Dáil debates
Tuesday, 25 November 2008
Order of Business
2:35 pm
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 8, motion re proposed approval by Dáil Ãireann of the Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Turkey) Order 2008, back from committee; No. 9, motion re proposed approval by Dáil Ãireann of the Double Taxation Relief (Taxes on Income) (Malta) Order 2008, back from committee; No. 10, motion re leave to introduce Supplementary Estimates, Votes 19, 20, 21, 22, 26, 27, 32, 37, 38, 40 and 41; No. 11, motion re referral of Supplementary Estimates, Votes 19, 20, 21, 22, 26, 27, 32, 37, 38, 40 and 41; No. 12, motion re referral to joint committee of proposed approval by Dáil Ãireann of a Council Framework Decision amending Framework Decision 2002/475/JHA on combating terrorism; No. 13, motion re referral to joint committee of Criminal Justice (Drug Trafficking) Act 1996; No.14, motion re referral to joint committee of proposed approval by Dáil Ãireann of the Council Decision on the strengthening of Eurojust amending Council Decision 2002/187/JHA; No. 15, motion re orders of reference of committee; and No. 2, Finance (No. 2) Bill 2008 â 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.; and Nos. 8, 9, 10, 12, 13, 14, 15 and subject to the agreement of No. 10, No. 11, referral to select committee, shall be decided without debate and any divisions demanded on Nos. 10 and 11 shall be taken forthwith. Private Members' business shall be No. 57, motion re small and medium enterprises.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal that the Dáil sit later than 8.30 p.m. agreed to?
Eamon Gilmore (Dún Laoghaire, Labour)
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The Labour Party will not agree to any proposal on the Order of Business today until we have an assurance from the Taoiseach that the manner of dealing with the Combat Poverty Agency will be changed. The Minister for Finance announced in his Budget Statement that the Combat Poverty Agency was one of a number of State agencies to be wound up or amalgamated. Since then I have asked on a number of occasions on the Order of Business the legislative provision that would be made for that, whether all of these agencies would be done by separate legislation or a single piece of legislation, and I got various answers. On Friday evening, the Minister for Social and Family Affairs circulated a set of amendments in which she is proposing to add an additional Part to the normal Social Welfare Bill, and that is a Part to dissolve the Combat Poverty Agency.
This agency was established by the late Frank Cluskey. Its purpose was to provide an independent body to deal with issues of poverty and advise government on them. This Government has travelled a long way from Inchydoney in that the first State body it wants to get its thumb into is the body dealing with the issue of poverty. I am extremely disappointed at the cowardly and sneaky wayââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot debate the matter now.
Eamon Gilmore (Dún Laoghaire, Labour)
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ââit is being done. I want the Taoiseach to give an assurance that it will be withdrawn from the Social Welfare Bill. It can be brought into this House, if he or the Minister for Social and Family Affairs wants to do so, and debated as separate legislation.
It is interesting that the amendments circulated by the Minister for Social and Family Affairs provide for the transfer of everything â staff, resources, money and property â except the functions of the agency.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot debate that now.
Eamon Gilmore (Dún Laoghaire, Labour)
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It is neutering the agency but making no savings for the public purse in doing so.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy à Caoláin.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to speak to the second matter.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Enright on the first matter.
Olwyn Enright (Laois-Offaly, Fine Gael)
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I agree with Deputy Gilmore's comments about the Combat Poverty Agency. The Minister for Social and Family Affairs was aware, at least within two days of the Social Welfare Bill being published, that she intended to bring forward these amendments on Committee Stage. It would have been far better if we had at least had the opportunity to discuss it on Second Stage but, in any event, I disagree with what the Government is attempting to do in abolishing the Combat Poverty Agency. It is wrong to do it in this manner that has not allowed for adequate or proper discussion. When we consider what has been done in terms of this agency, the Irish Human Rights Commission and the Equality Authorityââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot debate that now.
Olwyn Enright (Laois-Offaly, Fine Gael)
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ââit is the agencies that have the ability to criticise the Government that are being affected.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I reject the contentions made by both Opposition Deputies on this matter. The functions conducted by the Combat Poverty Agency are held by the Minister for Social and Family Affairs. The question of them being incorporated into the office for social inclusion is logical in the circumstances. The amendment that has been put down enables a full discussion to take place during the debate on the Social Welfare Bill. The fact that an amendment was not adverted to on Second Stage did not preclude any Member from speaking on Second Stage about the public announcement that the Combat Poverty Agency would be incorporated into the office for social inclusion. There is nothing underhand in bringing forward an amendment to a social welfare Bill that enables a full debate in this House.
Eamon Gilmore (Dún Laoghaire, Labour)
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It is very disappointing.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I would not accept the contentions made by the Deputy on that basis.
