Dáil debates
Tuesday, 24 June 2008
Order of Business
4:00 pm
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 3, Prison Development (Confirmation of Resolutions) Bill 2008 — Order for Second Stage, Second and Subsequent Stages; No. 19, Nuclear Test Ban Bill 2006 — Order for Report, Report and Final Stages; and No. 4, Intoxicating Liquor Bill 2008 — Order for Second Stage and Second Stage.
It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; the proceedings on the Second Stage of No. 3 shall, if not previously concluded, be brought to a conclusion at 6.40 p.m., the opening speeches of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and the proceedings on the Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 7 p.m. 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 Justice, Equality and Law Reform.
Private Members' business shall be No. 5, Victims Rights' Bill 2008 — Order for Second Stage and Second Stage, and shall be taken for 90 minutes at 7 p.m. or on the conclusion of No. 3, whichever is the later, and the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 25 June 2008.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed? Agreed. Is the proposal for dealing with No. 3 agreed? Agreed. Is the proposal for dealing with Private Members' business agreed? Agreed.
Enda Kenny (Mayo, Fine Gael)
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The Government has sought consensus on a range of matters which have arisen such as cancer issues. The Victims' Rights Bill promoted by Deputies Shatter and Charles Flanagan has a broad measure of support and is an area in which the previous Minister for Justice, Equality and Law Reform had a real interest. It is now the subject of division with the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern. The Government received the consensus it sought during the past two and a half months with regard to the Lisbon treaty. Could the Government state the basis and fundamentals of the Victims' Rights Bill are broadly in line with what it proposed itself, accept the Bill and amend it on Committee Stage? As the Government sought consensus from the Opposition parties it might be appropriate for it to show consensus itself.
When will we see a package on Dáil reform from the Government Whip? This has gone on for five or six years. The Government has received recommendations from Fine Gael, the Labour Party and both parties combined. It has received recommendations from the former Chief Whip, Deputy Tom Kitt. This is clearly ineffectual. When does the Chief Whip, Deputy Pat Carey, propose to table his proposals for Dáil reform?
An issue which clearly showed up during the campaign on the Lisbon treaty was the implementation of legislation and directives by Irish officials across a myriad of areas. As the Taoiseach knows, this caused people to vote "No" for reasons which had nothing to do with the treaty. Does the Taoiseach intend to carry out a trawl of the transposition of European directives into Irish law and how their implementation affects people here? To retain the essence of a directive but showing flexibility where it can be shown would demonstrate the Government in some sense understands the frustration of people across an extremely broad range of sectors with how it is done.
Does the Taoiseach have an update on the fair deal with regard to long-stay institutions? On a number of occasions, Deputy Reilly asked the Taoiseach what intentions he has to introduce measures in its place in the interim period if it will not see the light of day prior to the end of this year.
Brian Cowen (Laois-Offaly, Fianna Fail)
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We try to achieve consensus on matters on which we can agree. We debate matters on which we cannot agree and sometimes the House divides. The issue with regard to Private Members' business will be debated this evening and I am not sure as to the possibility of avoiding a vote. It will not stop us having the debate or people articulating their views.
The Bill on nursing homes will not be published this side of the recess. The best I can state is that it will be during the course of the break.
Brian Cowen (Laois-Offaly, Fianna Fail)
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We need to find a new legal basis on which to organise it. It cannot be simply done without changing the legal basis of the current arrangements. We need legislation and I do not see a way around that. I do not see an interim arrangement other than legislation that meets the requirements of the situation.
With regard to the transposition of directives and regulations, there are many issues about which we all heard during the campaign, some of which were not germane to the treaty. We must analyse the result and take into account all considerations to see what we can do to assist people at home and elsewhere in reducing their anxiety, concerns or perceptions about the implementation of directives. In most cases, they are transposed and the principles of proportionality and subsidiarity apply. We can examine specific issues that came up to see if there is room to manoeuvre other than what we have been able to establish so far. There is not in many cases but we need to try to be practical in the application of some directives.
Discussions on Dáil reform are ongoing. The Government Chief Whip is only six weeks in office and I am sure he will take on board many of the proposals made previously to see if progress can be made.
Eamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise four matters. The first arises from the Taoiseach's reply to Deputy Kenny. I understood him to say the nursing homes legislation would not be introduced until later in the year at the earliest. Where does that leave all the families who have made plans on the basis that the new legislation would come into effect and who are now caught in a situation where some nursing homes have increased their charges in anticipation of the legislation and families have made plans? Will a Supplementary Estimate be introduced by the Department of Health and Children to address the issue?
