Dáil debates

Wednesday, 3 November 2010

11:00 am

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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It is proposed to take No. a7, motion re referral of Value-Added Tax Consolidation Bill 2010 to the Standing Joint Committee on Consolidation Bills; No. b7, motion re referral to joint committee of macroeconomic policy lessons as set out in the report by Klaus Regling and Max Watson entitled A Preliminary Report on The Sources of Ireland's Banking Crisis; No. 16, statements on European Council, Brussels; and No. 3, Local Government (Mayor and Regional Authority of Dublin) Bill 2010 - Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. a7 and b7 shall be decided without debate; the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after 85 minutes and the following arrangements shall apply: the statements shall be confined to the Taoiseach and to the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, who may share their time, and which shall not exceed 15 minutes in each case; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; and the suspension of sitting under Standing Order 23(1) shall take place at 1.30 p.m. or on the conclusion of No. 16, whichever is the later, until 2.30 p.m. Private Members' business shall be No. 74, motion re resourcing of Garda Síochána and Director of Corporate Enforcement (resumed), to conclude at 8.30 p.m. tonight, if not previously concluded.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There are three proposals to put to the House. Is the proposal for dealing with Nos. a7 and b7, motions re referral to standing joint committee of the Value-Added Tax Consolidation Bill 2010 and referral to joint committee of macroeconomic policy lessons as set out in the report by Klaus Regling and Max Watson entitled A Preliminary Report on The Sources of Ireland's Banking Crisis without debate agreed to? Agreed. Is the proposal for dealing with No. 16, statements on European Council, Brussels, agreed to? Agreed. Is the proposal relating to the suspension of sitting under Standing Order 23(1) agreed to? Agreed. I call Deputy Enda Kenny on the Order of Business.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I understand the High Court made its decision this morning in the case taken by the Sinn Féin Party on the delay in holding the Donegal South-West by-election. The President of the High Court has described some of the arguments put up by the State as hyperbole and has stated clearly that the ruling on the issue did not offend the separation of powers.

May I ask the Taoiseach what is the response of the Government to this inordinate delay? The High Court is very clear in its judgment. Arising from the comment of the President of the High Court that if the Government does not rectify the position consideration will be given to issuing an instruction that this happen, I am sure the Taoiseach does not want to put the taxpayer to further expense in bringing this matter to the Supreme Court. The case has been moved here on a number of occasions by different parties in the House, both in respect of Donegal South-West, Waterford and Dublin South. In view of the fact that the Dáil majority is now less than the number of seats vacant and that the High Court has made a ruling in this case which is very clear, what is the Government's response to that? Is it the Taoiseach's intention now to follow on the High Court ruling by issuing a writ for the moving of the Donegal South-West by-election?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach should tell us whether the Government intends to appeal this decision. It would be extraordinary if the Government were to commit public moneys to appeal a decision, the consequence of which would benefit only the two Government parties. I put it to him also that this is a situation where the Minister for the Environment, Heritage and Local Government will have a central role. The Minister for the Environment, Heritage and Local Government has direct line responsibility for electoral matters. We need to hear his response to this decision of the High Court. What recommendations will he give to the Government in response to this judgment? It now falls to the Minister to bring whatever proposal-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We are into serious detail on the matter. On the Order of Business, Deputy.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It is very serious.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Minister has walked out.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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He abandoned the Taoiseach.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach told us yesterday, and keeps telling us, that he derives his mandate and authority from having a majority in this House. As Deputy Kenny has pointed out, the majority he now enjoys in this House is less than the number of vacant seats. The High Court has now decided that there is an unreasonable delay in the holding of the Donegal South-West by-election, and it is fair to say that this would apply to the other by-elections as well. A decision must now be made by the Government. The writ has been moved in the House a number of times and the Government has voted it down. It has strung this out for as long as possible. Its latest position is that it will leave it until sometime next spring. However, we now have a ruling from the High Court, and the Government must make a decision. Will it go ahead with this by-election, or will the line Minister, Deputy Gormley, bring a recommendation to the Government that the judgment be appealed? This lands directly on the Minister's plate. It is a decision for him to make. What will he do? He is the man responsible for electoral matters and the running of electoral affairs in this country, and it is his call.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The judgment has just been made in this case. To have a detailed discussion on it at this point-----

(Interruptions).

