agreement has not been reached and the union has refused to refer the matter to a full hearing of the Labour Court.

People must resume normal activities and enable the industrial relations machinery to be utilised, as is being done in a range of other ways, to avoid a situation in which patients or operations are put at risk. There are enough issues and problems in the health service without being exacerbated in this way. I ask everyone to take responsibility and deal with the matter in the way to which the public is entitled to expect.

As Minister for the public service, I examined the other matter under discussion on the basis that a conditionality applied to the category of public servants into which politicians fall that did not apply elsewhere. The same criteria should apply across the board where one's right to entitlement is not compromised or undermined by a failure to apply in writing within a specified period, a criterion that is not the case in respect of other public service arrangements. It was necessary to put this category on a similar footing. A case was made and I received advice and discussed the issue. There were opinions on both sides of the fence and I reached a decision. Instead of exceptionalising an individual, putting the individual in the same position as other public service workers was the basis of my decision.

Enda Kenny (Mayo, Fine Gael)
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While I understand the Tánaiste's point of view, there is inequity in the treatment of people who apply for an ordinary old age pension, which could be described as a public pension in the sense that it is paid for by the public. Is it intended to provide equity across the board for public servants and those who apply for pensions from the State?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I dealt with this matter as Minister for the public service in the context of how all public servants are treated when the right to an entitlement to a pension arises. The question of social welfare policy is a matter in the first instance for the Minister for Social and Family Affairs, but the legislative provisions relating to late claims for social welfare benefits are set out in section 241 of the Social Welfare Consolidation Act 2005, which provides a mechanism for the back-dating of State pension claims up to and beyond five years where there are grounds for doing so. It amounts to 100% for the first year's arrears, 50% for the second year, 30% for the third year, 20% for the fourth year and 10% for the fifth and subsequent years.

Eamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise two matters with the Tánaiste. Does the Government intend to do anything about the significant job losses at Waterford Crystal or to meet the owners, management or employee representatives to discuss yesterday's announcement? What knowledge has the Government concerning the location to which the jobs are being transferred? Are they being transferred to the Czech Republic, as reported in Irish newspapers, or Slovenia, as reported in the Slovenian press?

The second matter relates to the next banana skin on which the Government is about to step, namely, the reduction in funding for community child care facilities. Currently, they are in receipt of certain funding for staff, but it will be withdrawn except in respect of the children of parents on social welfare payments or the family income supplement. Parents working and in receipt of low or middle incomes will experience considerable increases in child care costs in the middle of next year. Given the number affected, this will be a significant issue. What are the Government's plans to address it and will the Minister of State with responsibility for children abandon or change his plan to reduce the funding?

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised on either of these matters?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not sure whether legislation is promised, but I can reply to the Deputy if he wishes. At Waterford Wedgewood's AGM on 11 October, the company outlined that its sales were down by 9% due to the impact of the dollar exchange rate, which has since deteriorated further. That issue is not within the Government's control. The group announced that it was in final talks to place 50 million preference shares with a major international investor and a significant root and branch restructuring of the business. Enterprise Ireland has been in constant contact with the company to give every assistance possible.

Yesterday, the company spoke to its workers and stated that it would be seeking voluntary redundancies, which could mean a loss of up to 500 jobs during the next 18 months to two years. It is a disappointing development for the workers and their families. The Government is urging the agencies to be on alert to assist workers in finding alternative employment following the redundancies and extra skills training will be provided to those who need it.

Two years ago in Dungarvan, 300 workers were made redundant, but only approximately 20 of them are currently on the live register thanks to the co-operation of Government agencies. This shows what can be done with a proactive approach. Alternative employment was found for 280 people and every effort will be made to repeat that success in respect of the people who received yesterday's bad news.

This issue arises against a backdrop of significant job announcements in Waterford in the past five years. The latest development in the case of a major company so closely associated with the city and county is disappointing. It is trade-related and we must use the previous Dungarvan example to determine how to assist workers at this difficult time.

Deputy Gilmore referred to the child care subvention scheme for 2008-10, which arises from a timely review of the development of child care facilities since the Government first began providing significant funding in this necessary area. The scheme will provide child care services to disadvantaged parents at reduced fees. It is not a cutback, rather it will receive €157 million in the next three years, 16% more funding in 2008 than was allocated to the 2007 staffing grants. It is untrue to state that 10,000 child care places are at risk or that community child care facilities might be forced to close.

The scheme is part of an overall funding package for the next three years of more than €575 million under the national child care programme and it will create 50,000 child care places in addition to the 35,000 created under the previous scheme. Grant funding under the previous scheme was capped, but such is not the case under the new scheme. Subvention rates under the new scheme are €80 for people on welfare and €30 for people on FIS, with an additional supplement of €30 in the case of a baby place. All parents using these services will benefit from child care at a lower cost than is generally available.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We had a full debate on that yesterday evening. We cannot raise matters that are not appropriate to the Order of Business because we could ramble all day. We must insist on the items being in order.

Kathleen Lynch (Cork North Central, Labour)
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It is unresolved. It must be dealt with.

