Dáil debates

Thursday, 2 December 2010

10:30 am

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is proposed to take No. a7, Motion re sittings and business of the Dáil, No. b7, motion re technical amendments to Standing Orders; No. 7,motion re proposed approval by Dáil Éireann of the draft Commission of Investigation (Banking Sector) (Amendment) Order 2010; No. 13, Supplementary Estimates for public services - Votes 19, 20, 22, 26, 27, 28, 32, 34, 37, 38 and 40 - back from committee; No. 16, Local Government (Mayor and Regional Authority of Dublin) Bill 2010 Second Stage, resumed; No. 15a, statements on the severe weather conditions; and No. 19, Education (Amendment) Bill 2010, Second Stage resumed. It is proposed, notwithstanding anything in Standing Orders, that Nos. a7, b7, 7 and 13 shall be decided without debate, and in the case of No. 13, shall be moved together and decided by one question which shall be put from the Chair and any division demanded thereon shall be taken forthwith; the resumed Second Stage of No. 16 shall, if not previously concluded, be brought to a conclusion at 12.15 p.m. today; the proceedings on No. 15a shall, if not previously concluded, be brought to a conclusion after 40 minutes and the following arrangements shall apply - the statements shall be confined to the Minister for the Environment, Heritage and Local Government, the Minister for Transport and the Minister for Defence, who shall be called upon in that order, and which shall not exceed ten minutes, five minutes and five minutes respectively; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There are three proposals to be put to the House today. Is the proposal for dealing with Nos. a7, b7, 7 and 13 agreed to without debate?

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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This is a technical amendment that was raised by Deputy Kieran O'Donnell on 8 July regarding the relevant dates for the banking inquiry. While it is a technical amendment giving effect to that date which could not be done procedurally at the time, a raft of revelations have emerged from the banking catastrophe in the meantime that would need to be debated and investigated by this commission. It is imperative that we have a statement from the Minister for Finance and the Taoiseach to the effect that they will give their evidence in public to this inquiry, regardless of whether they are in or out of office when it starts its business.

These are two fundamentally important issues. The carry-on of some of the banks in the last couple of months has been scandalous. The entitlements of the law in this country have not been brought to bear on whether some people should end up in prison or otherwise. The carry-on of some of the activities of the banks has clearly been scandalous and are partly the reason we are being economically constricted by the IMF.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I wish to oppose No.1 because it contains some extraordinary arrangements for next week's business. The Government is proposing that there be no questions next week, no Leaders' Questions except on Tuesday, and no Order of Business on Wednesday. This is being done to clear the decks for the budget. I understand that it is also the Government's intention to bring in a social welfare Bill next week.

Under normal circumstances, that would be a remarkable way to do the budget but it is particularly so this year in light of the document that was presented here yesterday evening at the end of the EU-IMF agreement. I described that agreement as a sell-out at the weekend but it was not until yesterday evening that we got the document containing the full details of the sell-out. I had been looking for the various documents relating to the deal and we did not see them until yesterday evening. It is an extraordinary document.

The Government is effectively proposing to agree the budgets for the next three years with the EU and with the IMF. It is down to a level of detail that we have never seen before, and includes amounts of expenditure and amounts of tax, specific timetabled commitments in respect of property taxes, water charges and pensions, none of which has been legislated for by the House. It amounts to a surrender of the country's economic freedom. That is what is contained in this document.