Second, the heads of the civil partnership Bill have been posted on the Department of Justice, Equality and Law Reform's website. I welcome that but we must study them. Will the Taoiseach confirm the commitment given by the Minister for Defence on "Questions and Answers" last night that the Bill will be published within the next three weeks?
Third, when will the Government introduce legislation to regulate management companies for private housing estates and private apartments?
Fourth, will the Government introduce legislation to amend the Youth Work Act 2001 arising from the decision to transfer responsibility for youth services from the Department of Education and Science to the Department of Health and Children following the appointment of my constituency colleague, Deputy Barry Andrews, as Minister with responsibility for children? When will it be published?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I will take the last question first. I am not aware of legislative consequences in respect of this transfer. I will have to check it out and come back to the Deputy. To my knowledge, the Department of Finance has not received a request for a Supplementary Estimate.
The civil partnership issue was discussed at Cabinet earlier and proposals have been published. I will have to check with the Minister about when the Bill will be published.
Eamon Gilmore (Dún Laoghaire, Labour)
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Is that the Minister for Justice, Equality and Law Reform or Defence?
Brian Cowen (Laois-Offaly, Fianna Fail)
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The Minister for Justice, Equality and Law Reform is the line Minister.
Willie O'Dea (Limerick East, Fianna Fail)
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The Department of Justice, Equality and Law Reform is the sponsoring Department.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Minister for Defence knows when it will be published.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The management company Bill will not be published before the end of the session.
Emmet Stagg
Arthur Morgan (Louth, Sinn Fein)
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Legislation relating to basic protection of employment rights was promised four years ago and it is still urgently required. The trade union movement is pressing for it. I refer to the Employment Rights Compliance Bill, which was published in March. Will it before the House during this session?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It will not be with us this term.
Bernard Durkan (Kildare North, Fine Gael)
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Apropos of the matter discussed earlier, what steps are being taken to address the issue of competitiveness in the economy? It is difficult to find legislation relating to competitiveness or investment but I refer to the collective investment schemes consolidation Bill, which could provide the House with an opportunity to discuss the issue.
As of today, on the basis of advertisements in newspapers and on radio, persons who have more than one repeat provisional licence will be put off the road. I did not hear a qualification of that to the effect that persons who are carers and providing an essential service——
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not relevant to the Order of Business.
Bernard Durkan (Kildare North, Fine Gael)
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There is legislation on this subject.
Bernard Durkan (Kildare North, Fine Gael)
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Persons who are cared for——
John O'Donoghue (Kerry South, Ceann Comhairle)
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No legislation is promised in this area.
Bernard Durkan (Kildare North, Fine Gael)
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——and who are dependent almost entirely for their daily well-being on the graciousness of somebody who is driving on a provisional licence——
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is out of order.
Bernard Durkan (Kildare North, Fine Gael)
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Perhaps the Taoiseach could clarify this issue in the context of the road traffic Bill, which covers other issues but which could address this.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The road traffic Bill will be taken later this year. There is no date for the collective investment schemes consolidation Bill.
Bernard Durkan (Kildare North, Fine Gael)
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No word about the poor, unfortunate carers.
James Bannon (Longford-Westmeath, Fine Gael)
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Given the valuable role the VEC plays as the only fully funded State second level education provider, there is no justification for the delay in bringing forward the education (patronage) Bill, which would allow it to expand its role into the primary sector. When will the Bill come before the House?
Brian Cowen (Laois-Offaly, Fianna Fail)
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The earliest we will have that is late this year.
Joan Burton (Dublin West, Labour)
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The Government has agreed to a debate on the national development plan, NDP, during the week for which the session has been extended. Will the Department of Finance or the Government make arrangements to provide Opposition parties and spokespersons with information about where the NDP is at? I do not know whether the Whips have had an opportunity to discuss this but it is a complete waste of time to come into the House for a generalised discussion without information. For instance, many Department of Finance officials are saying metro north will be dumped in the review of the NDP.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now.
Joan Burton (Dublin West, Labour)
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If we are to have a serious debate that is not a joke, can we have, for instance, a briefing by the Department of Finance for Opposition spokespersons regarding where the plan is at? The Taoiseach is asking us to give indications about his performance. How can we do that if we have no information?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not agree there is no information regarding the NDP.
Joan Burton (Dublin West, Labour)
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The information is almost meaningless.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I do not agree. The annual report on the NDP was published in the past few weeks.
