Brian Cowen (Laois-Offaly, Fianna Fail)
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The Order of Business today shall be as follows: No. 7, motion re: referral to joint committee of proposed approval by Dáil Éireann of the Planning and Development (Regional Planning Guidelines) Regulations 2009; No. 8, motion re: referral to select committee of proposed approval by Dáil Éireann for the transfer of command of the Irish contingent currently serving in Chad with EUFOR TCHAD/RCA to the United Nations Mission in the Central African Republic and Chad (MINURCAT); No. 19, Nursing Homes Support Scheme Bill 2008 Second Stage (resumed); and No. 20, Employment Law Compliance Bill 2008 Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that Nos. 7 and 8 shall be decided without debate. Private Members' business shall be No. 56, motion re: economic crisis.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There is one proposal to be put to the House. Is the proposal for dealing with Nos. 7 and 8, motion re: referral to joint committee of proposed approval by Dáil Éireann of the Planning and Development (Regional Planning Guidelines) Regulations 2009 and motion re: referral to select committee of proposed approval by Dáil Éireann for the transfer of command of the Irish contingent currently serving in Chad agreed to? Agreed.

Enda Kenny (Mayo, Fine Gael)
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It is an example of discourtesy to this House that we come in here every Tuesday and Wednesday, yet neither of the two Green Party Ministers attend.

Paul Kehoe (Wexford, Fine Gael)
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Hear, hear.

Kathleen Lynch (Cork North Central, Labour)
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They are conserving energy.

Enda Kenny (Mayo, Fine Gael)
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When they attend they do so because of what they see as a distasteful obligation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows well that we cannot discuss that on the Order of Business.

Simon Coveney (Cork South Central, Fine Gael)
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They are out windsurfing.

Enda Kenny (Mayo, Fine Gael)
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This is on the Order of Business.

Bernard Durkan (Kildare North, Fine Gael)
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They are out hugging trees.

Paul Kehoe (Wexford, Fine Gael)
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We wonder if they are part of the Government.

Enda Kenny (Mayo, Fine Gael)
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In respect of legislation with which the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, is dealing, has he made a decision in respect of the draft Bill to replace the foreshore licences which has been submitted by the Joint Committee on Climate Change and Energy Security?

I understand that due to a clerical error, barristers were given an extra €1 million in payment at the Moriarty tribunal. Under the legislation that determines these regulations, has the Government taken action to see that the money is recovered? As the Taoiseach is aware, if people have underpaid the Revenue Commissioners or an overpayment is made, they are very quick to make contact on the issue.

John O'Donoghue (Kerry South, Ceann Comhairle)
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That should be submitted by way of a parliamentary question.

Enda Kenny (Mayo, Fine Gael)
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In respect of the report detailing where an extra €1 million has been paid to the barristers involved in the Moriarty tribunal, have arrangements been made to recover it?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Taoiseach should comment on the legislation.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I outlined the position regarding the Foreshore Acts to Deputy Kenny for two weeks in a row. The Minister for Communications, Energy and Natural Resources was present here when I suggested that he consult with his colleague, the Minister for the Environment, Heritage and Local Government, on developing an appropriate framework for offshore renewable energy resources through revision of the Foreshore Acts, taking account of provisions proposed by the committee and international best practice.

Enda Kenny (Mayo, Fine Gael)
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If the Minister was here he might be able to help.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It has nothing to do with the sea.

Bernard Durkan (Kildare North, Fine Gael)
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Maybe he is trying to push the waves back like King Canute.

Eamon Gilmore (Dún Laoghaire, Labour)
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The Government Chief Whip has been on the airwaves to indicate that the Government is contemplating legislation to provide for compellability of witnesses before certain Oireachtas committees in connection with the banking issue. Is such legislation being considered and, if so, when will we see it?

On the Bill to give effect to the so called "pension levy" in the public services, the Public Services (Financial Contributions) Bill is down for consideration on Thursday. Has the Bill been approved by Government and when will it be circulated?

I have a copy of a letter in connection with the so called "pension levy", which was issued by the Secretary General of the Department of Health and Children to the chief executive officer of the Health Service Executive. It states that, in the case of the executive, this should lead to appropriations-in-aid in respect of deductions from its own staff. Appropriations-in-aid normally refer to regimens of charges. Is the Government contemplating additional charging in the Department of Health and Children and when is that likely to be brought before the House?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That material should be addressed in a Dáil question, we cannot deal with it now. We can only deal with questions on legislation.