Eamon Gilmore (Dún Laoghaire, Labour)
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It will save time when it becomes a problem.

Joanna Tuffy (Dublin Mid West, Labour)
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Today's newspapers carry a report that alcohol consumption is rising. The strategic task force on alcohol proposed that legislation to reduce children's exposure to alcohol advertising, sponsorship and promotions be enacted without delay. In 2003 the Taoiseach promised that the Minister for Health and Children would shortly bring forward legislation to protect young people from exposure to alcohol marketing. At what stage is that legislation? I understand there was an alcohol products Bill which would require off-licences to label products. At what stage is that?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Legislation promised in this area relates to the alcohol products control of advertising, sponsorship and marketing practices-sales promotion Bill, which is designed to protect children and adolescents from over-exposure to alcohol advertising. The Minister has received the first report from the monitoring group established to oversee adherence to the voluntary codes. The Department and the Minister are considering the report and a decision on whether the legislation will be reactivated has not been made. I take the Deputy's point that alcohol abuse, as we see in that report, has long-term and short-term consequences for the health of the nation. It requires constant vigilance on our part to implement alcohol policies which lead to responsible drinking and avoid abuse. Unfortunately we have seen recently what many would regard as irresponsible behaviour from a cohort of people, particularly at weekends. Responsible Ministers in various areas will have to take the matter on board and respond more effectively.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to ask about two Bills under the Department of Education and Science for which the heads have not been agreed by Government. The education Ireland Bill is proposed to establish a body to regulate the provision of education services primarily in the field of language education and the teaching of English to non-English speaking visiting students. The George Mitchell Scholarship Fund Act 1998 amendment Bill is to amend the legislation to facilitate an increase in Ireland's contribution to the fund over the next five years. In each of theses cases publication is expected in 2008. Will the Minister indicate whether the heads of the Bills have been agreed in each case since the legislative programme was published in September? They do not strike me as being of major complexity. It would be interesting to note whether progress is being made towards publication in each of these cases.

Reflecting on the earlier point I raised, will the Minister for Enterprise, Trade and Employment address the House on the continual haemorrhage of real jobs in major towns around our country?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The latter question is not in order.

Brian Cowen (Laois-Offaly, Fianna Fail)
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In both cases the heads of the Bills have not been agreed. Preparatory work continues on both Bills and the expected publication date is next year. I will bring the Deputy's inquiry to the attention of the relevant Ministers and see how they can be expedited. It is a question of priority legislation taking precedence, but I take the point that they are both important Bills in their fields. The unfortunate announcement in Waterford yesterday is against the backdrop of significant job announcements in that city in recent years. A French pharmaceutical company, Servier, announced the creation of 155 jobs in 2006, and there are several others.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss that now.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is in the context of job creation in Waterford, although that is not of immediate consolation to those whose jobs are at risk. When there were similar losses at the Dungarvan plant there was a successful rate of return to the workforce for many of those skilled workers because of proactive efforts on the part of State agencies.

Richard Bruton (Dublin North Central, Fine Gael)
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It is predicted that housing completions next year will be half of this year's number. The Government's policy on housing for people in need had been dependent on a quota of private houses becoming available for social and affordable housing. Those targets are not being met. When will the social housing miscellaneous provisions Bill come forward for debate? This is an important issue. We will see a collapse in availability of social and affordable housing units next year while the waiting lists for them are growing. The House must try to anticipate the problems this will throw up and plan for them now.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Bill mentioned is designed to provide for a programme of social housing reforms aimed at improving services and their delivery, including strengthening local authority powers to deal with anti-social behaviour, expand the paths to home ownership for tenants and provide for the rental accommodation scheme. The heads of that Bill have been approved and the publication date is early 2008. The Minister of State at the Department of the Environment, Heritage and Local Government with responsibility for housing, Deputy Batt O'Keeffe, made a full statement on housing policy in the Seanad yesterday evening. I commend it to Members for the continuing significant investment he indicates for social and affordable housing in the coming months and years.

Bernard Durkan (Kildare North, Fine Gael)
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In view of the recent sad loss of Shannon Airport's Heathrow landing slots, when is it intended to introduce the new aviation commission, lest there be further losses in that area? It is promised legislation and it could be fortuitous to bring it into the House as soon as possible.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The aviation regulation Bill is intended to provide for the separation of the safety regulation role of the Irish Aviation Authority and the establishment of a new aviation commission. It is not germane to the issue the Deputy raised but its publication date is next year.

Bernard Durkan (Kildare North, Fine Gael)
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It could be related to safety. It is a belt and braces job.

Ciarán Lynch (Cork South Central, Labour)
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In the programme for Government there is a recommendation that an all-party committee on property rights be established. When is it intended that committee will be set up? Will the private residential tenancy board be considered under the Bill that is due to come before the House next March? A loophole in the legislation allows landlords to opt out of registering with the PRTB by declaring themselves as licensees. This practice is widespread throughout the country. Will the housing miscellaneous provisions Bill close that loophole?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not have the answer to the Deputy's second question but I will make inquiries from the Department and have them communicated directly to him. A previous committee made recommendations on the first matter and it could go on the agenda of the All-Party Committee on the Constitution, which was established under new arrangements.