The Labour Party cannot be bound by what is contained in the document, not only for democratic reasons, but also because it will not work.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There will be other opportunities to make these points.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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No there will not.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I have allowed you some latitude, Deputy, but you will have to avail of another opportunity or another time to make these points.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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What other opportunity?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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There will be other times to make these points. It is the Order of Business. I cannot allow the promotion of debate to such an extent. Free statements are fine, but that is far too extensive.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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A Cheann Chomhairle, you have kindly suggested that there will be another opportunity for me to raise this. The reason I am objecting to the Order of Business is precisely because there will not be another opportunity to raise this important matter.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Hear, hear.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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This is a document of economic surrender by the Government and there is no other opportunity to raise that fact. The arrangements being proposed by the Government for next week do not allow any opportunity to raise it. The Government is submitting a document and letters that are craven to the IMF and to the EU and which will not work.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We will have a budget debate next week.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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There is a list of prominent economists who have written about this over the last 24 hours. Willem Buiter, the chief economist of Citigroup, stated that "accessing external sources of funds will not mark the end of Ireland's troubles". Professor Eichengreen of Berkeley stated that the "Irish rescue package finalised over the weekend is a disaster". Paul Krugman, the Nobel laureate in economics, stated that this deal amounts to "reparations imposed on an innocent public". That is what this is. We are being given no opportunity to debate it.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The budget will take place next week and that is the ideal opportunity-----

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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That is the whole point. This has never-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We are on the Order of Business and I cannot allow this to continue.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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You may not want to allow us discuss this, but we will not allow this to happen. This is a sell-out of our country. It is a surrender by the Government of this country's sovereignty, of its right to make its own decisions, determine its own budgets and the Labour Party,-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Order will break down in the House if we persist with this. I will have no alternative but to suspend the House.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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-----whoever else will want to be bound by this, will not be bound by this document.

Deputies:

Hear, hear.

11:00 am

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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We might as well close down this place altogether.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I welcome what Deputy Gilmore has just stated here. No party should feel bound by any deal struck by this Government, which has no mandate or political authority. In its dying days, it is seeking to strap the people of this State-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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It is fine to make a brief statement on an Order of Business proposal-----

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----not only into a cruel budget but also into a sell-out deal with the IMF-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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-----but not a Second Stage speech.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----and a four year plan to dictate the shape of the fiscal affairs of the State over the years to come. Yesterday, the Whip circulated a schedule for the coming week, clearly outlining the Government's intention to force through a budget involving €6 billion of cuts. Such cruel blows will place further burdens on those least able to sustain them.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy will have plenty of opportunities to make all of these points next week.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am making my point now.

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

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I will not accept this Order of Business.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We do not have provision to debate it on the Order of Business.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Each day this week, we have been presented with an Order of Business without being given a chance to debate the IMF sell-out or vote on its detail, as presented by the Minister for Finance yesterday evening. This matter is being discussed across the State. All we have had are statements. We are a laughing stock at home and internationally. That the Government is foisting these measures upon us-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I ask the Deputy to co-operate.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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No. I will tell you this, a Cheann Comhairle, the Sinn Féin Deputies will not stand for this. We will not support the Order of Business that has been presented today because it does not allow the democratically elected representatives of the people to pass judgment on the sell-out with the IMF, the ECB and the EU. We will not support the Order of Business on each of the sitting days in the coming week, or until this Government leaves office and gives the people an opportunity to pass judgment on these matters in a general election.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I cannot allow a Second Stage contribution on the Order of Business.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is what is needed now.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy should resume his seat.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I am resuming my seat because I have finished.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The reason we are proposing a change to the Order of Business is to allow for the very important discussions that will be made next week.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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It is all over. The decisions have been made.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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On that basis, it was decided to provide ample opportunity for everyone to discuss the budgetary matters that will be brought forward.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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It will be the most restricted debate in the history of this House.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There will be no debate.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It was decided to remove some of the other normal aspects of business. I reiterate that Leaders' Questions will be taken on Tuesday at 2.30 p.m.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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They will be taken on one day only.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Order of Business will be taken on the conclusion of Leaders' Questions that day. There will be no Order of Business on Wednesday to allow for a full discussion.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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For the lads to go home.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Time will be given to the Members of this House.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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To rush the measures through.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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No. b7 is being introduced on the basis of an agreement made with Deputy O'Donnell on the floor of this House. It is a technical amendment to allow those changes to take place, based on a Dáil debate on 8 July last.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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That is not the issue.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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It is true, actually.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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I said it is not the issue.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I will conclude by saying-----

