Dáil debates
Tuesday, 6 July 2010
Order of Business
4:00 am
Brian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. 16, Criminal Justice (Psychoactive Substances) Bill 2010 [Seanad] - Committee and Remaining Stages and No. 1, Údarás na Gaeltachta (Amendment) Bill 2010 [Seanad] - Second and Remaining Stages.
It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10 p.m.; (2) the proceedings on the Committee and Remaining Stages of No. 16 shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight by one question, which shall be put from the Chair and which shall, in regard to amendments, include only those set down or accepted by the Minister for Justice, Equality and Law Reform; (3) Private Members' business, which shall be No. 75, motion re economic issues, shall be taken at 7 p.m. tonight, or on the conclusion of No. 16, whichever is the later, and shall be adjourned after 90 minutes; and (4) the Second and Remaining Stages of No. 1 shall be taken tonight and the following arrangements shall apply: (i) the proceedings on the Second Stage shall, if not previously concluded, be brought to a conclusion after one hour; the opening speeches of a Minister or Minister of State and of the main spokespersons for Fine Gael and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes and (ii) the proceedings on the Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 10 p.m. tonight by one question which shall be put from the Chair and which shall, in regard to amendments, include only those set down or accepted by the Minister for Community, Equality and Gaeltacht Affairs.
Séamus Kirk (Louth, Ceann Comhairle)
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There are four proposals to put to the House. Is the proposal for the late sitting agreed to?
Finian McGrath (Dublin North Central, Independent)
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Bring it on next week.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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No. Before agreeing to this proposition, I appeal to the Taoiseach to consider that tomorrow, on the eve of our rising for the summer recess, we will see back on the streets of our capital city under the aegis of Inclusion Ireland people with physical and intellectual disabilities, their carers and families in protest-----
Séamus Kirk (Louth, Ceann Comhairle)
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With all due respect, that is not related to this proposal.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is. I am making a proposal to amend the Order of Business. Will the Taoiseach, in the presence of the Minister of State with responsibility for this sector, Deputy John Moloney, consider allowing additional time tonight to address this serious issue? Deputy McCormack and I raised this matter under Standing Order 32 and I have no doubt Deputies across the floor of the House want to address this serious matter and the Minster of State is willing to address it. We are finishing at 10 p.m. and there will be late sittings before the Dáil rises on Thursday, for example, tomorrow night. Can we not afford the same opportunity this evening to address the issue of the further curtailment of essential services for people with disabilities, in particular, children with severe intellectual disability, before the protest arrives on the streets of Dublin and at the gates of the House tomorrow? We should do this business tonight. I propose that we extend the sitting by an hour to accommodate that opportunity and I appeal to the Government to accommodate it.
James Reilly (Dublin North, Fine Gael)
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I support this call. The cuts taking place in Limerick, Dublin and the Brothers of Charity in Galway-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Order of Business does not contemplate this. We simply cannot accommodate a debate on the Order of Business on the matter.
James Reilly (Dublin North, Fine Gael)
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Will the Ceann Comhairle give the Taoiseach an opportunity to reply to the request?
Séamus Kirk (Louth, Ceann Comhairle)
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This is not the place. There should be brief questions on the Order of Business
James Reilly (Dublin North, Fine Gael)
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The Taoiseach has control over the business of the House. People looking after adult children and saving the State considerable money are being put at risk because they will have no respite or break from the care they give 24-7. They will break down. I met many of these parents in Galway yesterday and they are at the end of their tether. They are getting on in years. We will end up losing money in this regard as a State as these adult children will end up in long-term care because their parents will no longer be able to cope.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy has made his point.
James Reilly (Dublin North, Fine Gael)
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I appeal to the Ceann Comhairle to ask the Taoiseach to allow the House to discuss this issue tonight. These people will be in Dublin tomorrow and they will on the streets on Galway and Limerick as well. This is a national issue that requires a national response.
James Reilly (Dublin North, Fine Gael)
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Of the €15 billion spent by the Department of Health and Children and the HSE, we have to find the money to protect the most vulnerable in our society.
Séamus Kirk (Louth, Ceann Comhairle)
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An amendment to the Order of Business, when it introduces a new matter, is not in order. It is the Taoiseach's prerogative to list the business to be taken.
James Reilly (Dublin North, Fine Gael)
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Will he make this his prerogative?