Joan Burton (Dublin West, Labour)
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The Taoiseach acknowledged earlier that the financial situation had changed dramatically. The report published a few weeks ago does not address the issues of the changes in funding and, in particular, whether certain projects in the plan are "must dos" and priorities or whether a number of them have a longer range label on them.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can only ask about the briefing and the arrangements for a debate. She cannot go into a detailed discussion on it.
Joan Burton (Dublin West, Labour)
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We need an indication, otherwise it is a joke coming into the House without those statements.
Billy Timmins (Wicklow, Fine Gael)
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The Taoiseach will be aware of the deteriorating situation in Zimbabwe.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is not a hope the Deputy can raise that.
Billy Timmins (Wicklow, Fine Gael)
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Is there anything the Government can do to assist in addressing the difficulties there or——
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a debate now. I cannot set a precedent like that.
Billy Timmins (Wicklow, Fine Gael)
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It is frustrating. In fariness to the Government, it provided time for statements.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to find another way to raise the issue.
Joanna Tuffy (Dublin Mid West, Labour)
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My question is related to the issue raised by Deputy Kenny earlier. Last week I checked the number of Bills passed this year. While this may have changed since last week, my information is that six Bills have been passed this year. Approximately 50 were passed annually between 1999 and 2007. The end of this year's second session is close with only one remaining. If the House is not seen to be legislating, is it any wonder the public is insecure about powers going to Europe?
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a discussion on this matter now.
Joanna Tuffy (Dublin Mid West, Labour)
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What will the Taoiseach do in terms of drafting to ensure the House legislates?
Micheál Martin (Cork South Central, Fianna Fail)
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We do not want over-regulation.
Joanna Tuffy (Dublin Mid West, Labour)
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The people must know that we are exercising our powers.
Billy Timmins (Wicklow, Fine Gael)
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Did the Minister get a response to the statement?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Tuffy is beguiling.
5:00 pm
James Reilly (Dublin North, Fine Gael)
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I wish to raise two issues. Regarding the fair deal, Deputy Kenny asked whether the Taoiseach would put a temporary measure in place. The Taoiseach indicated that would require legislation, but it does not. At the Joint Committee on Health and Children, the Minister for Health and Children indicated the subvention could be increased without legislation being enacted. For those in financial difficulty, the cost of nursing home care is important. Is it the Taoiseach's intention to yield to the HSE, which has planned to increase subventions for people in nursing homes, a welcome temporary relief, instead of allowing the money to be subsumed across the board?
John O'Donoghue (Kerry South, Ceann Comhairle)
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This matter cannot be discussed.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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The question relates to Supplementary Estimates.
James Reilly (Dublin North, Fine Gael)
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Under other pending legislation, it was stated at last week's meeting of the Committee of Public Accounts that forthcoming claims relating to the MRSA epidemic in our hospitals could amount to €500 million. HIQA has issued a report in this regard.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Deputy have questions on legislation? We are on the Order of Business.
John O'Donoghue (Kerry South, Ceann Comhairle)
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It is coming a long time.
James Reilly (Dublin North, Fine Gael)
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Will the forthcoming HIQA legislation give HIQA teeth to enforce its recommendations on hygiene in hospitals?
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot deal with the content of legislation. The Deputy can ask when the legislation is forthcoming.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I must speak with the Minister to determine when the legislation will be before the House.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With obvious deferrals of planned investment in areas covering people with disabilities, the elderly and children and cutbacks already biting, what——
John O'Donoghue (Kerry South, Ceann Comhairle)
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What is the legislation in question?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——efforts are the Taoiseach and his colleagues making to introduce the eligibility for health and personal social services Bill?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It will be published next year.
Mary Upton (Dublin South Central, Labour)
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This afternoon in my constituency, there was a drive-by shooting.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that issue.
Mary Upton (Dublin South Central, Labour)
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What plans are in place? A woman was seriously injured and the incident was damaging to the community. The majority of its members are law-abiding. Are plans in place to control the criminal gangs to ensure they do not have access to firearms?
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss this.
Mary Upton (Dublin South Central, Labour)
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Will the Taoiseach review the local police forum to ensure it can address such issues?
Bernard Durkan (Kildare North, Fine Gael)
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It is an important issue.
Mary Upton (Dublin South Central, Labour)
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My question was on promised legislation, the Criminal Justice (Miscellaneous Provisions) Bill.
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is hoped to have that legislation before the House so that these issues can be discussed further.
Pádraic McCormack (Galway West, Fine Gael)
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It should be done before the next trigger is pulled.