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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It is a by-election campaign we need.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Ferris, on the same issue.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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The same issue.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Are we going to have the by-election or not? It is as simple as that.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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There is only one big issue, but the Government keeps running away.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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It is a legal matter.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Or else have a general election, which is the right thing to do.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Ferris without interruption.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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We are the Parliament.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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A Cheann Comhairle, has the issue not been decided by the court?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Why do people think this is a talking shop? For goodness' sake.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Burton, will you resume your seat, please?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It has been decided by the court.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Burton, will you resume your seat, please?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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We are in order in mentioning the issue.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I have called Deputy Ferris. One speaker at a time, please.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The issue has been decided. It is not being discussed. It has been decided.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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I am sure the Taoiseach is aware that the Government has been found guilty in the High Court this morning of depriving the people of Donegal South-West of their constitutional rights. I wonder whether he and his Government will congratulate Senator Pearse Doherty on defending the democratic right of the people of Donegal and of the Irish people.

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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Sinn Féin supporting the Constitution, for a change.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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This morning, the Sinn Féin Deputies tabled a motion that the writ be moved. Will the Taoiseach move that writ-----

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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They might take the next step and recognise the State.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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-----and give the people their democratic right to have their voices heard by electing people in Donegal South-West and the other areas in which by-elections are to be held?

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Deputy Roche is a bitÀ la carte himself when it comes to constitutionality.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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At this point, it is not intended to allow a full scale debate about the matter.

A Deputy:

Ah, go on.

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I never had any doubts.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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This judgment was handed down after we had started proceedings here. We will have to consider the judgment and its implications-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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There is little to consider.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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-----so any further comment prior to its consideration is premature. We argued in court that Article 16.7 of the Constitution imposed no time limit for the holding of by-elections but left the matter to the Oireachtas, and that the Oireachtas had not imposed any time limit in the legislation, but the court took the view that there should be implied in the legislation a requirement that by-elections be held within a reasonable time. We will now consider the judgment and the Government will decide what to do.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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For how long?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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The Minister for the Environment, Heritage and Local Government is not here.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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What about the Parliament?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will not have a detailed discussion here. The Taoiseach says it is premature to comment on this, but the Dáil has already decided, by the vote of a Government majority, that this was not premature. The Taoiseach and the Government Whip have said it was their intention to move the writ for the Donegal South-West by-election in the spring. The High Court has said this morning that this delay is unreasonable. The High Court of the land has made its judgment and stated that in doing so it does not offend the separation of powers. It is clear that the implications of the High Court decision-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Kenny, I have indicated that we are not going to have a full-scale debate.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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It is very serious.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I do not mind brief remarks, but we cannot have a full-scale exchange across the floor.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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We should. It is a serious constitutional issue.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is not premature. The result of the decision is clear to everybody. The question is whether the Government will sit over there and attempt to stay in power when the High Court of the land says it is unreasonable to have a delay of this length in giving the people of this constituency their opportunity to cast a verdict on the Government through a by-election. Nothing could be clearer than what is stated in the judgment. It is incorrect of the Taoiseach to say it is premature to make a statement about it.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Deputy does not have to misquote me. What I said was-----

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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He said it was premature.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The judgment was handed down since the start of this morning's proceedings.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I have it here.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The Government will consider the judgment and its implications and take whatever decisions arise from that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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So will the Taoiseach change his tune?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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If the Deputy does not mind my having the opportunity to read and consider the judgment, I think it is only fair.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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One would imagine the Minister for the Environment, Heritage and Local Government would be here.

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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It should not need a judgment of the High Court.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Government has considered it already. It said the writ would be moved in the spring.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have a full-scale debate on the matter at this point. There are other ways of raising this, although not at this time.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The question that is being asked of the Taoiseach is not a complicated legal one.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Not at all.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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He is not required to do a microscopic reading of the judgment and give us a learned opinion. What is being asked of the Taoiseach is a political question. The High Court has found there is an unreasonable delay in holding the by-election. The Taoiseach says it is a matter for the Dáil. An all-party committee of the Dáil decided some time ago that by-elections should be held within six months. The only reason these by-elections have not been held is that the present Government is using a flaky majority based on a reduced number of Members to stop the holding of the by-elections so it can stay in office. This is a political question.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Gilmore, I am not allowing a full-scale debate on the matter on the Order of Business.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Now that the High Court has declared its-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not allowing it. There are other times for such a debate, but not on the Order of Business.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The issue is simple. The High Court has found that the delay is unreasonable. People are waiting for these by-elections. The Government has a call to make, and the Taoiseach, without hiding behind the necessity of considering the judgment and so on, should be capable of giving a political response to that.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Varadkar, very briefly.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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On the same issue-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Very briefly.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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I will be brief.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We are not going to have a debate on it now.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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No, but-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There is no provision to have it on the Order of Business.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The Ceann Comhairle might give me 30 seconds.