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On a point of order-----
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should resume his seat. He has spoken once.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On a point of order, if Standing Orders will not allow the proposition, I make a direct appeal to the Taoiseach to accommodate this request, which I have no doubt will have the support of Members on all sides of this Chamber. I ask him to respond accordingly.
Brian Cowen (Laois-Offaly, Fianna Fail)
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These matters are being worked on by the Minister of State, Deputy Moloney, over the course of this week anyway.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is not an answer.
James Reilly (Dublin North, Fine Gael)
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The Minister of State is not doing the business.
The Dail Divided:
For the motion: 71 (Dermot Ahern, Michael Ahern, Noel Ahern, Chris Andrews, Bobby Aylward, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Seán Connick, Brian Cowen, Ciarán Cuffe, John Curran, Noel Dempsey, Jimmy Devins, Timmy Dooley, Frank Fahey, Michael Finneran, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Noel Grealish, Mary Harney, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Tony Killeen, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Jim McDaid, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, Martin Mansergh, Micheál Martin, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, John O'Donoghue, Noel O'Flynn, Rory O'Hanlon, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Mary Wallace, Mary White, Michael Woods)
Against the motion: 69 (Bernard Allen, James Bannon, Joe Behan, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Paul Connaughton, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Fergus O'Dowd, John O'Mahony, Brian O'Shea, Maureen O'Sullivan, Willie Penrose, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton, Leo Varadkar, Jack Wall)
Tellers: Tá, Deputies John Curran and Niall Blaney; Níl, Deputies Emmet Stagg and Joe Carey
Question declared carried
5:00 am
Séamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with No. 16, Criminal Justice (Psychoactive Substances) Bill 2010 agreed to?
Enda Kenny (Mayo, Fine Gael)
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It is not agreed. The reason it is not agreed is that I understand there are approximately 80 amendments. One of these amendments is key to what the Government proposes, the method by which head shops can be closed down. I am informed by Deputy Shatter that the Government is using a very circuitous route indeed. A range of Deputies wish to speak on this Bill. It is not possible to deal with 80 amendments in the time allocated and for that reason, and because of the importance of finding a better way than the Government proposal to deal with this conclusively and swiftly, I object to the Bill being guillotined.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Labour Party is opposed to the use of the guillotine on this Bill. This is an example of the serial application of the guillotine by Government in the last couple of weeks before the summer recess. It is not a good way to make law. As Deputy Kenny said, it does not give adequate time to deal with the amendments that have been tabled for this Bill. We are opposed to the use of the guillotine.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With 80 amendments, even if it were to commence now, with 7 p.m. as the guillotine time, there would be approximately one minute and a half per amendment. This is just how absurd this proposition is; it is totally unacceptable. This is a hugely important issue and more time needs to be provided. We oppose the guillotine absolutely in this case.
Brian Cowen (Laois-Offaly, Fianna Fail)
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This is important legislation that needs to be enacted this week. There are a few substantive amendments which can be handled in the time available. The Bill was discussed on Second Stage on Friday last and this was an opportunity for Members to give their views. I think there is broad agreement in the House about the need for this legislation and we have to proceed with it in the circumstances.
The Dail Divided:
For the motion: 73 (Dermot Ahern, Michael Ahern, Noel Ahern, Chris Andrews, Bobby Aylward, Joe Behan, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Seán Connick, Brian Cowen, Ciarán Cuffe, John Curran, Noel Dempsey, Jimmy Devins, Timmy Dooley, Frank Fahey, Michael Finneran, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Noel Grealish, Mary Harney, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Tony Killeen, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Jim McDaid, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, Martin Mansergh, Micheál Martin, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, John O'Donoghue, Noel O'Flynn, Rory O'Hanlon, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Maureen O'Sullivan, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Mary Wallace, Mary White, Michael Woods)
Against the motion: 68 (Bernard Allen, James Bannon, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Paul Connaughton, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Fergus O'Dowd, John O'Mahony, Brian O'Shea, Willie Penrose, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton, Leo Varadkar, Jack Wall)
Tellers: Tá, Deputies John Curran and Niall Blaney; Níl, Deputies Emmet Stagg and Joe Carey
Question declared carried
Séamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business agreed to? Agreed. Is the proposal for dealing with No. 1, Údarás na Gaeltachta (Amendment) Bill 2010, agreed to?