Brian Cowen (Laois-Offaly, Fianna Fail)
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There has been comment in the media on the issue of compellability, an issue of interest and importance to people. If changes are to be made to compellability, they must be done carefully and subject to scrutiny. The Supreme Court has held that Oireachtas committees cannot use their compellability powers to make adverse findings of fact or opinion against a non-Member of the Oireachtas; it advises the only appropriate vehicle for that is a tribunal of inquiry. The committee can only ask questions relevant to its terms of reference in the proceedings it is conducting and any changes to terms of reference would have to be carefully drafted and strictly adhered to. It is important to note that certain evidence is exempt from scrutiny, including anything that could prejudice investigation, apprehension or prosecution of offences. In this regard, it is noted that recent developments suggest the Director of Corporate Enforcement and/or the gardaí could be interested in investigating developments in the banks. In any changes to the terms of reference of committees' remits, it is vital that no action which has the potential to interfere with existing investigations by, for example, the Director of Corporate Enforcement, ensues.

The Chief Whip answered a media query on the matter but a formal request to see how such an approach could be considered would need to be pursued.

I cannot answer the Deputy directly on the health issue, I am not sure what the reference is to. In the area of health, we are working to lower professional fees as part of the Bill. The child care supplement amendment and the pension levy will be incorporated in the Bill.

Pat Rabbitte (Dublin South West, Labour)
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Irrespective of what happens with Mr. FitzPatrick, has the Taoiseach given any further consideration to the proposition advanced last week that an all-party commission of the House should be charged with examining recent events in the banking sector and making recommendations for the future conduct of banking? The House might have a valuable role to play in restoring confidence among the public on the future of the banking sector.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I noted the Deputy's comment last week. The question is whether there is an existing committee that could do that. I am not sure of the significance of the Deputy suggesting a commission as distinct from a committee of House. The Government sees the need to bring forward regulatory reform, to restore public confidence in banking supervision and regulation. The Minister for Finance is being asked to bring proposals to Government as soon as possible and those will be an important component in seeking to restore confidence.

There have been indications of behaviour with which none of us would concur which does a lot of damage to the reputation of the country. From my point of view, as a Member of the House, any constructive proposal that would emanate on an all-party basis to see how we can help to ensure the integrity and reputation of the financial industry can be restored would be looked at constructively.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The trade union Unite has written to the board of Irish Life & Permanent making it clear that by its failure to accept the resignation of the CEO of that body last week, the board was in effect putting the jobs of thousands of workers at risk.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must confine himself to promised legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In the context of the need for a job creation strategy and the stabilisation of work,——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is out of order and must find another way of raising this issue. We cannot go into that now.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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——can the Taoiseach indicate if the Government and Cabinet are coming forward——

John O'Donoghue (Kerry South, Ceann Comhairle)
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Does the Deputy have a question on legislation?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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If the Ceann Comhairle would allow me to finish, with respect.

John O'Donoghue (Kerry South, Ceann Comhairle)
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If the Deputy asks a question that is order, there is no problem.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Government indicate the measures it proposes to bring forward? Will they require legislation? What redress of the ongoing failures of people at senior level within bank management——

John O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot allow that now, Leaders' Questions are over.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am asking about further legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should name the legislation in that case.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am asking about promised legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should name the legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I cannot name it as the Government has not told us what it is going to call it. It is promised legislation and, frankly, between the Ceann Comhairle and me, that is probably as much as the Government knows too. That is the problem in this House.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should ask about legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am asking, because there have been failures at the highest level of banking management in this State, when legislation will be introduced to curb the abuses at the most senior level within the banking institutions in this State?

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

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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When will legislation be brought forward to protect workers in the instance I have given of Irish Life & Permanent?

I note on the published legislative programme, the National Pensions Reserve Fund (Amendment) Bill is listed as the legislation to give effect to the recapitalisation of the banks. Is that still the case in the context of the deal with the banks announced last week?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The legislation on the National Pensions Reserve Fund will be published by the end of the week. To answer Deputy Gilmore, I expect the pensions levy legislation to be published tomorrow. The Minister for Finance is working on the legislation on banking regulation. He will come to Cabinet with proposals and as soon as they are adopted, we will proceed as quickly as possible with a legislative base for those agreed positions.

Richard Bruton (Dublin North Central, Fine Gael)
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Do these legislative proposals deal with banking regulation? The personnel in regulation simply do not understand what represents an abuse. The abuses are before their eyes but they are doing nothing about them. I do not want to engage in a lengthy process with lots of energy devoted to changing institutional arrangements when we need people who understand what they are doing.

