Dáil debates
Thursday, 7 May 2009
Order of Business (Resumed)
10:30 am
Mary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. 1, Harbours (Amendment) Bill 2008 [Seanad] - Second Stage. Private Members' Business shall be No. 69, motion regarding special educational needs (resumed) to be taken after the Order of Business and to conclude after 90 minutes, if not previously concluded.
John O'Donoghue (Kerry South, Ceann Comhairle)
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There are no proposals to put to the House today.
Enda Kenny (Mayo, Fine Gael)
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In normal circumstances I would wish the Tánaiste a happy anniversary. It is just a year since the change in the senior personnel in Government. Deputy Coughlan is now the Tánaiste in the worst Government in the history of the State.
Dick Roche (Wicklow, Fianna Fail)
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The Deputy has a short memory.
Enda Kenny (Mayo, Fine Gael)
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She has presided over the most rapid rise in unemployment ever. If the Minister of State, Deputy Roche, wants to laugh about it while the Taoiseach says we are heading towards having 500,000 people out of work-----
Enda Kenny (Mayo, Fine Gael)
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If Deputy Johnny Brady thinks it is a laughing matter, he should go down to County Meath and tell the people there about it.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny without interruption.
Enda Kenny (Mayo, Fine Gael)
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If they think the failure of every single Minister to do anything about employment is a laughing matter, they will get their answer on 5 June when those people go to vote in their constituencies.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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This is the most incompetent and worst Government in the history of the State.
Billy Timmins (Wicklow, Fine Gael)
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It is like "The Muppet Show" over there.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny on the Order of Business.
Enda Kenny (Mayo, Fine Gael)
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Does the Tánaiste wish to make any comment about her own Ministry which has failed miserably?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows as well as I do that there are no Leaders' Questions allowed on a Thursday morning and there is little I can do about that.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Members of the House make the Standing Orders and I merely comply with them.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I must ask the Deputy to comply with them also.
Enda Kenny (Mayo, Fine Gael)
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You, a Cheann Comhairle, sit in the Chair of adjudication in this House where the Government has treated this House with contempt. Members of the Government do not want to be in here. They do not want to answer any questions, or have any accountability or responsibility for the powers vested in them.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should ask a question that is in order.
Enda Kenny (Mayo, Fine Gael)
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Let me return to something that is in order. The finance Bill is to be published today. Will the Tánaiste confirm that people who lost their jobs in the earlier part of the year and received redundancy payments will not be hit by additional income levies in today's finance Bill? Will this finance Bill deal with the problem of mortgage interest relief?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The contents of the finance Bill cannot be discussed on the Order of Business.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is asking about the contents. The Deputy has long experience and knows exactly what he is saying.
Enda Kenny (Mayo, Fine Gael)
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You are very fast off the mark this morning, a Cheann Comhairle.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am not, actually. I am being very patient. I am saying to the Deputy that he must have a question that is in order, which is a fair point for the Chair to make.
Enda Kenny (Mayo, Fine Gael)
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I want to know, because the biggest failure of the Government has been its failure to give reassurance about the future. It has caused terror economically among people who do not know whether they are to be faced with-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should ask a question that is in order.
Enda Kenny (Mayo, Fine Gael)
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-----water charges, property rates, third level education fees, further income levies or whatever.
John O'Donoghue (Kerry South, Ceann Comhairle)
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I cannot keep going like this.
Enda Kenny (Mayo, Fine Gael)
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Will the finance Bill deal with the problem the Government now has of the structure of mortgage interest relief. Many families are losing up to €75 a week? Will it deal with that?
Does the Tánaiste have any concern over the consequences of a price war, which may well result in serious-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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That is three in a row, and they are all out of order.
Enda Kenny (Mayo, Fine Gael)
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Hold on a second, a Cheann Comhairle. This may result in serious job losses in the food production industry here.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will need to propose that the Standing Orders of the House be changed because none of those points is in order.
