Dáil debates
Wednesday, 1 April 2009
Order of Business
11:00 am
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
It is proposed to take No. 16, statements on the European Council, Brussels; No. 14, Housing (Miscellaneous Provisions) Bill 2008 [Seanad] — Second Stage (resumed); No. 15, Broadcasting Bill 2008 [Seanad] — Order for Report and Report and Final Stages; and No. 3, Health (Miscellaneous Provisions) Bill 2009 — Order for Second Stage and Second Stage.
It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after 85 minutes and the following arrangements shall apply: the statements shall be confined to the Taoiseach and to the main spokespersons for the Fine Gael Party, the Labour Party and Sinn Féin, who shall be called upon in that order, who may share their time and shall not exceed 15 minutes in each case, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; the suspension of sitting under Standing Order 23(1) shall take place at 1.30 p.m., or on the conclusion of No. 16, whichever is the later, until 2.30 p.m.; and in the event that a division is in progress at the time fixed for taking Private Members' business, the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted on the conclusion of Private Members' time which shall be taken for 90 minutes tonight and Standing Order 117(3) shall not apply.
Private Members' business shall be No. 52, motion re social welfare and consumer debt (resumed), which is to conclude at 8.30 p.m. tonight, if not previously concluded.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
There are three proposals to be put to the House. Is the proposal for dealing with No. 16, statements on the European Council, Brussels, agreed to? Agreed. Is the proposal relating to the suspension of the sitting under Standing Order 23(1) agreed to? Agreed. Is the proposal that the Dáil shall sit later than 8.30 p.m. tonight agreed to? Agreed.
Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context
Yesterday, I asked the Taoiseach about the delay in the Defamation Bill, which has reached Committee Stage, and he indicated a number of amendments are being drafted by the Attorney General and the Minister for Justice, Equality and Law Reform. Today, I read reports that the Minister intends to introduce a privacy Bill. Has the Government made a decision on this because it is not included under any of the headings in sections A, B or C of the legislative programme? Is this a new Bill being proposed by the Minister for Justice, Equality and Law Reform? Has the Government decided on it and, if so, when is it likely to appear?
What progress has been made on No. 48, the education (patronage) Bill which is due for publication in 2009? There is a great deal of contention throughout the country with regard to No. 44, the fisheries (amendment) Bill which proposes to abolish seven regional boards and amalgamate them under one central board. It is due for publication in 2009. At what stage is that Bill?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The heads of the fisheries (amendment) Bill were cleared a few weeks ago and it is progressing to detailed drafting. The heads of the education (patronage) Bill are expected shortly for consideration. The Privacy Bill is on section D of the list because it was published in 2006. The questions of defamation and privacy were to be considered. It has been published for a long time and is waiting a hearing. The Minister has indicated that he intends to proceed with the consideration of the Bill.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
Previously, I raised with the Taoiseach the legislative implications of the announcement to amalgamate certain State agencies made in last October's budget by the Minister for Finance. Among these is the Equality Authority. The legislation has not been published but in the meantime the budget of the Equality Authority has been cut and it is proposed to decentralise the authority. The Minister for the Environment, Heritage and Local Government told his party conference that he had secured the reversal of these decisions. Yesterday, the Minister for Justice, Equality and Law Reform told the House that there was no reversal and that the decentralisation would increase from 16 to 23 in the time ahead. Will we see legislation on this matter? Is the reason for the continued absence from the House of the Minister for the Environment, Heritage and Local Government that he is licking his wounds following the statement yesterday by the Minister for Justice, Equality and Law Reform?
I also wish to discuss a circular issued last week by the Department of Finance to all Departments in connection with the embargo on recruitment in the public services. The circular is very belt and braces and states that no recruitment of any kind may be pursued by Departments or agencies. I understand this includes a complete embargo on the renewal of fixed-term contracts.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
This is not relevant to the Order of Business.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
It is and I will explain why it has to do with the business of the House.
Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context
It is very important.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
I expect the circular and its implications will give rise to parliamentary questions. The problem is that the circular expressly states that individual Departments no longer have discretion in this matter and that any exemption from the embargo must have the approval of the Minister for Finance. In asking this question, I seek guidance from the Ceann Comhairle. If we table questions to a line Minister in connection with the embargo or the renewal of fixed short-term contracts in Departments or agencies will the question be answered or will we be told that, as a consequence of the circular, the Minister no longer has responsibility for the matter? It is clear from the circular that responsibility is being transferred from line Ministers and their Departments to the Minister for Finance. What is the position if a Member tables a question, on services at an agency where contracts are not being renewed, to the Minister for Transport or to the Minister for Health and Children, a Department in which I think many issues on this will arise, or to the Minister for Justice, Equality and Law Reform? Can the Minister answer the question and how will he or she do so if, as a consequence of the circular, the Minister no longer has responsibility for it?
Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context
They never answer them anyway.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
With regard to the second matter, the moratorium decision applies to a range of people, including the temporary appointment on a fixed-term basis and the renewal of such contracts. Any exceptions to this principle, which will arise in very limited circumstances, require the prior sanction of the Minister for Finance. This sanction will be forthcoming only when the Minister is satisfied that the post is essential to the delivery of a public service or to the performance of an essential function and that every effort has been made to fill the post by redeployment. The consent and agreement of the Minister for Finance is required to ensure we have control over public service numbers as a component of controlling public finances generally.
With regard to the Equality Authority, recently the Minister agreed in principle to a request from the chair of the Equality Authority to delay on hardship grounds the transfer of staff from Dublin to Roscrea. He asked his officials to work out details on a case by case basis with the acting chief executive officer of the authority and to review the situation again in 2011 when other aspects of the wider decentralisation programme are due to be reviewed. I have not seen the reply given yesterday to which the Deputy referred. Whether it took account of this arrangement which was expressed by the Minister for the Environment, Heritage and Local Government at his party conference, this is the situation.
James Bannon (Longford-Westmeath, Fine Gael)
Link to this: Individually | In context
While the day that is in it seems to have given The Irish Times scope for an apparent flight of fancy that would see tax exiles electronically tagged in line with sheep and certain criminals, the financial services (miscellaneous provisions) Bill is long overdue. When can we expect publication, with or without the tagging provisions?
Joan Burton (Dublin West, Labour)
Link to this: Individually | In context
On the same point, is it true that tax exiles or fugitives who return to Ireland tagged will then be sent to Longford?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The idea was that one was supposed to have a sense of humour and laugh at it.
Bernard Allen (Cork North Central, Fine Gael)
Link to this: Individually | In context
We laugh at a lot of things these days.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
We said they should be taxed, not tagged.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The financial services (miscellaneous provisions) Bill is due later this year.
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
On the same point, perhaps we could recycle the e-voting machines into tags for tax exiles?
Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context
Is legislation promised or proposed on people charged with serious crime who have caused consternation in a locality and who are out on bail?
Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context
There is widespread concern and the public perception is that nothing is being done.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
Never mind that, Deputy Hayes must be specific if he wants to ask a question.
Dan NevilleTom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context
I am speaking about my own locality which featured much in the media. The public is concerned that these people are being brought before the courts but are being released on bail. Yesterday, another incident occurred in a nearby village.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
I suggest that the Deputy puts a question to the Minister for Justice, Equality and Law Reform or raises it on the Adjournment in order that we can discuss it. If the Deputy has a question about specific legislation, that is fair enough.
Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context
People are frightened and concerned that nothing is being done.
Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context
I want to know whether legislation will be introduced to at least——
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
The Deputy must state the name of the legislation and, if the legislation is not promised, the question is not in order. That is the way it works. I do not make the rules, I merely enforce them.
Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context
It is a long long way to Tipperary.
12:00 pm
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context
With regard to secondary legislation laid before the House yesterday, No. 8, the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009, will it introduce a duplication of inspection from the Department of Agriculture, Fisheries and Food and local authorities with regard to water quality. In light of the current economic circumstances and given that we do not have resources to provide home help, why are we introducing a second layer of inspections on the agricultural community? Will we have an opportunity in the House to debate S.I. No. 101 of 2009?
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
Is this matter due? We cannot discuss why.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
This refers to the nitrates directive and is a matter for the Department of the Environment, Heritage and Local Government. Perhaps a question can be tabled on it.
Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context
Deputy Johnny Brady will be concerned about it.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context
It is on the Order Paper.
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
There are ongoing reports that 4,000, if not 6,000, affordable homes will be vacant by the end of this year. The Housing (Miscellaneous Provisions) Bill is before the House. I understand the Minister's Department is drafting no further amendments to the Bill. Given that this problem will develop further over the year, will the Government consider the introduction of emergency legislation if so required, in order that the prices of these houses can be rescheduled with local authorities——
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
Is legislation promised on this?
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
I would like to finish the point.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
The Deputy can ask about the Housing (Miscellaneous Provisions) Bill, but that is about it.
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
With respect, it depends on how one defines a housing crisis. We had a housing crisis——
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
No it does not. It depends on whether it is within the Standing Orders.