The Taoiseach can run but he cannot hide.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There is a line for that.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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He does not have a majority in the House any more.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That is very original and very useful. Where did the Deputy hear that?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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He is deliberately clinging to power in contravention of the Constitution and of the judgment made by the High Court today. I ask both the Ceann Comhairle and the Taoiseach whether they will allow time for this important matter to be debated, if not today then tomorrow. I ask the Ceann Comhairle to take a position on this also. He is the speaker of the House.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am taking a position that we are not going to have a debate on it on the Order of Business.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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With the greatest respect, a Cheann Comhairle-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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If the Deputy wishes to have a debate at another time, that may be possible, but not on the Order of Business.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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No debate.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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It is a constitutional point.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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You are the speaker of this House.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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You have a duty to defend the House and to defend democracy. This House is four Members short as a result of the Government's refusal to hold these by-elections. I ask that you take your role as speaker in the spirit in which it is intended and defend the House, rather than the Government. I ask you to speak to the Taoiseach and tell him-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is not a question of defending the Government. It is a question of implementing the Standing Orders of the House.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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-----on behalf of this institution that there should be by-elections.

A Deputy:

Never mind the Standing Orders.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Ferris.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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A Cheann Comhairle-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Very briefly.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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I will be brief.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not allowing the debate to develop.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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What is your view, a Cheann Comhairle?

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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It is encouraging to see the Opposition coming in behind the Sinn Féin Party and Senator Pearse Doherty, who took this to the High Court. This was a simple case with a simple judgment, and what we want is a simple response. Will the Taoiseach come back to the House today to move the writ?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy-----

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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I am asking the Taoiseach to move the writ.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy will have to consult with his party Whip.

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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It is a question of legislation. I ask the Taoiseach to come back to the House today to move the writ so we can move forward.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Is the Taoiseach minded to restrict his response to Donegal South-West, or will he give a response in respect of all four vacancies?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Briefly, Deputy Gilmore.

12:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Taoiseach has said that the issue of the holding of the by-elections is a matter for the Dáil.

The Taoiseach has declined to say whether the Government intends to appeal the decision. If this is a matter for the Dáil - I believe it is - then the Dáil should decide. I give the Taoiseach notice now that on our Private Members' time next week, the Labour Party will introduce a motion to direct the Government not to appeal this decision, but to accept the decision of the High Court and hold the four outstanding by-elections.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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May I finally say-----

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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On a point of order-----

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Sorry, Deputy, I am on my feet.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Deputy Kehoe has a point of order.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Go ahead. It should be a good one.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Deputy Varadkar asked for time to be set aside later today or tomorrow.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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That is not a point of order.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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May I speak?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy-----

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Can we hear from the Government Whip?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy knows we have a whip system in the House whereby Whips consult on a regular basis about these matters.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I am asking the Government Whip to meet after the Order of Business to see if we can set aside time today or tomorrow to debate the issue. Deputy Varadkar has made the proposal and I am looking for a reply. It is either "Yes" or "No".

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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It is not a point of order.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I ask Deputy Kehoe to resume his seat now. I call the Taoiseach briefly.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I am looking for direction from you, a Cheann Comhairle. Perhaps you could direct the Government Whip to give a reply to me.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not empowered to direct anybody to do something.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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You are the Chairman of the Dáil, a Cheann Comhairle.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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May I just reply quickly and then we can move on?

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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On a point of order, for the information of the House, Sinn Féin has tabled a motion to move the writ for the by-election tomorrow morning if that helps the Taoiseach's considerations.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I call the Taoiseach briefly and we are finishing the debate now.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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This judgment has arisen since proceedings began here this morning. We will consider the judgment and its implications. I have given no indication to the Deputy as to what our intentions might be until we have had a chance to review it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We move on. I call Deputy Durkan.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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In the context of the current economic turbulence, is it intended to introduce the amendment to the Bretton Woods Agreements Act, having particular regard to the agreements entered into between the British and German Governments in respect of secret bank accounts in Switzerland?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is that an inquiry about legislation?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Yes. I quoted the legislation. It is No. 58 on the list.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Deputy Durkan is being very helpful.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That will be next year.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Will they be secret until then?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Taoiseach is very optimistic.

