Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. a11, National Asset Management Agency Bill 2009 – Financial Resolution; and No. 24, National Asset Management Agency Bill 2009 - Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; No. a11 shall be decided without debate; and in the event that a division is in progress at the time fixed for taking Private Members' business, which shall be No. 70 – motion re mortgage arrears (resumed), Standing Order 117(3) shall not apply and the proceedings thereon shall be brought to a conclusion after 90 minutes tonight.

Séamus Kirk (Louth, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. tonight agreed to? Agreed. Is the proposal for dealing with No. a11 agreed to?

Enda Kenny (Mayo, Fine Gael)
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What is the purpose of the financial resolution, No. a11? We understood Report and Final Stages of the National Asset Management Agency Bill were to be taken today.

Brian Cowen (Laois-Offaly, Fianna Fail)
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It allows us to proceed with the imposition of a windfall tax provision in the Bill.

Enda Kenny (Mayo, Fine Gael)
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Would it not be appropriate for that matter to be discussed? Is it possible to discuss that element on Report Stage? Will the Minister introduce an amendment on Report Stage to deal with the windfall tax?

Séamus Kirk (Louth, Ceann Comhairle)
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The advice is that it will be dealt with on Report Stage. There is probably an amendment dealing with it.

Enda Kenny (Mayo, Fine Gael)
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Does that mean the Minister for Finance will introduce an amendment specifically on the windfall tax on Report Stage?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Yes.

Enda Kenny (Mayo, Fine Gael)
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I am not clear why it is necessary to have it discussed as a financial resolution without debate if it is coming in as an amendment for full debate on Report Stage.

Séamus Kirk (Louth, Ceann Comhairle)
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I advise the Deputy that under Standing Orders a resolution is required to have the matter dealt with.

Joan Burton (Dublin West, Labour)
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On the same matter, is it intended to recommit those significant new sections that are in the Bill, for example, section 135, dealing with the windfall tax, and section 129, dealing with the surcharge. If it is just introduced on Report Stage, there is very little opportunity to discuss it. If the Minister does not intend to recommit in order to allow those kinds of amendments to have a Committee Stage-style discussion, the Labour Party proposes to call a vote at whatever time they are reached in order to provide for a Committee Stage discussion.

Séamus Kirk (Louth, Ceann Comhairle)
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I advise the Deputy that where there is a provision such as is proposed here, it will be necessary to recommit. That will be provided for in the debate.

Joan Burton (Dublin West, Labour)
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Is the Ceann Comhairle suggesting that the Minister will provide for the recommittal of those new amendments to a Committee Stage-style discussion? There are a number of other significant amendments but those two are probably the best known, namely, that dealing with the proposed windfall tax and that dealing with the proposed surcharge in regard to bank profits rather than the levy. Can the Government indicate-----

Séamus Kirk (Louth, Ceann Comhairle)
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Under Standing Orders, we are obliged to recommit in those circumstances.

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

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Despite the importance of the National Asset Management Agency Bill, the proposition has been put to the House that this financial resolution is to be adopted without debate. There is no such thing as parking it and coming back to talk about it after the event. We should have the opportunity to address this matter now. The Order of Business states: "No. a11 shall be decided without debate." It should not be decided without debate. As with all other aspects of the National Asset Management Agency Bill, it should be properly addressed and closely scrutinised.

It is wrong that this matter is being presented and we are not being allowed the opportunity to properly address what is entailed in regard to the windfall tax or any other matter pertaining to this resolution which is being put forward. It should be addressed. All resolutions that have a financial context require very careful scrutiny and discussion on the floor of this Chamber. We oppose it proceeding without debate.

Brian Cowen (Laois-Offaly, Fianna Fail)
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There may be some misunderstanding. As I understand it, the need for the moving of the financial resolution is that it may incur a cost to the public. Moving the resolution allows us to enable the issue to be discussed on Report Stage. It is to facilitate the discussion that the resolution is being put.

Séamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with No. a11 agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed. I call Deputy Kenny on the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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Is there any indication of the date for the special EU summit to make arrangements for the appointment of a President of the Council?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Not yet.

Enda Kenny (Mayo, Fine Gael)
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In view of the fact that approximately 20 countries have put forward their candidates for Commissioner, when does the Taoiseach expect to make an announcement regarding the nomination for a Commissioner from this country to the Commission?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Government will finalise that issue soon.

Enda Kenny (Mayo, Fine Gael)
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Will it be this week?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It will be soon.

Bernard Durkan (Kildare North, Fine Gael)
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That is a groundbreaking announcement.

Eamon Gilmore (Dún Laoghaire, Labour)
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The Civil Partnership Bill was published in June but has not yet been brought before the House. Is it still intended, as was announced, that this Bill will be brought before the House and debated before Christmas?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand the Chief Whip hopes to be able to bring it to the House later this month, subject to agreement.

Ruairi Quinn (Dublin South East, Labour)
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The Student Support Bill, which would improve and reform the way in which third level grants are administered and delivered to students who need them and who qualify for them, passed Second Stage in June 2008. The Department of Education and Science stated it wished to bring forward some amendments. I know it is a slow Department in many respects but can the Taoiseach indicate when it is expected that Committee Stage of this Bill will be taken? There is much concern among the student community about this matter.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that work is still ongoing. Unfortunately, I cannot be any more specific but I will make inquiries and communicate with the Deputy.

Ruairi Quinn (Dublin South East, Labour)
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Would it be correct to assume that the Department of Education and Science has applied to do a repeat of the exam?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is continuous assessment.

