Dáil debates

Thursday, 5 February 2009

10:30 am

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. a11, motion re expenditure measures for the stabilisation of the public finances (resumed) and No. 4, Employment Law Compliance Bill 2008 — Order for Second Stage and Second Stage.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Yesterday the Taoiseach sent out a message of despair to this country when he predicted unemployment would be 400,000 by the end of the year. Can the Tánaiste indicate what changes in legislation dealing with PRSI employer incentives and changes in work practices does the Government intend to introduce to show some leadership and show it is walking up to the line to help the people who are now unemployed and those who will become unemployed?

Does the Tánaiste accept that as the Minister responsible her strategy for creating employment and protecting and sustaining it——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny cannot go into that now.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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——has failed?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I am not going to be ruled out of order by some regulation here when more than 300,000 people in the country are out of work. I am asking the Tánaiste, who has responsibility in this area, to explain to this House——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The rules can be changed. I am merely implementing the rules which the Members——

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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What regulations will be brought in? The Government has shown some sense in its response to the proposals put forward by Deputy Bruton from the Fine Gael Party on dealing with changes in PRSI for employer incentives and creating and sustaining jobs.

The Government has ordered an emergency review of energy prices. I listened yesterday, and again the morning, to the Ministers who have responsibility for energy and who are now absent. The Minister for the Environment, Heritage and Local Government, Deputy John Gormley was unable to answer any question on the Government's position on reducing energy prices.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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We can, and I will tell the House why.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot. I must implement the rules of the House. If Members want to change the rules of the House I am happy to change them.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I beg to differ with the Ceann Comhairle.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I will implement whatever rules the Members make.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I beg to differ. If the Government now intends to change the method of price regulation it will require new legislation.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny cannot ask about that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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When will this new legislation be published and when will it come before the House? Last November I said the national pay deal could not be paid. At the time the Government gave no indication of its view. Two bodies which are parties to the national pay deal have now pulled out. Is it still intact? Is the Tánaiste now saying that other State bodies will pay or will not pay the remaining parts of the agreement, as drafted?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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On the legislation, Tánaiste, is legislation promised in these areas?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There are no legislative proposals to deal with proposed new regulations regarding PRSI or work practices. In my own area of enterprise, trade and employment I indicated that if I did not see more price reductions, even though we have had some, I would consider introducing some legislative measures to deal with the concerns of consumers. There is one view on price controls and other measures can be considered in the context of reducing prices.

My view is similar to that of the Taoiseach. We are working with people to provide absolute transparency, which the committee concerned has been trying to achieve. Following that we can identify the areas that need to be addressed. If they are not addressed to my satisfaction legislation will be introduced to the House.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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That is rubbish. I asked the Tánaiste if her strategy for dealing with rising unemployment and sustaining and protecting jobs had failed.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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When does the Tánaiste propose to introduce regulations dealing with PRSI——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny, there is a debate ongoing in the House today where there will be questions to the Minister for Finance, Deputy Brian Lenihan on the economy. The Minister for Finance——

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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What legislation does the Tánaiste propose to introduce to change the method of price regulation for energy?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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For the last time I ask the Tánaiste is legislation promised in that area?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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There is to be an emergency review of energy prices. When will legislation be introduced to change the basis upon which energy prices are regulated?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Tánaiste, is legislation promised in that area?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is no legislation promised in this area.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Platitudes again.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan indicated to the House the night before last that it is his intention to ensure there will be a double digit reduction in energy prices on the basis of the work he is carrying out with the regulator.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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That is rubbish.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I again remind the House that we are having an ongoing debate on the economy. There must be some order in the House. The Minister for Finance, Deputy Brian Lenihan, will attend the House today at 12.20 p.m. and answer questions.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Two days ago the Taoiseach announced a pension levy on incomes, which will affect approximately 400,000 employees in the public service, and told us there would be legislation to give effect to this measure. I asked him yesterday when that legislation would be published. He did not give me a specific time but indicated it would be soon.