In respect of the National Pensions Reserve Fund legislation, we have heard from Green Party Ministers, who I assume are bound by Cabinet responsibility, that those who have led us into these problems in the banks will not lead us out of them. Are they speaking on behalf of the Cabinet when they make those statements? It would be valuable for us to know that; these are Cabinet Ministers and I expect them to represent Government decisions.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Minister for Finance will be introducing proposals soon on how to restore public confidence in the regulation and supervision of our banking system. That is a priority. The Director of Corporate Enforcement has two gardaí from the fraud squad working as investigators on the issues he is examining.

In regard to the four main banks, three people have resigned, or have indicated their retirement. Changes are taking place. There is a new board in one of the banks, which we discussed earlier. Directors have been appointed by the Minister to guarantee the public interest and more will be appointed when the recapitalisation programme is completed. Significant changes are taking place both at executive and non-executive levels. I am sure that trend will continue.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Does the Taoiseach accept the process of investigation of serious crime is being hampered by the absence of a DNA database and appropriate legislation? I remind him that the former Minister for Justice, Equality and Law Reform indicated to the House in January 2006 that he had received approval from Cabinet to publish the Bill and proceed. In 2007, the Garda Commissioner, having consulted the Minister for Justice, Equality and Law Reform, stated that this was a fundamental part of his policing plan for that year. We are now heading towards spring 2009 with no sign of the legislation. When will the legislation be published and processed?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand it is intended that it will be published this year, possibly in this session.

Bernard Durkan (Kildare North, Fine Gael)
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I have three questions. Last week, the Taoiseach mentioned that preparation of the estate management legislation was imminent. Was it discussed in Cabinet since then and is it likely to appear before the House in the next couple of weeks?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can ask the three questions together.

Bernard Durkan (Kildare North, Fine Gael)
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I would like to get three answers so I will do my best.

Apropos issues raised today and happenings over the past couple of weeks, I refer to promised legislation and existing legislation, namely, the company law Acts and the Companies Act 1990, which is the important legislation. In view of the obvious strains, or the failure in certain quarters over recent weeks to interpret how the Act is supposed to operate, is it intended to introduce the company law consolidation and reform Bill at an early date? The normal procedure is that when some atrocity takes place in this country, we seek new legislation but since legislation is already in place, what is it intended to do in the proposed company law consolidation and reform Bill? When will it come before the House?

My last question is also very appropriate at this time. The Criminal Justice (Money Laundering) Bill has been on the Order Paper for long enough to be laundered itself. In view of the shifting of money and the movement of funds not only in this country, but in other countries, including throughout Europe, and the need to comply with EU law in this area, when will that Bill be resurrected and brought before the House?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand the Criminal Justice (Money Laundering) Bill will be taken in this session. The company law consolidation and reform Bill is a large one with, I understand, almost 1,000 sections. A lot of work has been done on it but it is not complete. I believe the Deputy has been advised in recent weeks that work is continuing on the multi-unit Bill.

Bernard Durkan (Kildare North, Fine Gael)
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Was it discussed at Cabinet today?

James Bannon (Longford-Westmeath, Fine Gael)
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Does the Taoiseach realise there is much disquiet among the public that well paid judges are exempt from all levies? This is causing much havoc and disquiet among public servants. Some public servants have been charged the 1% levy since the middle of December——

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Bannon must ask a question which is in order.

James Bannon (Longford-Westmeath, Fine Gael)
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——without the legislation being in place. It was promised that the levy would take effect on 1 January.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Bannon, irrespective of your reservations, we cannot go into that now.

James Bannon (Longford-Westmeath, Fine Gael)
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People have been charged since 17 December.

John O'Donoghue (Kerry South, Ceann Comhairle)
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There is another way to raise that.

James Bannon (Longford-Westmeath, Fine Gael)
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I have seen cheques to that effect, where deductions were made in December.

John O'Donoghue (Kerry South, Ceann Comhairle)
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It is a very good question and I strongly urge you to table it, but not as a Standing Order 32 matter.

James Bannon (Longford-Westmeath, Fine Gael)
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The people deserve answers.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Does the Taoiseach agree that all citizens should be treated equally? Half the farmers owed money under the farm waste management scheme are paid in full but the other half are not.

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

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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It is a question on legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Then ask about it.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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The Tánaiste told us last Thursday that legislation was needed to pay the 40:40:20, if that is the way the money is to be paid. When will that legislation be introduced and when can farmers hope to get the money?