Olivia Mitchell (Dublin South, Fine Gael)
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In recent months, three private bus operators in my constituency went out of business.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss private bus operators.
Olivia Mitchell (Dublin South, Fine Gael)
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Circle Line, the most recent of the three, went out of business as a result of Government policy, the bureaucracy of the licensing system——
John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Deputy have a question?
Olivia Mitchell (Dublin South, Fine Gael)
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——the blatantly anti-competitive practices of the State provider and the system of providing grants and subsidies to the State provider but not private operators. When will legislation provide a level playing field and a decent bus service in Dublin?
John O'Donoghue (Kerry South, Ceann Comhairle)
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What is the legislation?
Olivia Mitchell (Dublin South, Fine Gael)
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It has been promised for years.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised?
Olivia Mitchell (Dublin South, Fine Gael)
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I am referring to the Road Transport Act 1932.
Brian Cowen (Laois-Offaly, Fianna Fail)
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It will be published after the Dublin Transport Authority Bill has been passed.
Charles Flanagan (Laois-Offaly, Fine Gael)
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Regarding the conclusion of the debate on No. 3, the Prison Development (Confirmation of Resolutions) Bill 2008, on today's Order Paper, it is clear the word processor in the Chief Whip's office has been geared up for the sharpening of the guillotine.
Concerning No. 4, will the Taoiseach inquire of his Chief Whip whether sufficient time will be available? Some 40 Fine Gael Deputies behind me are anxious to speak on the Intoxicating Liquor Bill 2008. Will the Taoiseach assure the House that adequate time will be made available to deal with this important measure instead of subjecting it to a guillotine on Second or Committee Stage, which the Government is anxious to take before the end of the session? In the context of co-operation, no all-party consensus will be forthcoming due to the behaviour of the Minister for Justice, Equality and Law Reform since occupying his position six weeks ago.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss this matter now.
Charles Flanagan (Laois-Offaly, Fine Gael)
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It is on the Order of Business.
Charles Flanagan (Laois-Offaly, Fine Gael)
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Each Deputy who wishes to speak on legislation should be entitled to do so.
Brian Cowen (Laois-Offaly, Fianna Fail)
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Every effort will be made to accommodate as many Deputies as possible on Second Stage. Time will be available this evening, tomorrow and Thursday. Everyone will have ample opportunity to give his or her basic opinions.
Tommy Broughan (Dublin North East, Labour)
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Last October, the House was promised the graduated driver licensing Bill within a few months. Deputy Durkan attempted to raise this matter earlier. While next Monday will be a famous anniversary for the Minister for Transport, the Bill will still not be available. What happened to it?
Would it be possible to include a small section on licensing in the Dublin Transport Authority Bill, which will be on the floor next week? This matter is driving all of the bus companies crazy, including Dublin Bus and Bus Éireann.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The issue was dealt with by way of regulation.
Noel DempseyBrian Cowen (Laois-Offaly, Fianna Fail)
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There is no need for such a Bill.
Joe McHugh (Donegal North East, Fine Gael)
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When is it envisaged to introduce a pro-active job creation element in the merchant shipping Bill? It would provide an opportunity to retrain redundant fishermen, namely, deck hands, skippers and first mates, as officers of the watch. I am offering advice on how to retrain fishermen who are lying about their houses to work for oil companies or merchant cargo ships or to become officers of the watch.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot discuss people lying about at home.
Joe McHugh (Donegal North East, Fine Gael)
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The Taoiseach is about to rise to answer.
Pádraic McCormack (Galway West, Fine Gael)
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He is about to rise to debate.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I am always anxious to accommodate Deputy McHugh. The Bill will be published later this year.
Joe McHugh (Donegal North East, Fine Gael)
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Will the Taoiseach consider the retraining element?
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I must be in the Ceann Comhairle's blind spot. Both of my questions are in order. Given the Minister for Health and Children's comments last week, a Supplementary Estimate will address the issue raised by Deputy Reilly. Will the Taoiseach confirm this?
On promised legislation, four months have passed since the closing date for sports capital grants applications. When will the grants be announced?
John O'Donoghue (Kerry South, Ceann Comhairle)
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That question is not in order.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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In the context of the public health miscellaneous provisions Bill, will provision be made in the grant aid to ensure all sports groups have defibrillators?
Brian Cowen (Laois-Offaly, Fianna Fail)
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We do not have a publication date for the public health Bill.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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What of the Supplementary Estimate?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I must check with the Minister, as I do not know.