I am sure the Tánaiste is aware that there is very considerable anger and confusion among the employees who will be affected by this levy. In the absence of legislation there does not seem to be a great deal of clarity about how it will apply to them. We are told, for example, that it will apply on gross income. Does that mean it will apply to payments other than basic pay, such as overtime for a nurse who fills in over a busy weekend in accident and emergency? Does it apply to a soldier in Chad? Yesterday, the Minister for Defence could not tell the House whether this levy will apply to the special allowances that are paid to our soldiers serving abroad.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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These are questions which should properly be addressed to the Minister for Finance today. The merits or demerits of the legislation cannot be discussed on the Order of Business.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It is about legislation.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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A question about promised legislation may be asked and then the Tánaiste must answer it.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Yes.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must remember that. It may be desirable to have Leaders' Questions on a Thursday morning, but the problem is that Standing Orders do not provide for them. All I am doing is implementing the rules which the Members made.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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May I remind you, a Cheann Comhairle, that I am asking a question about promised legislation, which is perfectly in order?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is commenting on the merits and demerits of the legislation.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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The Deputy can only ask about the date. He knows that.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I am entitled to set out briefly why I believe that legislation needs to be published soon. People do not know how this situation is going to affect them. It now appears that the levy will apply to earnings which are not pensionable. I do not know whether that is legal. Has the Attorney General given an opinion on that? How will it apply, for example, to employees in the public service who were employed after 1995 and who pay the full rate of PRSI?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Gilmore should put that question to the Minister for Finance this afternoon.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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He is not coming up with any proposals himself. He has not proposed anything. At least Fine Gael has, even though they are not great at figures.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Their pensions are deductible by the social welfare payment.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is being very unreasonable.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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He is complaining all the time but has no proposals.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The fact is that there are almost 400,000 people to whom this applies. This is not a pensions levy; it is a special tax which applies only to public servants. It is being imposed by a Government which would not end the tax holiday for tax exiles or tax exemptions for landlords.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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When is this legislation due?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Let us hear some of Deputy Gilmore's own proposals.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I will take no lectures from Michael McKevitt's pen-pal.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is proposed that the heads of this legislation will come before the Cabinet next Tuesday, with the Bill being made available the following Tuesday.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Government is trying to introduce an economic recovery plan but on the radio this morning I heard an ESB union representative trying to defend their pay increase. Who is in charge over there?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We will be discussing the weather next.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Government is one of the major shareholders in the ESB.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I am not getting into that now.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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When every one of the front-line services is taking a pay hit, the ESB is giving its staff a pay increase.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot go into that now.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Not so long ago the Taoiseach told the Tánaiste to call in a group of people, although I will not use his unparliamentary language. I think she should call in the ESB to see what is happening there. They should try to explain their wage increase.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is a good and legitimate question, which I strongly recommend the Deputy to address to the Minister for Finance this afternoon when he attends the House to answer questions.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Minister, like the Tánaiste, will not address that question.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can be sure she will not because it would not be in order to allow it. If the Deputy wants to change the rules of the House he should do so.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I will not discuss the weather. I wish to refer to two pieces of legislation. Given the changes in the economic situation, the Green Party's support for the decimation of the public transport system, and the fact that the public service will be screwed to such an extent that they cannot afford cars, is it intended to proceed with No. 36, the Public Transport (Regulation) Bill? Would it not be more appropriate at this stage to rename No. 17, the Road Traffic and Transport Bill, as the paths and cycle-ways Bill? That is what the public service and the rest of us will have to use on our way to work. There will be no public transport left if the Minister is allowed to proceed with his cuts.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can table an amendment if he wants to.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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On the first piece of legislation, the heads were approved in January and it will be taken at the end of the year. The road traffic legislation will be taken in this session.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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I wish to raise three issues. In light of the fact that cuts are being made in the public service, and some of them can be justified, when will the legal costs Bill be introduced so cuts can be imposed on those who should bear them?

As regards legislation on eligibility for health and social services, home help is being removed from people all over the country. What are they eligible for and when will that Bill be introduced?

Last but by no means least, will there be a supplementary budget to allow farmers to be paid the grants they are due? If so, when will it be introduced?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The first two questions are in order.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The legal costs Bill is being drafted at the moment and it is expected later this year. There has been no decision as to when the social services Bill will be available to the House.

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)
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When is the budget?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There are no such proposals.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can ask the Minister for Finance about that.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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This morning I heard the bad news that another 40 jobs in north Dublin are gone in the Dublin-Meath Growers group, due to Tesco's belief that it is better to divide and conquer. That company's premises was opened by the Minister of State, Deputy Sargent, only last September. Will the Tánaiste tell us when the industrial relations (amendment) Bill will be introduced?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I will have that Bill in this session.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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As regards promised legislation, with particular reference to the Employment Law Compliance Bill which I understand will be discussed by the House later today, will the Tánaiste make immediate arrangements with her colleague the Minister for Justice, Equality and Law Reform, to pay the staff of People With Disability Ireland?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that now, as the Deputy knows.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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They have been left without payment for three weeks, and one talks about employment compliance.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I know that but we cannot go into that matter now.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Will the Tánaiste deal with this issue?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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She cannot do so.