Enda Kenny (Mayo, Fine Gael)
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Mar adúirt mé cheana, tá sé molta ag an Rialtas an Bille seo a chur tríd an Teach, ionas nach mbeidh na toghcháin ar siúil i Mí Deireadh Fomhair na bliana seo. Tá a fhios ag an Taoiseach go bhfuil toghcháin Údarás na Gaeltachta ag teastáil. Beimid ag vótáil in éadan an Bhille seo. Is miste liom go gcuirfear tríd an Dáil é sa chaoi seo. Dá bhrí sin, tá me i gcoinne an rúin atá molta ag an Rialtas.
Brian O'Shea (Waterford, Labour)
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Tá Pairtí an Lucht Oibre i gcoinne an mholadh seo freisin. The Labour Party is essentially opposing the guillotine. With a Bill composed of two sections, the second of which concerns the Short Title of the Bill and the collective citation, and with one amendment tabled, applying the guillotine to this Bill is part of the Government's addiction to guillotines. This Bill can be finished within the time and the Labour Party opposes the proposal.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Níl Teachtaí Dála Shinn Féin ag tacaíocht leis an moladh seo. Sinn Féin Deputies oppose the proposal in respect of the Údarás na Gaeltachta (Amendment) Bill. I listened to Deputy O'Shea make the point about addiction to guillotines in his opposition to this proposal. In proposing this measure, the Government is certainly not addicted to facing the electorate. This Bill defers the opportunity for the electorate to pass judgment on the performance of the Government at any level across the State. The Government does not have the willingness to go before the electorate in any part of the country in any election situation and God forbid the Government must face the electorate in any of the constituencies where by-elections are pending.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Ó Caoláin has gone off on a tangent.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Then, it would make the whole thing impossible for the Government and it would have to marry both. The game plan is exposed and the Government is not to face the electorate in the current year. This is another facilitation of running away.
Michael Ahern (Cork East, Fianna Fail)
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Sinn Féin stayed away from the electorate for many years.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I always admire a convert, too much to prove. Ba mhaith liom a rá go bhfuil sé ar intinn ag an Aire ath-eagrú a dhéanamh ar Údarás na Gaeltachta, mar eagraíocht. Tá cine déanta ag an Aire-----
Brian Cowen (Laois-Offaly, Fianna Fail)
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-----maidir leis an méid sin agus go mbeadh sé níos fearr na toghcháin a bheith againn sa bhliain 2012.
The Dail Divided:
For the motion: 73 (Dermot Ahern, Michael Ahern, Noel Ahern, Chris Andrews, Bobby Aylward, Joe Behan, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Seán Connick, Brian Cowen, Ciarán Cuffe, John Curran, Noel Dempsey, Jimmy Devins, Timmy Dooley, Frank Fahey, Michael Finneran, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Noel Grealish, Mary Harney, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Brendan Kenneally, Michael Kennedy, Tony Killeen, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Jim McDaid, Tom McEllistrim, Mattie McGrath, Michael McGrath, John McGuinness, Martin Mansergh, Micheál Martin, John Moloney, Michael Moynihan, Michael Mulcahy, M J Nolan, Éamon Ó Cuív, Seán Ó Fearghaíl, Darragh O'Brien, Charlie O'Connor, John O'Donoghue, Noel O'Flynn, Rory O'Hanlon, Ned O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Maureen O'Sullivan, Seán Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Mary Wallace, Mary White, Michael Woods)
Against the motion: 67 (Bernard Allen, James Bannon, Pat Breen, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Joe Carey, Deirdre Clune, Paul Connaughton, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, John Deasy, Jimmy Deenihan, Andrew Doyle, Bernard Durkan, Damien English, Olwyn Enright, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Brendan Howlin, Paul Kehoe, Enda Kenny, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Joe McHugh, Liz McManus, Olivia Mitchell, Arthur Morgan, Denis Naughten, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Fergus O'Dowd, John O'Mahony, Brian O'Shea, Willie Penrose, John Perry, Ruairi Quinn, Pat Rabbitte, James Reilly, Michael Ring, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Mary Upton, Leo Varadkar, Jack Wall)
Tellers: Tá, Deputies John Curran and Niall Blaney; Níl, Deputies Emmet Stagg and Joe Carey
Question declared carried
Enda Kenny (Mayo, Fine Gael)
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Can the Taoiseach indicate what Bills are likely to be published during the forthcoming recess? A number of Bills have been referred to that were to have been published during the course of this Dáil session but obviously will not be. However, I understand a number of Bills will be published during the summer recess and the Taoiseach should give an indication in this regard. I refer to the commitment in the programme for Government to transfer foreshore licensing to the Department of the Environment, Heritage and Local Government and to integrate it with the planning process. In view of the energy requirements and indications of serious investment, what is the status of that commitment and will such a transfer and integration require legislation?