For some years I have been trying to get confirmation from the Minister for Justice and Law Reform as to the total number of criminal gangs in the country and how he will introduce required legislation to target them specifically.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I suggest the Deputy should direct a parliamentary question to the Minister for Justice and Law Reform.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I did that.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Several criminal justice Bills have been put through the House.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I did that, but I just wanted to tell you a Cheann Comhairle how serious the problem is.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the Deputy's inquiry about promised legislation?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The reporting of criminal gangs Bill.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Just a moment, a Ceann Comhairle. I do not want to be interrupting you.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the Deputy's inquiry about promised legislation?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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It is, but you will not let me finish. I do not want to be interrupting you and I know you do not want to be interrupting me either. The Minister claims he does not know the number of criminal gangs operating in the country at present, which is a serious problem.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am sure a parliamentary question should be able to elicit that information if it is available.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The answer is "No". Even as late as yesterday the answer was again "No". One of the Minister's predecessors said the activity of criminal gangs was the sting of a dying wasp; that wasp continues to sting. Is the bail amendment legislation, promised for many years, likely to emerge from its period of incubation in an effort finally to confront the criminal gangs active in this country as never before known?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There is no date for that Bill at the moment.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I hope the Taoiseach is not serious about that. There surely should be a date for it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot pursue a debate on what is effectively promised legislation for some stage in the future

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I am not debating at all. I am asking the Taoiseach a question on promised legislation. He said there was no date but it is time he had one.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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A date for the election.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I ask about climate change law. I am concerned that the Green Party Members seem to be some kind of endangered species; they do not seem to come here anymore.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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They have evaporated.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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When the Green Party decided to enter Government its stated purpose and priority was to tackle the defining issue of our time, which was climate change. The Cabinet sub-committee on climate change has not met this year.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have a debate on it on the Order of Business.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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It is important and relates to legislation.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I do not mind an inquiry about promised legislation, but not a debate.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Early in October Senator Boyle told the Seanad that he expected such a Bill to be published in two weeks. The legislative programme gives no indication of a date for the publication of the Government Bill. It would appear that this legislation is lost in some interdepartmental quagmire and something needs to be done.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Could I be helpful to the Deputy?

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Could I ask the Taoiseach-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I will make inquiries on her behalf.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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No, this is the Taoiseach's question although I appreciate your assistance on this, a Cheann Comhairle. Legislation has been published on an all-party basis by the Joint Committee on Climate Change and Energy Security. There is a lacuna from the Government side in that no legislation has materialised despite many questions asked and concerns expressed on all sides.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy knows the provision on the Order of Business; we cannot have a debate on these matters.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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When will the Government Bill be published? If the Taoiseach cannot give a specific date, will he accept the all-party climate change Bill that has been published so that we can all get on with the business to which we must pay attention?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Work on the Bill is proceeding as a priority and it will be published as soon as possible.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Why has the climate change Bill been put on the long finger yet again when farmers, motorists, home-owners and others are being penalised in order to meet our CO2 emission targets? Surely the Taoiseach would consider this important legislation and perhaps he could give us some indication as to when the climate change Bill will be brought in from the cold and addressed in the House.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Taoiseach must have heard of the climate change Bill.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I mentioned that just a moment ago.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Green Party Members mentioned it also.

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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Yesterday we received a copy of the report of the Oireachtas Joint Committee on Agriculture, Fisheries and Food on the Ombudsman's special report on the lost at sea scheme. The report was not adopted by all members of the committee and is a minority report. I am asking for time to be set aside to discuss this important issue which has serious implications for the relationship between the Office of the Ombudsman and the Government.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy-----

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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This is a fundamental report and it is only the second time on which such a report has been presented by the Ombudsman. The findings of the Ombudsman were not agreed; it is a minority report from the committee. I am asking that the Whips set aside time for it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I understand the Minister for Agriculture, Fisheries and Food will be taking questions in the House in the coming days.

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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Tomorrow.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Have questions on the matter been tabled?

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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This report was only received yesterday.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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It should be debated.

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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It should be debated. I will quote one sentence from the committee's report: "the Committee is of the view that the process for consideration of such reports should be clearly set out and has agreed to recommend to the Committees on Procedure and Privileges of both Houses that Standing Orders should be amended".

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy consider a Private Members' motion?