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Is any legislation promised to increase the ten-year derogation on bog cutting in designated bogs, which is causing serious problems in our area?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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It may well be but I cannot deal with it now.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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That is the problem; they cannot deal with anything.

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Such legislation was promised by the Minister for the Environment, Heritage and Local Government in this House. It was mentioned over three months ago that there would be an extension of the derogation.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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To be fair to the Deputy, is legislation promised in that area?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I am not aware of it but I will revert to the Deputy on that matter directly.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The Government is bogged down anyway.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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The Minister with responsibility for housing has made a number of announcements on spending €20 million a year to rent houses in the private sector. First, will this proposal be brought before the House in the form of legislation, or will the Minister operate outside the legislation and have no debate here on the matter?

Second, will it require changes to the Housing Act or the Residential Tenancies Act? The Minister is committed to spending perhaps €400 million over the next 20 years. It beggars belief that he is discussing this on the airwaves when he has not debated the matter in the House.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in that area?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Housing Bill has just been completed in the Seanad and is awaiting debate on Second Stage in this House.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Last March, the EU decided that so-called party drugs, including BZP, should be controlled. The EU gave member states a year to do so. That 12-month period expires next month, so are there proposals to amend the Misuse of Drugs Act or to add these drugs to the controlled list? While they are known as party drugs, they can be dangerous and have serious effects. The time is nearly up.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is legislation promised in that area?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Minister for Health and Children has indicated to the House that she will have that matter attended to prior to the date at the end of March.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Legislation on the regulation of property management companies is long overdue. As the Tánaiste is probably aware, there is a whole industry involving these management companies and agents who are fleecing young home owners.

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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Mismanagement companies.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Yes, mismanagement companies. When will this Bill be published and when will it finally come before the House?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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A final decision has now been made that it will be one piece of legislation. The preparatory work on that legislation has almost been completed. We hope to have it before the House very quickly.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Before I ask about the legislation I am interested in, the Tánaiste did not indicate clearly whether the bail-out for developers will be in the housing Bill that is due here on Second Stage. Will the Tánaiste tell us whether that will be included in the Bill?

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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That side of the House must be well used to bluffing.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I was amazed the Ceann Comhairle allowed the barracking from the Government benches while the leader of the Labour Party was speaking and did not protect him as he would protect me.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I did not realise Deputy Lynch required protecting.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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We know one another too well. In light of this morning's headlines about a young man who committed murder and was found not guilty by reason of insanity, when will the mental capacity Bill come before the House? In that context, will we have any movement with regard to people who attend psychiatric units looking for help, people who attend voluntarily rather than being brought by gardaí or a general practitioner? These people are turned away daily, sometimes with dire consequences.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Bill will be introduced this year.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Now that the Employment Law Compliance Bill is to be debated in the House, will the Tánaiste tell us when she is likely to bring the employment agency regulation Bill before us? These Bills are connected and it would be useful to have that Bill on the Statute Book before the summer.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Work is almost completed on that legislation and we hope to have it this session, if possible.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Each year for the past three years there has been a postponement of elections to regional fisheries boards. We are now in a fourth year without the elections. We were promised that legislation would be effected speedily. However, I note from the legislative programme that the heads of the Bill have not been agreed yet. What is going on? We are now in a fourth year without elections. The current Minister was extremely critical when this matter was postponed previously. The indications before Christmas were that the Bill was being finalised, yet it appears from the legislative programme that the heads of the Bill have not been agreed. What is going on?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It is a bit fishy.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is a lot of fishing going on. The decision has been made to have only one board, as a consequence of the decentralisation decision. The heads of the Bill have not been signed off by the Government, but the Minister of State is in consultation with the regional authorities currently.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In view of the fact that Anglo Irish Bank has been nationalised, are the workers in that bank subject to the pension levy under the legislation to be introduced?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should put that question to the Minister for Finance.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I listened with interest to the statement by the Minister for Finance yesterday and there was much of reality in his comments. He said that the savings on the €8.1 billion capital programme, because of lower tenders, amount to €300 million. He also said, and I agree, that the protection and creation of jobs is of paramount importance. In that context, he said school buildings would be an important element of the Government's programme——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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These are very good questions, but they could be put to the Minister for Finance this afternoon, as he is the line Minister.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In respect of the critical infrastructure Bill and in light of the comment by the Minister for Finance that he wishes to expedite this, does the Government propose to amend the Bill to allow that school buildings be included in it so that planning permission can be dealt with directly by An Bord Pleanála, which would expedite permissions and get the work in train sooner? I suggest to him and to the Tánaiste, that they should take €10 million out of the saving of €300 million and allocate it to the cervical cancer screening programme which the Government withdrew last year in an insidious, insensitive and scandalous manner.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I must ask the Deputy to conclude and put that question to the Minister for Finance.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Government should take just €10 lousy million from those savings and get on with that programme.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is no proposal to introduce the building of schools into the critical infrastructure Bill. There are no issues with regard to planning for the building of schools and there has been a huge number of schools built over the past number of years, and that will continue.