Brian Cowen (Laois-Offaly, Fianna Fail)
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Arrangements have been made in practical terms for the foreshore licensing issue to be dealt with by that Department as matters stand. While I do not know what further legislative arrangements are needed for it, the practical issue has been dealt with. Six Bills have been published and one Bill, namely, the criminal justice (defence and the dwelling) Bill, has been approved by the Cabinet and awaits publication. A further eight Bills that were not on the A list have also been published during this session.
In respect of Bills that have not been published to date, the education patronage Bill has been submitted to the Cabinet for approval very soon. The local government (Dublin mayor and regional authority) Bill also is an issue that is being worked on at present. As for the environmental liability Bill, among other things, the Government awaits advice from the Attorney General on an issue in that regard. The biological weapons Bill is in the final stages of being agreed between the Department of Foreign Affairs and the Parliamentary Counsel. There have been delays to the progress of the civil law (miscellaneous provisions) Bill due to drafting difficulties pertaining to the enforcement of court orders relating to maintenance debtors. The provisions of the criminal justice (legal aid) Bill require development by the Department in consultation with the Office of the Attorney General. As for the mental capacity Bill, drafting is ongoing but has been delayed. Work continues on this issue and much effort will be required to have it published during the summer recess.
Eamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise two matters. First, the motion passed in the Dáil on 20 January 2010 concerning an inquiry into banking provided that an independent statutory commission of investigation would be established by 30 June 2010. I understand the Joint Committee on Finance and the Public Service has been considering the Government's proposals regarding such a commission. When will these proposals be brought before the House? I presume this will take place either tomorrow or on Thursday, before the Dáil breaks up for its summer recess.
Second, media reports over the weekend stated that Mr. Colm McCarthy has been given another interesting task by the Government. This time, it is to have a look around to see if there is anything worth selling. The Taoiseach should indicate whether the Government intends to publish the terms of reference that have been given to Mr. McCarthy and whether they will be brought before the House.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The review that is taking place relates to examining all semi-State companies to ascertain what is the position. There is no predetermined outcome in respect of any of that. Given the resources available to it and the challenges it faces, any prudent Government would be obliged to consider all areas but not on a predetermined basis.
As for the proposals regarding the commission of inquiry to which the Deputy referred, it is more than likely that this will take place on Thursday.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to raise two matters. First, I refer to the cutbacks affecting people with disability, intellectual disability included, to which Members have already referred. A Disability Act was adopted a number of years ago and much of what now is unfolding runs entirely counter to the spirit if not the letter of that legislation, imperfect though it was. Given that the Disability Act was not rights-based, which is the great tragedy of the passage of that Act, do all the cutbacks that now are taking place require legislation? Is a disability (amendment) Bill pending? How does the Taoiseach reconcile what the Government stated on the record at the time of the passage of the Disability Act with everything that now is unfolding? Many unfortunate people-----
Séamus Kirk (Louth, Ceann Comhairle)
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We will inquire whether legislation is promised. We cannot have a debate at this stage.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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----- from across this State will be protesting outside Leinster House tomorrow, which should never have had to happen again.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy, we are on the Order of Business.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Second, Members have heard reference to cutbacks and sell-offs with regard to Mr. McCarthy. However, another area could be examined that I raised with the Tánaiste only last Thursday. While I have yet to be able to secure the full information regarding the State's total commitment to ground rent, I believe it to be substantial, given the portfolio of properties that were advised to me in a reply to a recent parliamentary question. Would it not be appropriate to revisit the entire proposition behind the proposed to ground rent Bill, which rested for many years on the list of promised legislation but which has disappeared entirely off the Richter scale recently? Would this not be a worthwhile area to address now and to have the matter done and dusted once and for all in the interests of the State coffers and of individual private citizens-----
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy, we cannot have a debate. We will make inquiries as to whether legislation is promised.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----who are scundered by these underground landlord demands?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I must revert to the Deputy on the issue of ground rents and what legislation is in hand or whether it is under active consideration at present.
