Dáil debates

Tuesday, 10 March 2009

Ceisteanna — Questions

Legislative Programme.

2:30 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 1: To ask the Taoiseach his legislative priorities for the first half of 2009; and if he will make a statement on the matter. [46606/08]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 2: To ask the Taoiseach his legislative priorities for 2009; and if he will make a statement on the matter. [3152/09]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 3: To ask the Taoiseach his legislative priorities for 2009 to 2010; and if he will make a statement on the matter. [7058/09]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 1 to 3, inclusive, together.

My Department currently has one item of legislation on the A list of the Government legislation programme — the Statute Law Revision Bill. This is the latest element in the statute law revision project. In preparation for the Bill, work has been completed on the analysis of local and personal Acts up to and including 1850 and private Acts up to and including 1750. It is intended that the Bill dealing with those Acts will be published this session.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In January, the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Mary Coughlan, said she could introduce price controls on some goods if the differential was not passed on to customers. The Taoiseach is aware that the Consumers Association of Ireland claimed the introduction of price controls would be a disaster, particularly in a recession. It said the measure would allow all prices go to one level, usually the highest level. Yesterday, Retail Excellence Ireland stated price controls were unworkable where so many products were involved. The Tánaiste has commented that she may introduce price controls. Is that a runner or is it something her Department intends to do? Has the Tánaiste brought a proposal to Government in that regard? Perhaps the Taoiseach would like to respond to this before I ask another question.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Is there a legislative priority? The question is more appropriate to the Tánaiste.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Tánaiste said she would introduce price controls.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is not up to her.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Is the introduction of price controls not a matter of legislation? The Ceann Comhairle is looking at me very sceptically.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I am and I must, because it is a matter ——

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Is that because it is Tuesday? Is that the Tuesday look from Cahirciveen?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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No, whether it is Tuesday, Wednesday, Thursday or Friday, it does not matter what day it is.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Ceann Comhairle has always looked like that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Fine, no harm in trying. In his contribution at the recent Ard-Fheis, the Taoiseach mentioned the creation of a central banking commission which would incorporate the responsibilities of the Central Bank and the supervision and regulatory functions of the Financial Regulator. This is critical, given the extent of bad naming of our country abroad and the fact international markets have serious difficulty dealing with Ireland currently.

Does the Taoiseach intend to bring forward this legislation quickly and does it involve the merging of the Central Bank and the Financial Regulator? Have the heads of the Bill been approved by Government yet? In view of the critical need for this function with regard to this segment of the financial and regulatory institution system, when does the Taoiseach expect the Bill will be brought before the House?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The need for regulatory reform is important and the issue is receiving priority in the Department of Finance. The Minister intends to bring forward proposals quickly as change is required to the legislative base on which the institutions were set up. We have outlined the changes envisaged and the Minister will bring his proposals to Government as soon as possible.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Is it intended that the Bill will involve the merger of the Central Bank and the functions of the Financial Regulator? We saw further resignations from a financial institution today. Everywhere one goes around the country, one is faced with small businesses and retailers who are unable to get lines of credit extended to them and jobs are being lost on a daily basis. We do not have a currency of our own but are part of the eurozone and the euro. Having examined the situation, does the Government intend to merge the Central Bank and the Financial Regulator? Is that the essence of the proposed Bill? Given the House will not sit next week, when does the Taoiseach expect it to come before the House?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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As soon as it is brought to Government and approved, it will be published and brought to the House as quickly as possible. The issue is being given priority in the Department. The idea is to set up a central banking commission that would incorporate Central Bank functions and the regulatory aspects of the Financial Regulator's work. The consumer affairs aspect of the Financial Regulator's work would then be joined with the Office of the Financial Ombudsman.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The question deals with the Taoiseach's legislative priorities for 2009. Why is there so little proposed legislation from the Government, with only one piece of legislation to come from the Taoiseach's Department? Last year we had 25 pieces of legislation enacted, the lowest number of enactments for the past decade. We are now more than half way into the current Dáil session. We were promised that some 18 pieces of legislation would be published this session, but only one of those, the National Pensions Reserve Fund Bill, has been published.

Can the Taoiseach tell the House why the Government is bringing forward so little legislation? Why are important pieces of legislation which many of us have been seeking, such as the legislation to regulate the operation of management companies which affect tens of thousands of tenants in private rented accommodation and people who have bought apartments, taking so long? We have been seeking electronic surveillance legislation, which might assist in dealing with the crime problem. We were promised we would have at least the heads of a civil unions Bill by this time last year. What is delaying the legislation and why are Ministers so slow in bringing forward the legislation promised by this Government?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Since this Government came into office on 14 June 2007, 43 Bills have been enacted. Given that the previous Dáil brought forward a large amount of legislation, approximately 204 Bills, so there was not a large overhang of Bills on this Dáil. To a great extent, the legislative programme of the previous Dáil was completed. Therefore, much of the legislation coming before the House must be prepared and drafted during this Government's tenure rather than overhanging from previous Administrations. Apart from the A list, there has been emergency legislation passed in this session by reason of necessity, including the pensions levy legislation, the Residential Tenancies (Amendment) Act and the Anglo Irish Bank Corporation Act. There was also non-emergency legislation which was not on the A list, such as the Electoral (Amendment) Bill. This morning we put forward the Health (Miscellaneous Provisions) Bill which will be published as a result. The legislation committee met last week and the Chief Whip is progressing much of the other legislation.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I am surprised the Taoiseach seems content with the legislative output of his Government. By any standards it is poor. Legislation on a number of issues is required. It has been promised for a long time but is not coming through. Given that there is only one, largely legalistic, piece of legislation to be dealt with by the Taoiseach's Department, I suggest he and his Department might assist with or take responsibility for bringing forward legislation where a number of Departments are involved. One example is the legislation for dealing with management companies, which the Labour Party has been raising here for years.