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Will there be statements on the weather?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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We need to clear the footpaths.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I appreciate very much the comments that have been made by the leader of the Labour Party.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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The Government will be gone before the snow.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The truth is that we must have access to funds in order to fund this State.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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You have bankrupted us.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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We cannot access those funds on the market.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Whose fault is that?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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If the Labour Party does not agree to the measures being taken by the Government-----

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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We have no choice.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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-----in order to allow us to access the funds needed to fund our key public services, our social welfare system and our health system-----

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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This is unbelievable.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I ask the leader of the Labour Party how, on that basis, he would justifiably obtain access-----

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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If you get out of Government, you will be told.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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-----to the €400 million per week that we need to borrow to keep this country going.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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We would do better than you.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Is he saying to the people of Ireland that after July 2011, we will not be in a position to fund this country? If so, not only will he have to deal with the fiscal measures we need to introduce in the context of the budget and the four year plan, but he will also need to find a further €19 billion of savings.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Shameless.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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He will find himself in a position where the services provided by the State will have to be cut by a further two thirds.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Get out of the way and let the people see the alternative.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I would like to respond to the Tánaiste's question.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy has been in once.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I want to answer the question.

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

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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The Tánaiste asked a question.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I have allowed extensive contributions to be made.

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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The Tánaiste is entitled to get a reply.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am putting the question.

Question put: "That the proposal for dealing with Nos. a7, b7, 7 and 13 be agreed to."

The Dail Divided:

For the motion: 72 (Dermot Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, Bobby Aylward, Joe Behan, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Margaret Conlon, Seán Connick, Mary Coughlan, John Cregan, Ciarán Cuffe, John Curran, Noel Dempsey, Jimmy Devins, Frank Fahey, Michael Finneran, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Mary Hanafin, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Michael Kennedy, Tony Killeen, Michael Kitt, Tom Kitt, Brian Lenihan Jnr, Conor Lenihan, Tom McEllistrim, Michael McGrath, 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, Willie O'Dea, John O'Donoghue, Noel O'Flynn, Rory O'Hanlon, Batt O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Peter Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Noel Treacy, Mary Wallace, Mary White, Michael Woods)

Against the motion: 66 (James Bannon, Seán Barrett, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Deirdre Clune, Noel Coonan, Joe Costello, Simon Coveney, Seymour Crawford, Michael Creed, Lucinda Creighton, Michael D'Arcy, Jimmy Deenihan, Pearse Doherty, Andrew Doyle, Bernard Durkan, Damien English, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Tom Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Liz McManus, Denis Naughten, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, John O'Mahony, Jan O'Sullivan, Maureen O'Sullivan, Willie Penrose, John Perry, Ruairi Quinn, 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 Cregan and John Curran; Níl, Deputies Emmet Stagg and Paul Kehoe

Question declared carried

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with No. 16, Local Government (Mayor and Regional Authority of Dublin) Bill 2010, agreed to?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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In the midst of the most serious economic difficulty that has faced the State, described in the letter which the Minister for Finance proposes to send to the European institutions and to the IMF, as, " an economic crisis without parallel in [Ireland's] recent history", we are now being presented with a proposal that will occupy valuable Dáil time when we should be debating the economic crisis, there is a proposal to occupy Dáil time with the latest consolation prize that the Green Party wants to take with it out of Government, the proposal to have a new office of a mayor of Dublin. It is adding a degree of absurdity to the proceedings.

Deputies:

Hear, hear.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Is the Deputy afraid to make the savings that will result?

Deputies:

Farce.

(Interruptions).

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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If I were the Deputy I would keep my head down.

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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The Minister has set up three new review bodies to consider the recommendations.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Tiocfaidh bhur lá.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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They have turned politics into a farce.