As for the other matter that was raised, much investment quite rightly has been made in that area, with €1.5 billion being spent this year and more than 25,000 people on the data register indicating they are receiving services. The issue that is arising, as I mentioned on Leaders' Questions last week, is that as we seek to try to protect front line services we must consider how we rearrange the non-front line service part of the sector. There is a significant number of section 38 and section 39 organisations, which have done an excellent job and which are very committed, but in the context of sustainable levels of service and developing services for the future we must be prepared to consider whether we can reorganise how that is delivered. The efforts that are being made by the Minister of State, Deputy Moloney, and the Department of Health and Children, not just this week but in recent times is to try to achieve that. I assure Deputy Ó Caoláin that everything we can do in that respect is being investigated.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach go out to the gates of Leinster House tomorrow and explain that to the families concerned?
Brian Cowen (Laois-Offaly, Fianna Fail)
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My record in this area as Minister for Finance and Minister for Health and Children has been one of which I am proud.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I invite the Taoiseach once again to go to the gates of Leinster House and explain that to people.
Séamus Kirk (Louth, Ceann Comhairle)
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We cannot have a debate at this stage.
Brian Cowen (Laois-Offaly, Fianna Fail)
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Deputy Ó Caoláin is always available, in his party and everywhere I go, to confront issues in terms of what the problems are but no solutions are provided. I have listened to much of what Deputy Ó Caoláin had to say but the activity and actions I have been able to pursue on the basis of policies and decisions made by Government have greatly improved that area. I accept there are difficulties in the area. There is no doubt about that. There will be difficulties in many areas but the Deputy's approach will be as predictable as usual.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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My approach was very singular. It was to ring fence and protect the most vulnerable.
Séamus Kirk (Louth, Ceann Comhairle)
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We will not have a debate now.
Tom Sheahan (Kerry South, Fine Gael)
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I always believed there was an automatic eligibility to a medical card for persons suffering from cancer. A lady came to me this week who last-----
Tom Sheahan (Kerry South, Fine Gael)
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I have a question on promised legislation. Please, a Cheann Comhairle.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should elicit it.
Tom Sheahan (Kerry South, Fine Gael)
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It is No. 63, the Eligibility for Health and Personal Social Services Bill. A lady came to see me who qualified for a medical card last year after being diagnosed with cancer.
Séamus Kirk (Louth, Ceann Comhairle)
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We cannot have a debate on the matter.
Séamus Kirk (Louth, Ceann Comhairle)
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It is not contemplated by Standing Orders.
Tom Sheahan (Kerry South, Fine Gael)
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She has since had a mammogram. She is the mother of two children.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should submit a parliamentary question to the Minister.
Tom Sheahan (Kerry South, Fine Gael)
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She is under enough stress and pressure fighting cancer, yet this week she received a letter asking her for the registration number of her car-----
Tom Sheahan (Kerry South, Fine Gael)
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-----how many miles she drives to work and what her mortgage is.
Tom Sheahan (Kerry South, Fine Gael)
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They have all that information from less than 12 months ago.
Séamus Kirk (Louth, Ceann Comhairle)
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As a new Member of the House, Deputy Sheahan knows at this stage that it is not possible to have a debate such as this on the Order of Business.
Tom Sheahan (Kerry South, Fine Gael)
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This is penny pinching. A total of €22 billion is being invested in Anglo Irish Bank-----
Séamus Kirk (Louth, Ceann Comhairle)
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We cannot accommodate it.
Tom Sheahan (Kerry South, Fine Gael)
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-----and we are taking medical cards from cancer sufferers.
Tom Sheahan (Kerry South, Fine Gael)
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It is despicable to do that to a vulnerable woman, a mother.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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It is a shame.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Sheahan should take up the matter directly with the line Minister.
Bernard Durkan (Kildare North, Fine Gael)
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The Taoiseach wants to answer the question.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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I appreciate the fact that, a Cheann Comhairle, you are allowing the matter to be raised on the Adjournment tonight, in light of the fact that EirGrid withdrew its application for planning.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Crawford should not anticipate the Adjournment on which he is listed to speak.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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This is to do with the Bill. When will the Electricity (Transmission on Assets) Bill be brought before the House? While I appreciate being able to raise the matter on the Adjournment, we need a full debate on the despicable action of this group.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Crawford should not anticipate the Minister's response.
Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Like many of my colleagues I was in the Mansion House today where the first Dáil met. We were meeting members of farming organisations about the nitrates directives. Those people are in desperation about the future. When can we have a full debate in the House on issues surrounding the nitrates directive and other farm income problems? It is the single biggest industry in this country yet it does not seem to have any relevance in this House.
Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should raise the matter with his party Whip and allow the Whips to discuss it.
Brian Cowen (Laois-Offaly, Fianna Fail)
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The Electricity (Transmission on Assets) Bill will come to the House next year. There are plenty of opportunities for agricultural matters to be discussed in committee.
Bernard Durkan (Kildare North, Fine Gael)
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Some time ago on your advice, a Cheann Comhairle, I tabled a parliamentary question asking the Minister to indicate the likely costs to the State from the various tribunals. It is a sizeable sum, somewhere in the region of €500 million. I asked last week whether the Legal Costs Bill might be brought to the House with at least a view to stopping that train coming down the track before it reached its destination. Would it be possible for the Taoiseach-----
Séamus Kirk (Louth, Ceann Comhairle)
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I will intervene on the Deputy's behalf. I will make inquiries.
Bernard Durkan (Kildare North, Fine Gael)
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There is no need. I was just about to intervene on my own behalf, a Cheann Comhairle. I was going to ask the Taoiseach whether, given the seriousness of the situation and the likely impact on the Exchequer, he would consider it useful to bring the Bill to the House at the earliest opportunity. It has been promised for approximately five years.
Brian Cowen (Laois-Offaly, Fianna Fail)
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We expect the Bill to come to the House either at the end of this year or early next year.
Bernard Durkan (Kildare North, Fine Gael)
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In the interests of the finances of the State, I urge the Taoiseach to ensure the Bill is introduced nearer to the beginning of the next session.
You will be glad to know I will resume my seat after this next point, a Cheann Comhairle. On numerous occasions in the past year I raised the issue of mortgage holders, as did other Members on this side of the House. I refer to those who are in negative equity and in arrears. Deputies Kenny and Gilmore raised the matter today as well. Given the severity of the situation, will the Taoiseach indicate whether it is intended to do as the Government promised during the debate on NAMA, namely, to introduce legislation to address the issues faced by the considerable number of people with mortgage arrears?
Brian Cowen (Laois-Offaly, Fianna Fail)
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I explained to the Deputy that an interim report has been produced by the group which was not predicated on the need to introduce legislation. Codes of conduct are involved, as is the Financial Regulator, who is acting on the recommendations that have been issued. It is a work in progress. Further recommendations will be made in the autumn which we will consider as well.
Bernard Durkan (Kildare North, Fine Gael)
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I have one proviso, a Cheann Comhairle, if this is delayed much longer-----
Bernard Durkan (Kildare North, Fine Gael)
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I know we cannot but neither can the people who are in arrears.
Séamus Kirk (Louth, Ceann Comhairle)
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We just cannot accommodate it on the Order of Business.
Bernard Durkan (Kildare North, Fine Gael)
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Neither can the people who are in arrears with their mortgages. An immediate problem will arise when the moratorium is lifted.
Séamus Kirk (Louth, Ceann Comhairle)
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Deputy Durkan has been advised on the up-to-date position.
Bernard Durkan (Kildare North, Fine Gael)
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I know, but I am trying to impress upon the Taoiseach the need to act sooner rather than later. A year has gone by.
Bernard Durkan (Kildare North, Fine Gael)
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I hope you are not just acting, a Cheann Comhairle.
Pat Rabbitte (Dublin South West, Labour)
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A couple of weeks ago I asked the Taoiseach if he would schedule the Multi-Unit Developments Bill given the urgency surrounding the matter. We are not scheduled to sit on Friday. The Minister is briefing the Taoiseach to the effect that Second Stage has started in the House and we could conclude it on Friday. Nobody on this side of the House is going to vote against the principle of the Bill. There will be many amendments with which we could deal for the remainder of July or early September. The Bill has been awaited for up to eight years. I suggest it be scheduled for debate until 1.30 p.m. or 2 p.m. on Friday. While I cannot speak for Fine Gael I suspect its position is the same. We will not vote against the principle of the Bill. There is no need to retain the troops in the House. We could get the Bill ready for Committee Stage if the Taoiseach is agreeable.