The Dail Divided:
For the motion: 68 (Dermot Ahern, Michael Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, Bobby Aylward, Niall Blaney, Áine Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Niall Collins, Margaret Conlon, Seán Connick, Mary Coughlan, Brian Cowen, John Cregan, Martin Cullen, John Curran, Noel Dempsey, Timmy Dooley, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Pat Gallagher, Paul Gogarty, John Gormley, Mary Hanafin, Mary Harney, Seán Haughey, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Tony Killeen, Séamus Kirk, Michael Kitt, Tom Kitt, Michael Lowry, Martin Mansergh, Micheál Martin, Tom McEllistrim, Michael McGrath, John McGuinness, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, Willie O'Dea, Rory O'Hanlon, Batt O'Keeffe, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Seán Power, Eamon Ryan, Eamon Scanlon, Brendan Smith, Noel Treacy, Mary White, Michael Woods)
Against the motion: 65 (James Bannon, Seán Barrett, Tommy Broughan, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Paul Connaughton, Noel Coonan, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, Jim O'Keeffe, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Willie Penrose, Ruairi Quinn, Pat Rabbitte, James Reilly, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton, Leo Varadkar)
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is the proposal for dealing with Nos. 8 to 15, inclusive, agreed to?
Enda Kenny (Mayo, Fine Gael)
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I have been examining the list of Supplementary Estimates. On Vote 26 under Education and Science it says excesses which occurred in a number of services, including national teachers salaries and grants to VECs, are offset by savings on schools information and communications technology, the second and third level capital and the strategic innovation fund. The programme laid out for IT for schools is not being followed through.
In the Health and Children Estimate, Vote 40, there is the High Court ruling on the Hickey's Pharmacies case, where the Minister for Health and Children was advised that there was another way of making serious savings on drugs and drug repayments. That will cost â¬32 million in 2008 when a different course of action would have meant that case might not have had to be taken.
There is a range of other matters relevant to justice and the Garda SÃochána Vote which need to be discussed regarding getting real value for money as distinct from the statements made by the Government at the outset. On that basis I oppose the Supplementary Estimates going through without debate. They should be debated here as we should be able to address the many issues that arise.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I oppose the proposal to take all these matters without debate. With respect, the Government has some neck to expect this House to pass a proposition without debate in this House to vote additional moneys to the HSE.
Seán Power (Kildare South, Fianna Fail)
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That is coming from a right one.
5:00 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Meanwhile we see a serious contraction of services across this State, not least in the north east area about which the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, should be very concerned, with the loss of all elective orthopaedic work between now and 2009. We see the continual erosion of services at Monaghan General Hospital and other hospitals. We see the reduction in home help hours.
All these matters should be debated in this House. This proposal to refer to the select committee regarding the specific areas for additional funding will also come back here, and the proposition will be to accept the report of the committee without debate. That is what is wrong with the system of health care provision in this State. This House has no real opportunity to properly debate the scandal that is the HSE's management and oversight of health care. The referral should not take place without debate. We should have a full and proper debate on this Supplementary Estimate on the floor of the House.
Eamon Gilmore (Dún Laoghaire, Labour)
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I concur with Deputies Kenny and à Caoláin. During these new times in which we find ourselves, the House should debate the Estimates from the various Departments in plenary session.
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to refer these Supplementary Estimates to select committees in the normal way.
Paul Kehoe (Wexford, Fine Gael)
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They are being referred in different circumstances.
Brian Cowen (Laois-Offaly, Fianna Fail)
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This referral gives the various committees a great opportunity to discuss these issues in detail with the relevant Ministers. In fact, it would be a far more effective debate than if it was in plenary session.
The Dail Divided:
For the motion: 70 (Dermot Ahern, Michael Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, Bobby Aylward, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Niall Collins, Margaret Conlon, Seán Connick, Brian Cowen, John Cregan, Martin Cullen, John Curran, Noel Dempsey, Timmy Dooley, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Pat Gallagher, Paul Gogarty, John Gormley, Mary Hanafin, Mary Harney, Seán Haughey, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Tony Killeen, Séamus Kirk, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Michael Lowry, Tom McEllistrim, Michael McGrath, John McGuinness, Martin Mansergh, Micheál Martin, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, Willie O'Dea, Rory O'Hanlon, Batt O'Keeffe, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Seán Power, Eamon Ryan, Eamon Scanlon, Brendan Smith, Noel Treacy, Mary Wallace, Mary White, Michael Woods)
Against the motion: 66 (Bernard Allen, James Bannon, Seán Barrett, Tommy Broughan, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Paul Connaughton, Noel Coonan, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, Jim O'Keeffe, John O'Mahony, Brian O'Shea, Jan O'Sullivan, Willie Penrose, Ruairi Quinn, Pat Rabbitte, James Reilly, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton, Leo Varadkar)
Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.
Question declared carried.