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
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Farce.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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With regard to the Tánaiste's challenge to me at an earlier stage in the proceedings, I have a question for her. Who wrote these letters to the IMF, the EU and the ECB? They read like letters that were written and then presented to the Minister for Finance and the Governor of the Central Bank to be signed at the "X".

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

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I will read out one of the paragraphs of this letter. "At the root of the problem is a domestic banking system which, at its peak, was five times the size of the economy". Five times the size of the economy?

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

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Government told us on the night of the bank guarantee that it was €440 billion.

Deputies:

Shame.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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That was some guarantee. This is an admission that the Government got it wrong from the beginning.

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

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Are we discussing No. 16?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Yes, the Local Government (Dublin Mayor and Regional Authority) Bill 2010.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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We will oppose this. According to some people, we are living in an asylum here-----

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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The lunatics are running the asylum.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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-----and if it gets too hot, some people should leave the kitchen. I have already made the point that we are opposed to the Bill and to the guillotine, and I object to it again.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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One thing was in evidence yesterday with the Social Welfare (Miscellaneous Provisions) (No. 2) Bill; it is in evidence again today with this Bill, and it will certainly be in evidence over the next week and the week following. I refer to the Government's guillotine approach in the last couple of weeks leading into the Christmas recess. The Local Government (Dublin Mayor and Regional Authority) Bill is one we do not support. We do not believe it should be provided for in this way and we will be voting against it as we are opposing it now in the Order Paper.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am now putting the question.

Question put: "That the proposal for dealing with No. 16 be agreed to."

The Dail Divided:

For the motion: 72 (Dermot Ahern, Michael Ahern, Noel Ahern, Barry Andrews, Chris Andrews, Seán Ardagh, Bobby Aylward, Joe Behan, Niall Blaney, Áine Brady, Cyprian Brady, Johnny Brady, John Browne, Thomas Byrne, Dara Calleary, Pat Carey, Margaret Conlon, Seán Connick, Mary Coughlan, John Cregan, Ciarán Cuffe, John Curran, Noel Dempsey, Jimmy Devins, Frank Fahey, Michael Finneran, Michael Fitzpatrick, Seán Fleming, Beverley Flynn, Paul Gogarty, John Gormley, Mary Hanafin, Seán Haughey, Jackie Healy-Rae, Máire Hoctor, Billy Kelleher, Peter Kelly, Michael Kennedy, Tony Killeen, Michael Kitt, Conor Lenihan, Tom McEllistrim, Mattie McGrath, Michael McGrath, 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, Willie O'Dea, John O'Donoghue, Noel O'Flynn, Rory O'Hanlon, Batt O'Keeffe, Mary O'Rourke, Christy O'Sullivan, Maureen O'Sullivan, Peter Power, Dick Roche, Eamon Ryan, Trevor Sargent, Eamon Scanlon, Brendan Smith, Noel Treacy, Mary Wallace, Mary White, Michael Woods)

Against the motion: 62 (James Bannon, Seán Barrett, Tommy Broughan, Richard Bruton, Ulick Burke, Joan Burton, Catherine Byrne, Deirdre Clune, Noel Coonan, Joe Costello, Simon Coveney, Seymour Crawford, Lucinda Creighton, Michael D'Arcy, Jimmy Deenihan, Pearse Doherty, Andrew Doyle, Bernard Durkan, Damien English, Frank Feighan, Martin Ferris, Charles Flanagan, Terence Flanagan, Eamon Gilmore, Brian Hayes, Michael D Higgins, Phil Hogan, Brendan Howlin, Paul Kehoe, Enda Kenny, Ciarán Lynch, Kathleen Lynch, Pádraic McCormack, Shane McEntee, Dinny McGinley, Finian McGrath, Liz McManus, Denis Naughten, Dan Neville, Michael Noonan, Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Kieran O'Donnell, Fergus O'Dowd, John O'Mahony, Jan O'Sullivan, Willie Penrose, John Perry, Ruairi Quinn, James Reilly, Michael Ring, Alan Shatter, Tom Sheahan, P J Sheehan, Seán Sherlock, Róisín Shortall, Emmet Stagg, David Stanton, Joanna Tuffy, Mary Upton, Leo Varadkar, Jack Wall)