Alan Shatter (Dublin South, Fine Gael)
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I support Deputy Rabbitte in that regard. The difficulties being experienced by those living in apartments have been hugely exacerbated by the fire brigade sales of apartments, the involvement of receivers and liquidators in the sales and this will get worse in the context of NAMA's involvement. There is an urgent need to address those issues. I support Deputy Rabbitte's suggestion. The legislation is badly needed.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I have asked the Whips to consider the matter to see whether the Bill could be accommodated at some stage on Thursday. It is easy for me to say that but I am aware the Whips are under pressure.
Noel Dempsey (Meath West, Fianna Fail)
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We could sit later on Thursday.
Brian Cowen (Laois-Offaly, Fianna Fail)
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What Deputy Rabbitte wants is for Second Stage to conclude this session.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Minister is in Dún Laoghaire on Friday.
Dermot Ahern (Louth, Fianna Fail)
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Only two of the Deputies opposite turned up last Friday.
Joan Burton (Dublin West, Labour)
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May I ask the Taoiseach two questions? There was an extensive report in the media today about a revised national development programme, particularly in regard to roads and public transport such as the Luas and the metro. Can the Taoiseach confirm whether the Government is producing a revised national development programme? If so, when is it likely to be published?
During the consideration of the NAMA legislation, when the Minister for Finance very graciously accepted a number of Labour Party amendments, we were promised that when the revised NAMA business plan was available - it was submitted to the Government last week - it would be published and made available to Opposition spokespersons. Before we all go away on what I hope will be happy holidays, could the Opposition see the revised NAMA business plan?
Brian Cowen (Laois-Offaly, Fianna Fail)
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The whole idea is to be transparent and to ensure everyone is up to date on the full facts of the situation.
Pat Rabbitte (Dublin South West, Labour)
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I find it hard to hear the Taoiseach. Is he saving his energy for later this evening?
Brian Cowen (Laois-Offaly, Fianna Fail)
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No. I did not realise we had such senior Members in the House at this time.
Rising once again-----
Brian Cowen (Laois-Offaly, Fianna Fail)
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Deputy Kenny had a problem as well; he is also very senior.
The position is that the-----
Pat Rabbitte (Dublin South West, Labour)
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That rattled the Taoiseach.
Brian Cowen (Laois-Offaly, Fianna Fail)
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What are we talking about?
Brian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy is such a distraction in the House. It is great to see the Deputy back on the front bench taking over Deputy Broughan's role.
Brian Cowen (Laois-Offaly, Fianna Fail)
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I presume the Deputy has replaced Deputy Broughan and taken on his portfolio.
The plans will be published. The board must sign off on or approve them. It will be published this week, if not today.
Joan Burton (Dublin West, Labour)
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Will it be before the recess?
Brian Cowen (Laois-Offaly, Fianna Fail)
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We will certainly have it-----
Joan Burton (Dublin West, Labour)
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If there is to be another national development plan, when will it be published?
Brian Cowen (Laois-Offaly, Fianna Fail)
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We will publish those plans also. If the Deputy is away, we will find her forwarding address.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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On a number of occasions in this House, we have discussed the issue of alcohol-fuelled anti-social behaviour. On foot of our doing so, the Intoxicating Liquor Act 2008 was published in July 2008. One of its provisions was to ban below-cost selling of alcohol. Before the secondary legislation could be enacted, approval had to be obtained from the European Commission, which was forthcoming six or seven months subsequent to the passage of the primary legislation. That was over 18 months ago and it is two years since the primary legislation was passed. The Minister explained he was not going to bring forward the secondary legislation on the basis of his desire for a co-ordinated approach on both sides of the Border. He has had 18 months to achieve that. When will we see the secondary legislation and a ban on below-cost selling and advertising of alcohol? Advertisements are in our newspapers every day and alcohol is causing carnage in communities around the country.
Séamus Kirk (Louth, Ceann Comhairle)
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We will make some inquiries.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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These Houses passed the legislation. When will it be enacted?
Brian Cowen (Laois-Offaly, Fianna Fail)
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This is an issue we must watch in terms of cross-Border impacts, as the Deputy implied. I do not have the up-to-date position. I will have to ask the relevant Minister to inform the Deputy about it.
James Reilly (Dublin North, Fine Gael)
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What is the status of the drugs reference pricing Bill? When I last questioned the Taoiseach on its relationship with the prescription charges Bill, he told me both Bills would be dealt with "on the same finger", as he put it. It would appear that is not the case.
James Reilly (Dublin North, Fine Gael)
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The long finger is the middle finger and that is the finger the Taoiseach is giving to the people.