Enda Kenny (Mayo, Fine Gael)
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I am not sure if the Ceann Comhairle had his early morning walk this morning.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is not asking anything that is in order.
Enda Kenny (Mayo, Fine Gael)
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Does the Tánaiste intend to introduce fair trade legislation to protect the many jobs of the 230,000 workforce involved in the production of Irish food?
Mary Coughlan (Donegal South West, Fianna Fail)
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I indicated previously that if we did not see a reduction in prices I would consider legislative measures. However, while there have been announcements on the reduction in prices, I welcome what has been said publicly that this would not be to the detriment of Irish suppliers. However, the Minister for Agriculture, Fisheries and Food and I will keep a very keen eye on the situation. I agree with the Deputy that the issue of assurance to our suppliers is very important if we are to have opportunities to support the food sector. At the same time it is equally opportune that we see reductions in prices.
Joan Burton (Dublin West, Labour)
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What is the status of proposed legislation to establish NAMA as a toxic bank for failed loans to developers? It has been reported in the media that the Minister has appointed a shadow chief executive to NAMA. We have obtained independent legal advice that it is not possible for a shadow NAMA to function because under the terms of the laws dealing with the Financial Regulator there is no permission to divulge confidential information on bank loans or on the banks' books to anybody other than the authorities designated in the legislation. A shadow NAMA was described as scoping the extent of the problem and the valuation of the banks' debts. We have very clear legal advice indicating that is not legally possible. Does the Government propose to introduce legislation in respect of NAMA and, if so, when? Has the Government received advice from the Attorney General on the creation of this shadow NAMA authority, which will eventually cost the taxpayer, according to the IMF, between €25 billion and €40 billion if it is done wrongly?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy has made her point.
Joan Burton (Dublin West, Labour)
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That is my first issue. I wish to ask the Tánaiste about a number of pieces of legislation. I wish to ask about the bilateral arrangements and the legislation governing the protection of children. I know the Tánaiste will be sympathetic to this. It is in the matter of foreign adoptions, particularly those involving the Republic of Vietnam and Russia. As the Tánaiste probably knows the bilateral arrangements for thousands of Irish couples, many of whom have spent five to six years in the adoption process getting vetted, are now at a standstill. The bilateral arrangement with Vietnam expired on 1 May mainly because the Government did not have a sufficiently high-level contact between the Government and the Vietnamese Government. The issue with Russia relates to the post-adoption contact and supervision required by the Russian authorities. The administrative arrangements put in place by the HSE and the Adoption Board of Ireland are inadequate. I ask the Tánaiste to personally undertake to investigate this as a matter of urgency.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy has made her point now.
Joan Burton (Dublin West, Labour)
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We have Ministers circumnavigating the globe. A Minister or Minister of State should go to Vietnam and Russia.
11:00 am
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is beginning to circumnavigate, herself. I must ask the Tánaiste to reply.
Joan Burton (Dublin West, Labour)
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My third issue relates to the proposal contained in the previous budget to merge the National Consumer Agency and the Competition Authority. This matter is in the Tánaiste's Department. Mr. Eddie Hobbs tendered his resignation to the National Consumer Agency, NCA. What does the Tánaiste propose to do? A series of quangos were to be merged, but we have heard nothing more about it. What is the current position in respect of the merger of the Competition Authority and the NCA?
Mary Coughlan (Donegal South West, Fianna Fail)
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The Government is working on the issue of the NAMA legislation and has been advised by the Attorney General that it will be published this session.
The matter of the bilateral agreement has been dealt with by the Taoiseach and the Minister of State, Deputy Barry Andrews. We are actively progressing it as quickly as possible-----
Jim O'Keeffe (Cork South West, Fine Gael)
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The Government must do better than it has been doing.