Kathleen Lynch (Cork North Central, Labour)
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In view of the Supreme Court decision yesterday in regard to the Equal Status Act, is it the intention of the Taoiseach or the responsible Minister to review that Act with a view to putting in place the type of amendments the Supreme Court has suggested? On a second matter, will we deal with the Mental Capacity Bill before Christmas or will that be in the new year?

Brian Cowen (Laois-Offaly, Fianna Fail)
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The latest information on the Mental Capacity Bill is that it is assumed it will be dealt with next year. In respect of any recent court judgments, they will have to studied and considered as to whether there are any implications.

Dan Neville (Limerick West, Fine Gael)
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When will the mental health (amendment) Bill be introduced? I want also to raise the issue of the alarming increase in suicides in the first three months of this year, which showed a 43% increase over last year. The Taoiseach's predecessor allowed for a two-hour debate in the House in Government time. Would the Taoiseach consider a similar debate?

Brian Cowen (Laois-Offaly, Fianna Fail)
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That is a matter for the Whips. I am aware of the Deputy's long interest in this issue. With regard to the legislation, I believe 2010 will be the earliest date.

Bernard Durkan (Kildare North, Fine Gael)
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There is legislation promised to consolidate and modernise financial legislation in accordance with the Government's "better regulation" agenda. The front of the Bill states: "Publication expected: Not possible to indicate at this stage." I discovered that 35 Bills are proposed for 2010, yet there is no status indicated for 21 of them at this stage. Since progress this year has been relatively poor and since there is very little time left in the legislative calendar, will any special plan be put in place to bring in urgently required Bills, such as the financial legislation to which I referred?

Brian Cowen (Laois-Offaly, Fianna Fail)
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We are working on 20 Bills from the A list in this session and they have priority. These are the Bills that we wish to deal with first. There is progress on other Bills that are in the works. The A list represents the immediate work ahead, and the other work will have to await that.

Joe Costello (Dublin Central, Labour)
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I did not hear the reply given to Deputy Kenny on speculation about the date for the next EU summit. I understand that it is normal practice that there would be a debate on the previous summit the following week. When will there be such a debate on the summit that took place last week? Issues such as unemployment were discussed, and these issues are important to this country.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand the Whips will today discuss the business for next week, so it could well be taken then.

Joe Costello (Dublin Central, Labour)
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Why not discuss the two summits together?

Brian Cowen (Laois-Offaly, Fianna Fail)
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We are waiting to hear from the Swedish Presidency on what will happen.

James Bannon (Longford-Westmeath, Fine Gael)
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Given the Government's abject failure to tackle climate change, surely the Taoiseach or even the Green Party will consider it important to fast-track the climate change Bill. When can we expect its publication?

Bernard Durkan (Kildare North, Fine Gael)
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It might encourage the Green Party Members to come into the House as well.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that it will be published in 2010.

James Bannon (Longford-Westmeath, Fine Gael)
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The Taoiseach will have a busy year next year.

Michael D Higgins (Galway West, Labour)
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When will Ireland be in a position to ratify the United Nations convention on the rights of the disabled?

Brian Cowen (Laois-Offaly, Fianna Fail)
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I will have to come back to the Deputy on that. I do not have detailed information on these convention issues, but I will try to rectify that in the future.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Notwithstanding the large volume of work in the justice area, what is the current situation on legislation to reform the system of wards of court? The intention is to replace the current Office of the Wards of Court with a body that will safeguard in a transparent way the rights of persons who are not in a position to make decisions for themselves and whose capacity is in doubt.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am not sure if that aspect of policy will be included in the mental capacity Bill. I will have to come back to the Deputy on it.

Tom Hayes (Tipperary South, Fine Gael)
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I would like to speak about the issue of job creation and the worry this is causing people with no job. I have a letter here that I received from a constituent this morning.

Séamus Kirk (Louth, Ceann Comhairle)
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Does the Deputy have a question on legislation?

Tom Hayes (Tipperary South, Fine Gael)
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I do, but this is about what is happening to people. The letter states: "In September I completed a thesis for my masters in business, and I also have a degree in public administration. Unfortunately, since graduating I have been unable to get a job."

Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should put this down for the Adjournment debate.

Tom Hayes (Tipperary South, Fine Gael)
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Can the Taoiseach allocate one day's business in the Dáil to discuss nothing but job creation and how to bring in a proper stimulus package for all those young people who are leaving college and who need some hope? This House should give one day-----

Séamus Kirk (Louth, Ceann Comhairle)
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There are several other ways to raise this matter.

Tom Hayes (Tipperary South, Fine Gael)
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It is in all our interests to help those people. Will the Taoiseach consider doing this at some stage?

Kathleen Lynch (Cork North Central, Labour)
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Will there be many employment opportunities with NAMA? Could the young people apply for that?

Brian Cowen (Laois-Offaly, Fianna Fail)
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In the next few weeks, a pre-budget statement will be made in the House and there will be an opportunity for everybody to put forward their views on all these matters.

Lucinda Creighton (Dublin South East, Fine Gael)
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There is an article in The Irish Times today which goes into detail on the Residential Tenancies Act and the amending legislation that is proposed. When will this amending legislation be published? The Minister of State, Deputy Michael Finneran, is proposing a six month limit for resolving disputes with the PRTB and that is far too long. It is a significant burden on both tenants and landlords. Allowing such a long timeline will not solve the problem.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The Bill was published in January 2009. I do not know of the article in question, but I will ask the Minister of State to get in touch with the Deputy on the issue.