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
——as far as the Government was concerned, when house prices were dropping.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
It does not depend on that. It depends on whether the Deputy's question is within the Standing Orders of the House. It does not depend on houses, extraneous matters, or extraterrestrial matters. It matters whether it is within the Standing Ordersof the House.
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
If I can continue, I will remain in order.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
I will ask the Taoiseach to answer the relevant part, and I will move on. I cannot allow anything else, and the Deputy knows that.
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
There is a possibility of 8,000 affordable homes being vacant at the end of the year that will not be sold.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The Housing (Miscellaneous Provisions) Bill is on Second Stage today and there will be an opportunity to raise these matters and obtain a reply from the Minister when Second Stage has been wrapped up.
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
The Minister stated his Department will not draft any more amendments——
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
The Deputy can raise that matter today when the Bill is being discussed.
Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context
I welcome the announcement by the Government to ban the so-called party drug BZP. Have the regulations on this been implemented?
The second issue I wish to raise is the Adoption Bill 2009, which was on the list of legislation for this term. It is coming from the Seanad. There is a concern that the bilateral agreement between Ireland and Vietnam is coming to an end and that a time factor may cause serious difficulties for people adopting Vietnamese children. It is linked to this Bill. Does the Taoiseach have any information on the Vietnamese situation and on when the Bill will be before the House?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The Minister of State, Deputy Andrews, is seeking to extend that date for another few months, pending discussions that are ongoing with the Vietnamese authorities, so that the issue does not lapse. I will ask his office to contact the Deputy and provide her with the up-to-date situation.
The Minister for Health and Children stated yesterday that, following a Government decision, she had signed the statutory instrument required to give effect to the Council's decision to subject BZP to control measures and criminal sanctions. It is no longer for sale around the country, something that had been an issue of concern to the Deputy and others.
Martin Ferris (Kerry North, Sinn Fein)
Link to this: Individually | In context
Given that we have the highest proportion of cystic fibrosis sufferers in the world and the worst facilities in Europe, where most die under the age of 30, when will the eligibility in health and personal services Bill be published? Will it address the rights of people, such as cystic fibrosis sufferers who have been betrayed by the Government, as it has broken its commitment to develop the essential unit at Saint Vincent's Hospital by 2010?
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
We cannot ask about the content.
Martin Ferris (Kerry North, Sinn Fein)
Link to this: Individually | In context
Will the Minister raise it at Cabinet?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
There is no date for that Bill, but we will see what we can do regarding the other matter.
Liz McManus (Wicklow, Labour)
Link to this: Individually | In context
The town of Bray was deeply shocked yesterday at the news that 240 jobs would be lost at Schering Plough. We all believed it was a good company and we knew it had a good workforce.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
We cannot discuss that now.
Liz McManus (Wicklow, Labour)
Link to this: Individually | In context
Conscious of the fact that we have seen a series of major job losses, at AO Smith and Dell, there are now semi-derelict buildings in Bray as a result of such job losses.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
If the Deputy wishes to raise the issue on the Adjournment, her question will be considered.
Liz McManus (Wicklow, Labour)
Link to this: Individually | In context
Can the Taoiseach ensure the Industrial Development Bill 2008 currently going through the House is amended to deal with the issues relating to the inaction by the IDA, the lack of an enterprise centre in my community——
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
I must ask the Deputy to resume her seat.
Liz McManus (Wicklow, Labour)
Link to this: Individually | In context
——and the lack of support from Enterprise Ireland to ensure people can go back to work?
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
Deputy McManus is entitled to raise the matter in another way, and every effort will be made to facilitate the Deputy. There is no point in both of us talking to ourselves. I call on Deputy Durkan.
Liz McManus (Wicklow, Labour)
Link to this: Individually | In context
I asked a question about legislation.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
Regarding the Industrial Development Bill 2008, all these matters can be discussed in that context. I make the point that the IDA is constantly——
Liz McManus (Wicklow, Labour)
Link to this: Individually | In context
The IDA has sat on land in Greystones for over a decade. It turned away business.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The Deputy obviously does not want to hear my reply.
Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context
The Ceann Comhairle will no doubt be relieved to know I do not propose to raise the ongoing issue of the increased levels of crime but, with his permission, I will raise it next week. I would like clarification in respect of promised legislation in two areas. I did not hear the Taoiseach correctly yesterday when he spoke about the preparation of legislation relating to estate management companies. I still do not know whether the legislation that comes before the House has been fully agreed between the various Departments that had an input, and if it will be brought into the House as a matter of urgency.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
It is being prepared and we should have it for the next session.
Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context
When is it proposed to bring in the legislation for the establishment of a national biofuels obligation scheme and to provide amendments to the Act, in light of the developments to facilitate NORA's ongoing activities? I am not certain what NORA's ongoing activities are, but perhaps the Taoiseach might be able to give us some indication as to when the legislation will be produced in the House?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
NORA is an oil reserve agency, just in case there is any excitement on the far side of the House.
Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context
In view of the serious elements of that legislative proposal, is it intended to expedite it?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The heads of the Bill are expected later this year.
David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context
I believe a bilateral agreement on adoption between the Irish and Vietnamese authorities is to be laid before the House at some stage. There is a hold up in the Department on that issue, and it would be good if the Taoiseach could expedite it.
We have been promised proposals on Dáil reform by the Government for some time. Will we see them this side of Easter, or is there any sign of them at all?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The Whip has a working group examining that issue, and the matter will come to the House as soon as it is completed.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
It will be during this Dáil.
David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context
So it will be sometime in the next year and a half.
Billy Timmins (Wicklow, Fine Gael)
Link to this: Individually | In context
It will be in the lifetime of the building.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
It is one way of being proved right.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
There is much discussion with the Vietnamese authorities on the matter we discussed earlier.
Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context
When will we see the competition (amendment) Bill, especially section 4 which affects trade union participation? When the foreshore legislation is published, who will be the lead Minister for it? Will it include coastal zone management?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
I understand the foreshore issue will be between the Department of the Environment, Heritage and Local Government and the Department of Agriculture, Fisheries and Food. It will be published later this year, as will the competition (amendment) Bill. We will have a busy second half of the year.
Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context
Is it envisaged that those responsible for coastal zone management will transfer from the Department of Agriculture, Fisheries and Food to the Department of the Environment, Heritage and Local Government? Which Minister will sponsor the legislation?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
I understand the coastal zone management will be transferred to the Department of the Environment, Heritage and Local Government.
Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context
That is the end of that.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
I do not know whether that is a good thing.
Emmet Stagg (Kildare North, Labour)
Link to this: Individually | In context
Deputy Higgins is being dumped on again.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
I am a partisan of agriculture myself.
Liz McManus (Wicklow, Labour)
Link to this: Individually | In context
Is that the colour of the Minister now?
Joanna Tuffy (Dublin Mid West, Labour)
Link to this: Individually | In context
Last night on "Prime Time" a young man who wished to set up a new business in a heritage development near the Grand Canal was interviewed. He could not get the back to work enterprise allowance because to be eligible he had to be on the dole for two years. Yet he had a good business proposal. Is there upcoming social welfare legislation to bring back the period during which one may qualify for back to work allowances including the enterprise allowances?
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
Is legislation promised in this area?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
I agree with Deputy Tuffy that we must examine these issues to ensure people who have ideas are not deprived of doing something because of the application of an unrelated rule.
Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context
When does the Taoiseach propose to transpose the temporary agency workers directive into legislation? When can we expect the Bill?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
Is the Deputy referring to the employment agency regulation Bill?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
That should be this session.
Joan Burton (Dublin West, Labour)
Link to this: Individually | In context
I wish to ask the Taoiseach about two European directives concerning financial services which were meant to be transposed into Irish regulations. The first is the payment services directive, due to be implemented in Ireland by November. There are companies such as Western Union, Flexco in Kerry and providers of services to these companies which require the directive to be implemented as soon as possible to retain service capacity in Ireland. The UK authorities propose to have its implementation of the directive in place with regulations by 1 May. The Department of Finance is unable to give an indication, other than to say it will do its best to have it some time by the autumn. In terms of job retention policy, there are probably 400 to 500 jobs in total between direct and support services between Dublin and Kerry in this area alone. Will the Taoiseach put in place someone in the Department of Finance to have this on a priority watch to ensure we are not beaten to it by the United Kingdom and that we do not again weaken our hold on job retention.
In the same vein, I asked the Taoiseach some weeks ago about the anti-money laundering directive which also must be transposed into Irish regulations. No party in the House has any difficulty with either of these regulations. There are firms employing significant numbers of people in financial services which, if the directives are not implemented, would have a difficulty with other EU countries in terms of competition. We will give the Taoiseach any support he needs in this area. Will he indicate if and when matters can be expedited to ensure we keep these jobs?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
Deputy Kenny raised the first point yesterday and I indicated to the House that the Tánaiste had met with representatives of these companies, or certainly with one of them. She indicated that she would take up the matter with the Department of Finance. It is my understanding that the Department has had a good record in ensuring we always get timely enactment of directives which have an employment content, or in which there is an importance attaching to an activity in Ireland, to ensure we do not create a competitive disadvantage vis-À-vis other jurisdictions which implement these directives as we must do. The payment services issue is something that will be taken in hand. The other directive is also important. I will take it up with the Minister concerned.
Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context
The Dublin Transport Authority Bill was passed several months ago but there is no sign of the organisation being established. Given the chaotic transport problems we have at present and the grotesque incompetence of the Minister sitting beside the Taoiseach, is it intended to bring forward the body, or are we to wait for other legislation?
Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context
That is not the correct Minister. It is the next one down.
Joan Burton (Dublin West, Labour)
Link to this: Individually | In context
It is the other one two places down.
Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context
I realise he is two places down. Must we continue to wait for the new road traffic and transport Bill?
We will not see the Taoiseach in the House again this week. All his agencies and civil servants are saying that a political decision is necessary in respect of saving jobs at SR Technics. That is the Taoiseach's decision.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
The Deputy has been allowed to raise that a number of times.
Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context
Will the Taoiseach take that decision? The ball is in his court.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
Deputy Broughan is saying that, not anyone else. In respect of the questions on the Dublin Transport Authority, I understand there is a recruitment process underway for the chief executive of that organisation.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
The Ceann Comhairle heard the Taoiseach's reply to my earlier question in connection with the recruitment embargo. He stated that all exceptions to the recruitment embargo would require the approval of the Minister for Finance. Do I take it, therefore, that as these issues arise, for example, there are nurses on short-term contracts which must be renewed, and where parliamentary questions are tabled arising from these decisions, that such questions should now be addressed to the Minister for Finance? Is my understanding of the position correct?
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
I cannot tell the Deputy exactly who will be answering the questions. The questions should be answered, whether by a line Department or the Department of Finance. The officials in the Department of Finance give consent to the appointment of these employees if they are to be reappointed. Presumably, the question of the detail would relate to the line Department.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
I am sorry to labour the point, but I have seen the circular sent by the Department of Finance to every Department. It is manifestly clear from the circular that the line Departments have no discretion whatever on this matter.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
I am not suggesting they have; I am saying the ultimate discretion lies with the Minister for Finance.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
Practical issues are coming up all the time. Some of these short-term contracts are expiring. Our attention has already been drawn to instances where services are being affected as a consequence of the contract not being renewed, whether for a nurse or a care worker. The issue of whether it will be renewed arises. The Taoiseach told us, the circular from the Department of Finance emphasised and the notes on the website state that all exceptions to the embargo must be approved by the Minister for Finance. We will have a duty as Members of the House to table parliamentary questions in respect of some of these individual contracts and where such cases arise. I wish to establish to which Minister we should address those questions. There is no point in addressing them to the line Minister if the line Minister has no say in the matter.
Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context
The purpose of the question is to elicit information. The information sought would be whether consent has been granted. The people who would have that information available to them would be either Minister.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
Let us suppose I wish to table a question — the Taoiseach should bear with me as we still have some parliamentary rights — to a Minister asking if he or she will grant an exemption for, let us say, a contract nurse or a contract care worker or whatever in a given hospital or a given part of the service. There is no point in my addressing that question to the Minister for Health and Children who may have no decision making authority on the matter. I am simply asking the question. It is probably a matter for the Ceann Comhairle to consider and perhaps I should let him have——
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
——something to say on it. There is no point asking a Minister if that Minister cannot decide. Should all such questions now go to the Minister for Finance?
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
If it is helpful to Deputy Gilmore, the position is that if the line Minister is not in a position to reply to a given question it is open to that Minister to then transfer that question to the Minister for Finance for what I would describe as a collective response.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
The Taoiseach replied that only the Minister for Finance can decide this matter. If I ask the Minister whether he will, for example, approve the renewal of certain contracts in the health service, will the Ceann Comhairle allow the question?
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
As I understand it, the question must be addressed to the line Minister in the first instance.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
The line Minister has no responsibility.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
If the line Minister is not in a position to reply to a given question, it is open to him or her to transfer it to the Minister for Finance——
Pádraic McCormack (Galway West, Fine Gael)
Link to this: Individually | In context
Irrespective of whether he answers.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
——who will reply to the question. The transfer of any given question is not a matter for the Chair, but for the Government. The procedural outline that I have provided is the correct one.
Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context
It sounds like a lot of paperwork.
Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context
And a lot of wasted time.
John O'Donoghue (Kerry South, Ceann Comhairle)
Link to this: Individually | In context
That is the way it is.