Mary Coughlan (Donegal South West, Fianna Fail)
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-----while appreciating the absolute necessity of ensuring and assuring that not just parents, but-----
Enda Kenny (Mayo, Fine Gael)
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The Minister of State has failed completely to deal with it.
Mary Coughlan (Donegal South West, Fianna Fail)
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-----children are protected. Regarding the legislation in my Department, I hope to have it by this session if possible. It has to do with the amalgamation of the NCA and the Competition Authority.
Joan Burton (Dublin West, Labour)
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I have two questions. Will the Government send a Minister to Vietnam to sort out the issue, as that is what is required?
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into that matter now. In any event, a number of Deputies have submitted it for an Adjournment debate this evening.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Government has left matters lying around for over a year and has done nothing about it.
Joan Burton (Dublin West, Labour)
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The Government has no legal authority to set up a shadow NAMA agency, which will dwarf the cost-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot have an argument about that now. The Tánaiste can only answer the question asked. I must call on Deputy Crawford.
Joan Burton (Dublin West, Labour)
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-----of all other proposals that any Government has entertained.
John O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Burton must raise the matter in another way. We have had ample opportunity. Deputy Crawford is next.
Joan Burton (Dublin West, Labour)
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It will cost the taxpayer between €25 billion and €40 billion.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste has answered the questions inasmuch as she can.
Joan Burton (Dublin West, Labour)
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Has the Tánaiste received legal advice on the shadow NAMA authority?
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I wish to raise three issues. In light of the fact that a 93 year old blind person's home carer will not be replaced while the carer is in hospital, when will the eligibility for health and personal social services Bill be introduced? It is vital that this issue be covered.
Since we in County Monaghan have been promised that no hospital services will be removed until services that are as good as those available, or better, when will the health information Bill be introduced so that we can be told the truth?
Last, but by no means least, I asked a couple of weeks ago whether any effort would be made to hold a full debate on the collapse in agriculture, particularly the dairy sector. I was promised that it would be considered. In light of the fact that the Tánaiste is back in her old haunt with the president and general secretary of the IFA, will she give the House some idea as to whether the issue can be addressed as a matter of urgency?
Mary Coughlan (Donegal South West, Fianna Fail)
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On the first two Bills, we are not in a position to say when they will be available. Any debates promised are a matter for consideration between the Whips.
Billy Timmins (Wicklow, Fine Gael)
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I wish to raise two issues. Some time ago, the Taoiseach gave a commitment to hold a second referendum on the Lisbon treaty in the autumn. When can we expect a referendum Bill before the House? This must be done shortly if the Taoiseach is to stick to the timeframe.
A Fine Gael Party delegation under our leader, Deputy Enda Kenny, visited Israel and Palestine in recent weeks. We saw some disturbing things. Will the Tánaiste agree to allowing a few hours next week for statements on the situation in Gaza and the West Bank?
John O'Donoghue (Kerry South, Ceann Comhairle)
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On the first matter. The second is not in order.
Mary Coughlan (Donegal South West, Fianna Fail)
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The referendum Bill will be this session. We will accommodate statements, if the Whips can agree.
Jan O'Sullivan (Limerick East, Labour)
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I will be entirely in order. The Adoption Bill is due to come to the House from the Seanad. It relates to the question of Vietnam and Russia. If we can deal with it as speedily as possible, the long-term situation will be helped. When does the Tánaiste expect the Bill to be before this Chamber and does she expect it to be enacted before the summer recess?
Mary Coughlan (Donegal South West, Fianna Fail)
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As the Deputy has indicated, the Bill is before the Upper House, where we hope to have Report Stage next week. This would allow the Bill to be debated in this House as quickly as possible. I would like to do it this session.
Joe Costello (Dublin Central, Labour)
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Regarding the companies that manage apartments and the deterioration in the situation, given the recession and the fact that so many apartment owners are unemployed and defaulting on exorbitant management company fees, services are being cut drastically. The first thing to go is the lift. Since lifts are not working, pregnant women must climb stairs-----
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy knows that we cannot discuss that matter on the Order of Business. He must ask about legislation.