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)
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The Tánaiste should not cod herself.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I know of schools that were waiting for over two years for planning permission.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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Where, what is the name of the school? There was one, Laytown.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Does the Minister want me to get him a list?

(Interruptions).

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call Deputy Perry; please allow him to proceed without interruption.

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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On the industrial relations Bill, in light of the massive job losses in the economy — 37,000 in January — of the fact the Government has presided over the closing down of the manufacturing sector over the past ten years, of the difficulties envisaged now by retail services right across the State — hotels and every retail service sector — and of the derogation in PRSI, what meaningful legislation will be brought forward to give immediate effect to the creation of jobs in the service sector, a sector that is on its knees?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have a preamble.

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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The Tánaiste knows this. In Border counties business are closing daily, but nothing is happening for any of them.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have preambles, nor can we have epilogues.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The industrial relations (amendment) Bill will come before the House this session.

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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On Wednesday last week on the Order of Business, the Taoiseach told me the nursing home fair deal Bill would be introduced in the Dáil this Tuesday. What is the position on that and when will it be introduced? Who is leading whom or who decides? Is there anybody in charge in the House?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The question of who is in charge is not in order.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I know the Deputy is anxious about this legislation, as are all of us. It was intended that it be introduced this week, but the discussions on the economy took place instead. We hope to introduce Second Stage next week if possible.

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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Can I take it that will happen? I do not like to be codded.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is before the House. I would not cod the Deputy.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Is the Tánaiste serious about proceeding with the employment law compliance Bill as presented? Given the state of the economy, do we really need a national employment rights authority and a director for it and a further quango being established? Is there nobody in the Tánaiste's Department capable of monitoring this type of issue to avoid the need to set up a separate authority.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can make that point when the Bill is being debated.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is an undertaking of Towards 2016 that the compliance Bill be introduced. I will listen with interest to everyone who participates in the debate on Second Stage and will respectfully take on board the concerns of Members in the context of the following Stages. I would appreciate significant participation on Second Stage so that I can see what the Members have to say on it.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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I hope we are given enough time to debate it, unlike with other debates.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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On the Government proposal earlier this week, is it a pension levy or an income levy?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is a very good question, but it should be a question for the Minister for Finance this afternoon, as the Deputy well knows.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Could the Tánaiste make a stab at a response?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That would not be fair. It is a matter for the Minister for Finance.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is a pension contribution levy. As the Deputy knows, the Minister is providing an opportunity for questions and answers at 12.25 p.m.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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But the Tánaiste is here.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Whether she is or not, she must operate within Standing Orders, like everybody else.

11:00 am

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Yesterday, representatives of the retail sector were in the House speaking to Dáil committees and political parties. They employ more than 300,000 people and one legislative measure would be of assistance to them if the Government acted on it. At present there is no provision whereby the rents they pay for leases for retail properties can be revised downwards. A landlord and tenant Bill has been promised by the Minister for Justice, Equality and Law Reform but it is in the third division of the list of Bills under preparation. Will the measure, which would enable rents to be revised downwards, be brought before the House reasonably soon? It would contribute to saving some jobs in the retail sector.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The legislation is at a preliminary level of examination. This matter can be considered.

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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With regard to the transfer of ownership of the electricity transmission systems from the ESB to the grid, in light of the impact of the fact we have the highest power charges in Europe will legislation be introduced to reduce the charges? Deputy Kenny raised this matter with regard to a reduction in charges. The charges are at least 17% higher than in any other country, including Northern Ireland, and they are 25% higher than in Britain. This has a direct impact on job creation.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should table it on the Adjournment.

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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This concerns promised legislation.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The legislation will be introduced this year.