Many people purchased apartments for which the regime of management companies, responsible for the management of these areas, is a mess. People who purchased apartments and people who are renting are in a legal limbo regarding the operation of management companies. This is an increasing problem. In some cases the original developer might have taken an active interest in the management of the apartment blocks but might no longer be on the scene because of the downturn in construction activity and in development work. There is a major problem in this area. We were told the difficulty in bringing forward that legislation is that three Departments are involved. Where a number of Departments are involved in legislation I suggest the Taoiseach and his Department might take responsibility for bringing that legislation before the House. Very little legislation is coming from the Government, yet there are key areas in which people are facing major problems but where the legislation to address them is not appearing.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I hope the Taoiseach can help but I remind Members that questions on individual Bills should be directed to the line Minister in each case.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The legislation to which Deputy Gilmore referred specifically in his question is being drafted at present and it is hoped it will be ready for the next session. It is very involved legislation and it has many aspects spanning many Departments which has added to its complexity. I do not take away from the need to deal with it as urgently as possibly. The assistant secretary of my Department has been helping to co-ordinate the matter and bring it all together in a single Bill. The original problem was that there were so many issues to be addressed that they were being addressed by various Departments individually. It was decided to try to pull all of this together and the Attorney General has been working on it.

Apart from this, much time and activity in this session is being taken up by dealing with the economic crisis we face. The preparation of a supplementary budget will take precedence over all other work in the coming weeks. However, this is not to state that the legislative programme is not proceeding; it is. A number of Bills had to be brought forward at very short notice which involved major issues and which were debated in the House. This is by force of circumstance in terms of the issues arising from the financial crisis with which the Government must deal and contend.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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An mbeidh gá le reachtaíocht chun fóram parlaiminte uile-Eireann a chur ar bun? Cuirim fáilte roimh an dul chun cinn atá déanta. Tá sé oiriúnach "maith thú" a rá leis an Cheann Comhairle, gan dabht, as ucht an méid atá déanta aige chun fóram a thógáil. An mbeidh ar Roinn an Taoiseach Bille a thabhairt go dtí an tOireachtas? Ar an gcuma chéanna, an mbeidh gá le reachtaíocht chun an fóram sibhialta a bhunú?

Speaking in July last year on a separate matter, the Taoiseach stated that some people had expressed disappointment about the level of progress made on the legislative commitments in Towards 2016. Cén reachtaíocht a bhí i gceist ag an Taoiseach ag an am sin?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Níl a fhios agam an bhfuil gá le Bille chun an chéad fhóram a luaigh an Teachta a chruthú. Is cinneadh polaitaíochta, idir an Tuaisceart agus an Pharlaimint seo, atá i gceist. Ba mhaith liom an gcomhrá sin a chomhlíonadh chomh luath agus is féidir chun go mbeidh cinneadh againn agus go mbeimid in ann dul ar aghaidh leis an eagraíocht a bhí ar intinn againn i gcomhaontú 1998.

D'iarr an Teachta freisin mar gheall ar an reachtaíocht a bhí in aigne agam nuair a labhair mé an bhliain seo caite. Bhí mé ag smaoineamh ar reachtaíocht a bhaineann le dlí an lucht oibre agus ábhair caidrimh tionsclaíochta. Tá sé ar intinn againn dhá Billí — an employment agency regulation Bill agus an industrial relations (amendment) Bill — a fhoilsiú agus a thógaint os comhair an Oireachtais chomh luath agus is féidir. Tá súil agam go mbeimid in ann iad a chur i dlí chomh luath agus is féidir.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Gabhaim buíochas leis an Taoiseach as ucht an dá fhreagra sin. With regard to the second matter on which the Taoiseach expressed concern just a little over six months ago, what is his current position on the same legislation he just outlined to us? Is any special effort being employed to bring forward the various pieces of legislation pertinent to this question?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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We have a voluntary system of industrial relations in this country. Partnership has been the means by which consensus has been built up for legislation that would enhance conditions in the workplace and assist in the maintenance of orderly industrial relations that one would expect in this country, given the importance of harmony in the workplace and the wider social policy objectives set out in successive social partnership agreements. They require us to continue advancing many issues which are raised on both sides of industry, either by management or trade unions, in an effort to regulate and meet the changes in practice and employment conditions and to try to provide better security for people in a way that need not affect our competitiveness as a country to maintain and create jobs, which is the purpose of much of the activity that goes on within social partnership.

Over the past 20 years, we have been able to show that a broadly balanced approach has brought benefits for both workers and owners of enterprises in a way that is now being challenged in the very difficult situation we face, due to the need to revisit these issues and think our way through them in a way that is consistent with social partnership principles. That remains a continuing challenge. I have earlier referred to the great difficulty that is emerging in trying to find a consensus between both sides of industry, something which the Government has been seeking to facilitate in some of this legislation. Work is ongoing in that area.