Joe Costello (Dublin Central, Labour)
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-----in five, six or seven-storey buildings in my constituency. Cleaning is not being done. When will the regulation of management companies Bill be introduced?
Mary Coughlan (Donegal South West, Fianna Fail)
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We will have it this session.
James Reilly (Dublin North, Fine Gael)
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There are two issues. Will the planning and development Bill, which is on the clár, address management companies and the councils' failure to take estates in charge? As Deputy Costello has pointed out, services are deteriorating and estates are being led by management companies five, six, seven or eight years after their completion.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The point has been made.
Mary Coughlan (Donegal South West, Fianna Fail)
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The multi-unit developments, MUDs, Bill is complex. We had hoped to bring it to finality this week-----
Emmet Stagg (Kildare North, Labour)
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It has taken the Government four years to get this far.
Joe Costello (Dublin Central, Labour)
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The Government has been talking about it for the past five years.
Mary Coughlan (Donegal South West, Fianna Fail)
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-----with a view to it being before the House in this session. The planning Bill will be introduced this session.
Joe Costello (Dublin Central, Labour)
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Will it definitely be this session?
Mary Coughlan (Donegal South West, Fianna Fail)
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Yes, even if it kills me.
Mary Upton (Dublin South Central, Labour)
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In 1999, a lung transplant unit was set up in the Mater Hospital. Since then, it has carried out just one cystic fibrosis lung transplant. Some 14 young adults are on the unit's waiting list, which is static. What is occurring and why?
John O'Donoghue (Kerry South, Ceann Comhairle)
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I am afraid that the Deputy must raise this matter with the Minister for Health and Children.
Mary Upton (Dublin South Central, Labour)
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When will the human tissue Bill be enacted?
Mary Coughlan (Donegal South West, Fianna Fail)
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We do not have a date for the human tissue Bill.
Seán Sherlock (Cork East, Labour)
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In light of the Minister for Agriculture, Fisheries and Food's visit of a few months ago to the Joint Committee on Agriculture, Fisheries and Food, where he wielded a draft animal health and welfare Bill, when will it be published?
Given the laying before the House of the Financial Services Ombudsman's report and in light of the Minister for Finance's announcement in the last budget that Sir Andrew Large would be appointed to oversee the regulatory framework for financial services, has his appointment been made and have meetings between the said gentleman and the Minister occurred?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste should not answer the last question, as we cannot discuss appointments now.
Mary Coughlan (Donegal South West, Fianna Fail)
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On the agricultural legislation, the matter has not been finalised. It is a large Bill on which there is ongoing consultation.
Shane McEntee (Meath East, Fine Gael)
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Is the Tánaiste aware that the cheapest loan available to any small business from the four banks that we have propped up has an interest rate of 4.8%? The people who borrowed billions of euro to buy property outside the country have a rate of 2.1%.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must ask a question on legislation.
Shane McEntee (Meath East, Fine Gael)
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Until such time as the Minister for Finance ensures the fair treatment of all businesses, it will not be safe.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy understands that we cannot go into that matter now.
Shane McEntee (Meath East, Fine Gael)
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It is covered in the Finance Bill and is truthful. A rate of 4.8% is the cheapest at which most people can get money, but the people with the large borrowings can get a rate of 2.1%.
Bernard Durkan (Kildare North, Fine Gael)
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Hear, hear. Well done.
John O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot go into the detail of the issue now. I strongly suggest that the Deputy visit the legislation when it arrives and when there is a discussion on it.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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On promised legislation and given my understanding that the Tánaiste is to withdraw funding from the valuable Skillnets programme, which provides training and reskilling to workers, will she indicate when No. 3, the industrial relations (amendment) Bill, will be tabled in the House and will she rescind this additional cutback?