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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Is it possible to introduce an Act to force the ESB to reduce prices?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Minister is dealing with that matter.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Perry has made his point. I apologise to Deputy Durkan as I should have called on him earlier.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I know I have shrunk a bit but I did not think I was invisible.

Speaking of stabbing, the Ceann Comhairle will be glad and relieved to know I will not ask what the Government proposes to do about the continuing spate of crime in the country because I now know it will not do anything. Criminal gangs are allowed to roam free.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy cannot tell us what he will not ask.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I reassure the Ceann Comhairle that I will not read out the proposed legislation because I have done so for the past 12 months.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Durkan cannot tell the House what he will not ask.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I would have thought that the Government would be moved even to tears at this stage but nothing has happened. However, the Ceann Comhairle will be glad to know I will not ask about that because we know what is the answer.

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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What else will Deputy Durkan ask?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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With regard to proposed legislation, an important issue raised by Deputy Kathleen Lynch and which seems to have gone by the wayside is a Bill to provide for statutory rules governing the recall of persons released by the criminal mental health tribunal. This has been an issue for a considerable number of years and the Ceann Comhairle will be aware of it from his practitioner experience. One Bill is the criminal law (insanity amendment) Bill and Deputy Kathleen Lynch raised the mental capacity Bill. This is a serious issue which needs to be addressed as a matter of urgency and I cannot understand why the Government looks askance as it does about most other matters. At this stage, will the Government act positively in response to a serious issue which has affected quite a number of people and will continue to affect people throughout the country?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It will be later this year.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Tánaiste stated it would be later this year which means never.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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For the umpteenth time, when will the animal health and welfare Bill be published?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Later this year, I suppose.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It will be some time before this legislation will be brought before the House.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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That is an insulting answer.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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With all due respect that is an inadequate answer. We have been asking this question for the past year. It is an insult to the people on this side of the House that we are not getting the right answer.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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As I stated when I was the Minister for Agriculture, Fisheries and Food — I am sure the present Minister will support me — very careful consideration will have to be given to this legislation on the basis of its implications for the stakeholders. Therefore, it is taking some time to have it analysed and I am sure the Minister can speak to the Deputy privately on this issue.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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This morning, Michael O'Leary announced 100 job loses at Shannon Airport and a reduction of services from six to five aircraft and to two aircraft in the winter. These job loses are on top of those recently announced at Dell. During an interview on local radio this morning, Mr. O'Leary blamed the Government travel tax for this. Will the Tánaiste sit down with Ryanair and the Shannon Airport Authority, particularly as she visited the region last week, to discuss this serious issue which the mid-west now faces?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot go into this. Legislation is not promised in this area.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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As the Minister for Agriculture, Fisheries and Food is in the House, farmers are under severe pressure and worried about how and when they will be paid for the farm waste management scheme. Will the Minister for Agriculture, Fisheries and Food outline to the Tánaiste what proposals he has in place——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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No, he cannot do so.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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——to pay the farmers the €400 million for the farm waste management scheme? It is not too often that the Minister is in the House for the Order of Business. He has the opportunity this morning to outline to the Tánaiste and thousands of farmers who are worried about getting paid for the scheme. Perhaps as the Tánaiste, who is a former Minister for Agriculture, Fisheries and Food, and the current Minister are both here they can provide me with a reply.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kehoe must find another way to raise this matter.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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Has the Tánaiste changed the remit of Enterprise Ireland in the current situation because I find that——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We are wandering off the topic of promised legislation.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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Perhaps the Tánaiste has changed legislation to allow——

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Burke should ask about legislation.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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——Enterprise Ireland to send 22 directors of building companies to go to Las Vegas to an international building forum.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I will not discuss Las Vegas on the Order of Business and I will tell Deputy Burke that much.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Ceann Comhairle should.

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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Here we are again. This is another junket.

Photo of P J SheehanP J Sheehan (Cork South West, Fine Gael)
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No wonder the country is in the state it is.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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This has nothing to do with legislation.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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I wish to ask about the education (patronage) Bill which is listed as changing the powers of the Vocational Education Committees so as to enable them to enter into arrangements for the establishment of management of schools including Educate Together schools and so forth. Will the legislation accommodate transitional arrangements to be made to handle the emergence of new schools as the matter is urgent?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Bill will be published later this year.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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On the same issue, will the Bill accommodate organisations such as Educate Together which has been in existence for 30 years and has been approved by the President of Ireland as being a wonderful institution? It is extraordinary and people cannot understand why they are not allowed to be patrons of schools.