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

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

Joan Burton (Dublin West, Labour)
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In the context of the National Pensions Reserve Fund (amendment) Bill and the Taoiseach's earlier comments, an area of great concern is the position of people who are wards of court and who have funds under management through the auspices of the court and through——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot allow——

Joan Burton (Dublin West, Labour)
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The Taoiseach very kindly offered a degree of bipartisanship and this is a major issue for many families. Many of the funds have collapsed because of the collapse in equity. There is no clarity whatsoever in regard to which Department——

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should ask the Minister for Finance about it and I have no doubt she is capable of framing a question which will elicit an appropriate reply.

Joan Burton (Dublin West, Labour)
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——is addressing this issue.

In the context of the promised National Pensions Reserve Fund (amendment) Bill, will the Taoiseach make some kind of a note available because we are chasing approximately seven different Departments and organisations, none of which seems to know who is responsible?

John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on to the next question.

Joan Burton (Dublin West, Labour)
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I know this is an indulgence but will the Taoiseach co-operate? The families of those who got settlements of €1 million, but who are incapacitated, do not know what to do or where to go. The fund has collapsed.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to ask the Minister for Finance about it.

Brian Cowen (Laois-Offaly, Fianna Fail)
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l will have the Chief Whip follow up on that.

Joan Burton (Dublin West, Labour)
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Will the Taoiseach deal with it in the context of this?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Taoiseach has answered the question.

Joan Burton (Dublin West, Labour)
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The Taoiseach referred previously to the Director of Corporate Enforcement who wrote the Oireachtas Joint Committee on Finance and the Public Service to say he has formed the opinion that prejudice, misconduct and-or illegality are present with respect to the company's — that is, Anglo Irish Bank's — affairs.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows very well we cannot go into that.

Joan Burton (Dublin West, Labour)
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He wrote that to the Joint Oireachtas Committee on Finance and the Public Service. In the context of what the Taoiseach said about the compellability of witnesses, will he arrange to give the Whips, or certainly the Labour Party Whip, some advice as to how the Government and the Chief Whip intend to proceed so that the Oireachtas Joint Committee on Finance and the Public Service, which is the appropriate committee in regard to this issue, can put questions to people from Anglo Irish Bank? We seem to be at an impasse in that the committee can no longer ask any questions, partly because the director has sent this opinion to the committee.

John O'Donoghue (Kerry South, Ceann Comhairle)
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We must move on. This is not in order.

Joan Burton (Dublin West, Labour)
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The Taoiseach offered a bipartisan approach a few minutes ago.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I will allow it if the Taoiseach can be helpful but I cannot allow this every day.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I outlined in a previous response our initial reaction to this question of compellability and how it might be approached. It is not without difficulty. I saw members of the particular committee raise this issue on television. The Chief Whip responded helpfully and suggested that if he received a request, we could sit down to see if there is a way through this. I am not sure there is. The matter must be looked at sensibly and intelligently. The Whips meet every week and they can sit down to see to where they can bring this from where it is at present. We have not had a request. I am sure that if what has been said constitutes a request by everybody to look at it, the Whips are the best way to do so.

Joan Burton (Dublin West, Labour)
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I thank the Taoiseach.

Tommy Broughan (Dublin North East, Labour)
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Will the promised legislation on financial regulation improvements and changes include mutual societies and the urgent need to strengthen the accountability of the directors of mutual societies to their members?

The Taoiseach and I sat across a table in 1993 or 1994 to discuss TEAM Aer Lingus.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It was not a Labour Party parliamentary party meeting.

Eamon Gilmore (Dún Laoghaire, Labour)
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We will consider the Taoiseach's application.

Tommy Broughan (Dublin North East, Labour)
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Exactly.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy should not hold his breath.

Tommy Broughan (Dublin North East, Labour)
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I refer to the loss of 1,200 jobs in SR Technics which we did not have an opportunity to discuss last Thursday. Will the Taoiseach, along with the Tánaiste and Minister for Enterprise, Trade and Employment, take some urgent steps to ensure that these jobs, which do not have to be lost——

John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot raise that. I know how important it is to Deputy Broughan and his constituency and other the representatives but we cannot discuss it now.

Tommy Broughan (Dublin North East, Labour)
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With regard to job losses, will the Taoiseach draw a line in the sand in this case — where there is no need for the jobs to be lost — and say that he will take decisive action to ensure these jobs are retained?

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not in order. The Deputy will have to find another way of raising that matter.

Tommy Broughan (Dublin North East, Labour)
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I sought a private notice question and an Adjournment matter on Thursday and today, but I am still waiting.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should put the matter down again.

Tommy Broughan (Dublin North East, Labour)
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The Taoiseach wants to answer.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should submit the matter again. I call Deputy Stanton.

David Stanton (Cork East, Fine Gael)
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When will we have legislation to put a cap on spending at local authority elections?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that legislation is to come to the House as soon as possible.