Mary Coughlan (Donegal South West, Fianna Fail)
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The legislation will be this session.
Bernard Durkan (Kildare North, Fine Gael)
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I am not sure that the Tánaiste is fully aware of the scope of the aforementioned planning and development Bill. Will she indicate to the House whether the Bill has been discussed in Cabinet, the heads have been agreed or when that is likely to occur? I am trying to encourage the Green Party Ministers into the House so that they can be involved in this legislative area. I would like an answer to my question on promised legislation, namely, No. 7.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The question has been answered already.
Mary Coughlan (Donegal South West, Fianna Fail)
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It will be published this session.
Bernard Durkan (Kildare North, Fine Gael)
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That does not answer my question. Have the heads of the Bill been discussed in Cabinet and have they been approved?
Mary Coughlan (Donegal South West, Fianna Fail)
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Of course they have.
Bernard Durkan (Kildare North, Fine Gael)
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Why will the Tánaiste not answer this question?
Mary Coughlan (Donegal South West, Fianna Fail)
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One cannot publish a Bill unless the heads have been passed by the Cabinet.
Bernard Durkan (Kildare North, Fine Gael)
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No, that was not my question. I said-----
Mary Coughlan (Donegal South West, Fianna Fail)
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This is the question the Deputy asked me.
Bernard Durkan (Kildare North, Fine Gael)
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Have the heads been discussed in Cabinet?
Mary Coughlan (Donegal South West, Fianna Fail)
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Of course they have.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Chair is attempting to snooker the Deputy.
Bernard Durkan (Kildare North, Fine Gael)
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The next item is closer to the Ceann Comhairle's heart and he will be delighted I am raising it. The greyhound industry (amendment) Bill is to give effect to the recommendations of the Dalton report and it has been running around for a considerable time.
Brendan Smith (Cavan-Monaghan, Fianna Fail)
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It is not out of the traps yet.
Bernard Durkan (Kildare North, Fine Gael)
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The Government's legislative programme states that publication is expected in late 2009. Has this Bill been discussed in Cabinet? It has been around for sufficiently long whereby it should have been discussed by someone somewhere.
Joan Burton (Dublin West, Labour)
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Those dogs are still running.
Bernard Durkan (Kildare North, Fine Gael)
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Perhaps the Tánaiste will enlighten the House as to whether the heads have been approved, or if the Bill already has been discussed in Cabinet and if not, why not. If this item is so vague, why does it appear on the Order Paper?
Mary Coughlan (Donegal South West, Fianna Fail)
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It has been approved and it will published during the next session.
Finian McGrath (Dublin North Central, Independent)
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Just after the election.
James Reilly (Dublin North, Fine Gael)
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Last week, 398 people were lying on trolleys and last year, 216,000 bed days were lost, which is the equivalent of St. James's Hospital being closed for a year.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must address this matter to the Minister for Health and Children.
Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister for Health and Children cannot be seen.
James Reilly (Dublin North, Fine Gael)
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When will the Nursing Homes Support Scheme Bill, which has been repeatedly promised in the past, return to this House and when will its provisions be put in place? I hope it will address the issue of such delayed discharges. There are 250 unused beds available within the community in the greater Dublin area.
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Tánaiste, on the Nursing Homes Support Scheme Bill.
Mary Coughlan (Donegal South West, Fianna Fail)
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The Bill is on Report Stage and the Government hopes its passage will be completed this session.
Joanna Tuffy (Dublin Mid West, Labour)
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As for the issue of management companies and managing agents, I do not know whether the Government is aware of a recent court case. My understanding is that it found that the Private Residential Tenancies Board has a role in adjudicating between apartment owners and management companies. This is because a legal landlord-tenant relationship was judged to exist between apartment owners and management companies. Is the Government aware of this judgment and how does it affect the planned legislation pertaining to management companies and agents?
John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy must discuss that when the legislation comes up because the House cannot discuss its contents now.