Joan Burton (Dublin West, Labour)
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When does the Taoiseach propose to introduce the Bill to take medical cards from people over the age of 70? He indicated that the measure would require legislation. I presume the approach that was taken in the case of the Combat Poverty Agency legislation, which was sneaked in, will not be adopted in this instance. When will the medical cards Bill come before the House?
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is due in this session. I cannot be any more specific.
Joanna Tuffy (Dublin Mid West, Labour)
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A couple of weeks agoââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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I ask the Members in the lobbies to continue with their journeys.
Joanna Tuffy (Dublin Mid West, Labour)
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ââI asked the Taoiseach whether the Government planned to implement the Kenny report, in line with the main recommendation in the All-Party Committee on the Constitution's report on property rights. This morning, I received a letter from the Minister, Deputy Gormley, in response to the question I asked in this House. I understand from the letter that there are no plans to introduce legislation to implement the Kenny report. The Minister pointed out in the letter that a range of mechanisms is already in place under the Planning and Development Act 2000 to secure planning gain for local authorities and communities when planning decisions are made. That is a major U-turn by the Government. When Deputy Bertie Ahern was Taoiseach, he set up the committee to tackle the issue of alleged land speculation. As part of its policy in opposition, the Green Party said it would implement the Kenny report.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should ask a question.
Joanna Tuffy (Dublin Mid West, Labour)
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In light of the mess we are in because of unrestrained land speculation, does the Taoiseach propose to implement the Kenny report and deal with the issue of land speculation for once and for all?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised on foot of the Kenny report?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware that it is promised.
Bernard Durkan (Kildare North, Fine Gael)
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It has come to my notice that a number of banks and building societies are highlighting a clause in mortgage protection policies to the effect that they are only valid for a year after the main earner falls ill or loses his or her job. Since it is promised to transfer responsibility for this from the Department of the Environment, Heritage and Local Government to the Department of Finance in the financial services (miscellaneous provisions) Bill, could the Taoiseach bring the legislation to the House more urgently than has been suggested to date to bring about a scenario where banks and building societies are prevented from repossessing houses in those circumstances? The Minister for Finance knows what I am talking about.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand it is due next year.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I did not say "early".
Bernard Durkan (Kildare North, Fine Gael)
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On promised legislation, I noticed the resolute manner in which the Minister for Justice, Equality and Law Reform proposes to deal with beggars. While begging is a nuisance, I am not certain it requires the rapid response the Minister proposes.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can discuss that when the Bill comes before us.
Bernard Durkan (Kildare North, Fine Gael)
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He proposes to put beggars in prison and I presume he has referred to the Vagrancy Act. I refer to the introduction of the criminal justice (amendment) Bill, which could be brought before the House to put real criminals in prison where they belong.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The criminal justice (public order) (amendment) Bill is due next year.
Bernard Durkan (Kildare North, Fine Gael)
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I referred to No. 64, the criminal justice (amendment) Bill, which gives effect to certain provision of the UN Convention Against Transnational Organized Crime.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that will also be next year.
Bernard Durkan (Kildare North, Fine Gael)
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Next year for everything.
James Reilly (Dublin North, Fine Gael)
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I refer to No. 54, eligibility for health and personal social services Bill. The income threshold for medical cards has not increased for years outside of the consumer price index and it is causing hardship for people. When will the Bill be introduced? Is it intended to review it?
The Taoiseach, the Minister for Health and Children and the Minister for the Environment, Heritage and Local Government will be aware of the growth of Rasta and hemp shops, which are selling pills and various mind altering substances that are not legislated for. Has the Minister for Health and Children plans with the Irish Medicines Board to outlaw these shops? Has the Minister for the Environment, Heritage and Local Government plans to introduce planning laws to restrict the setting up of shops to sell these products?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in the latter area?
John O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised on the previous issue?
Brian Cowen (Laois-Offaly, Fianna Fail)
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There are proposals to be submitted to Government next year on the matter but it seems to be at a preliminary stage.
James Bannon (Longford-Westmeath, Fine Gael)
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Given the confusion caused to the publicââ
John O'Donoghue (Kerry South, Ceann Comhairle)
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There is no need for prologues.
James Bannon (Longford-Westmeath, Fine Gael)
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ââby repeated Government misinformation in the health area, when can we expect the publication of the health information Bill?
Brian Cowen (Laois-Offaly, Fianna Fail)
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There is no date for that legislation.
Jan O'Sullivan (Limerick East, Labour)
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Will the adoption Bill be published before Christmas?
Brian Cowen (Laois-Offaly, Fianna Fail)
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That was the intention but I cannot confirm it with certainty.
Jan O'Sullivan (Limerick East, Labour)
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Is it not supposed to be this session?
Brian Cowen (Laois-Offaly, Fianna Fail)
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Yes, it was expected but I cannot assure the Deputy that will be the case.