Tommy Broughan (Dublin North East, Labour)
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Further to Deputy Durkan's question, is legislation on Shannon and Cork airports planned? On the long-promised package for Shannon Airport, €53 million was advocated earlier in the summer for route promotion and so on. Will the Tánaiste make an announcement on that before or in the budget?

In many parts of this and other cities throughout the country householders had a terrible time last night. The fireworks legislation introduced by the Tánaiste's former colleague, former Deputy Michael McDowell, was of some benefit but there was still a good deal of irresponsibility on the part of businesses. Many households endured a terrifying night with fires lit beside their back or front gardens. There was mayhem. When I travelled through my constituency around midnight I saw the impact of this. Perhaps the Minister, Deputy Ó Cuív, could be given a role in this regard, although I am not sure what that Minister actually does——

Eamon Gilmore (Dún Laoghaire, Labour)
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The Minister for Hallowe'en.

Bernard Durkan (Kildare North, Fine Gael)
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Guy Fawkes.

Tommy Broughan (Dublin North East, Labour)
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Perhaps he could be the Minister for Hallowe'en. Nobody takes responsibility for it.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Broughan is out of order, as he well knows.

Tommy Broughan (Dublin North East, Labour)
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Last night many people were terrorised——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must find another way to raise the issue.

Tommy Broughan (Dublin North East, Labour)
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The Tánaiste understands this as it probably happened in his home town. What can we do about it?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Was the Deputy going around Dublin North-East wearing a black cape?

Michael D Higgins (Galway West, Labour)
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The Tánaiste always wears a long black coat.

Michael Ring (Mayo, Fine Gael)
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If I had my way I would have sent out Willie O'Dea.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I commend the Deputy on his assiduous attention to his constituency, even at that hour of the night. It is obviously a competitive constituency.

Tommy Broughan (Dublin North East, Labour)
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It is a big constituency.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Fortunately, no legislation has been promised on Hallowe'en, nor was legislation required or promised with regard to the separation of the airports. The Deputy mentioned the group from that region who spoke about an allocation of €53 million for route promotion. That was a recommendation from a group in that area, not a Government commitment.

Jan O'Sullivan (Limerick East, Labour)
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It was a promise from a former Minister.

Brian Cowen (Laois-Offaly, Fianna Fail)
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There is obviously an economic and tourism package being dealt with and the reference to €53 million comes from that.

James Bannon (Longford-Westmeath, Fine Gael)
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In light of a report in The Irish Times today about a grieving mother who could not understand why an off-duty garda was not tested at the scene of an accident, when will legislation be introduced to deal with mandatory alcohol testing at the scene of an accident? Will several accidents be required to compel the Government to take action?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Legislation on mandatory breath testing is due to be introduced next year.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It is a year since legislation was introduced to establish a legal services ombudsman. The Bill was referred by the House last year to a committee. There are indications by the Government that the Bill is parked indefinitely so there is a degree of uncertainty about the matter. Will the Minister confirm that the legislation will be dealt with at the earliest opportunity, having regard to the urgency of the matter?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand it will be dealt with in this session.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Will it be passed in this session?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It will be published in this session.

Charles Flanagan (Laois-Offaly, Fine Gael)
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This is the difficulty. I accept that the general election intervened but this legislation has already been published. It appears to be in limbo rather than sent to a committee. Can this be clarified? It was included on yesterday's Order Paper as a live Bill, as it were, but there appears to be uncertainty on the part of the Government about its status. The difficulty is that I do not believe the Government has the will to proceed with it. It was introduced by the former Minister, former Deputy Michael McDowell, but has been parked in a way that causes uncertainty. Will the Tánaiste clarify if it is the Government's intention to proceed with the legislation to provide for the appointment of a legal services ombudsman, having regard to current difficulties in this area?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is probably best to ask the Minister for Justice, Equality and Law Reform who took office following the election what priority it has. I will ask the Minister to communicate with the Deputy.

James Reilly (Dublin North, Fine Gael)
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Will the Minister use the opportunity of the budget to correct the current disgraceful low income threshold for medical cards, which is just above half of the minimum wage?

John O'Donoghue (Kerry South, Ceann Comhairle)
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There is no legislation promised in that area. I call Deputy Penrose.

Bernard Durkan (Kildare North, Fine Gael)
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It is disgraceful.

Willie Penrose (Longford-Westmeath, Labour)
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The Tánaiste will be acutely aware that the Company Law Act was passed in 1963 and that 13 further Acts were passed pertaining to company law. When is it envisaged that a company law consolidation Bill to amalgamate the Company Law Acts will be introduced? This would make the law in this area more clear for directors, shareholders and, importantly, the general public.

Brian Cowen (Laois-Offaly, Fianna Fail)
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That important legislation will be introduced next year. Indeed, I recall that the last committee to deal with this some years ago included the late Deputy Cluskey and former Deputy John Bruton.