Tellers: Tá, Deputies John Cregan and John Curran; Níl, Deputies Emmet Stagg and Paul Kehoe

Question declared carried

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Is the proposal for dealing with No. 15a, statements on the severe weather conditions, agreed to? Agreed.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I note from the draft schedule for next week that it is intended to introduce the social welfare Bill at 6.30 p.m. on Wednesday and to have it concluded on Thursday. Will the Tánaiste indicate at what stage of preparation is the finance Bill at the moment? Will the Tánaiste indicate to the House what date in January the Dáil will resume, at which stage the finance Bill will be taken? On the original calendar of events the Dáil was not due to return until mid to late January. The commitments given by the Taoiseach for a general election, presumably in February, would warrant the Dáil being recalled at an earlier date to deal properly with the finance Bill. My view was that we could have dealt with it in a slimmed down version but the Government does not accept that. Will the Tánaiste indicate if the Government has decided on what date in January the Dáil will be recalled? At what stage is the preparation of the finance Bill at the moment?

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Government has signalled the social welfare Bill for the coming week. Clearly, it will be guillotined and rushed through. Will the finance Bill be published next week or the following week? Has the Government made a decision yet with regard to any extended sittings of the Dáil during the remaining two weeks of the signalled session? Will the Government heed the appeals of Opposition voices not to fast-track either the social welfare or the finance Bills and to allow for adequate time and full participation, which is required? In this context, would it not be wiser to signal now that the Government intends to come back after the Christmas recess and that these matters will be addressed properly and over the required time for full participation?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The social welfare Bill is planned for Wednesday at 6.30 p.m. and to go through on Thursday. This is the reason we are providing for special opportunities to take time to go through the legislation. In normal circumstances, the finance Bill comes in at the end of January. The Department of Finance is working on the Bill at present. It is more than likely that it will be some weeks earlier but the date has not been decided as of yet.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Surely, the Government is aware, following instructions from the Taoiseach, of what date in January the Dáil will come back. We have firm indications of the Taoiseach's intention to call an election and to hold it in the month of February. The Green Party wants it at the end of January. I would prefer if it were now. However, the Government should be aware by now what date the Dáil is being recalled in January. The original calendar was for 18 January. In view of the unprecedented and harsh economic circumstances that our people face, surely it should be in order to sit longer before Christmas and to come back earlier. The people want their say and there is no point in the Government Members prolonging the agony for themselves. The Government could have all of this done before Christmas if it so wished. If the Tánaiste maintains the Government cannot do it, what is the earliest date in January that the Dáil will be recalled? Will it be 6 January, 7 January or when?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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We have been putting up with vague answers from the Government for a long time. One asks a question about when the Dáil will be reconvened and receives an answer to the effect that the Government has not yet decided. One asks when the finance Bill will be introduced and is informed the Government has not yet decided and of what was done last year. That day is over and I will explain why. In the document the Government sent to the IMF and the EU, it has committed itself to precise dates for doing everything. For example, every Friday the Government must give a report to the IMF and EU institutions on information on the main Government spending and receipt items.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We have been over this ground before and I have not doubt we will be back to it.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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This must be submitted every Friday to the IMF and the EU and report on everything that has been done up to the previous Thursday. The document will contain detail about when legislation is to be presented and so on. In this context we are entitled to hear something other than the traditional vague answers we have received from the Taoiseach and the Tánaiste on these matters. On what date will the Dáil reconvene after Christmas and on what date will the finance Bill be introduced? We are aware the social welfare Bill will be introduced and enacted next week, on budget week, which was never done before. It will be brought in on Wednesday.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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It was always done before Christmas.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It was not always done before Christmas.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Let us not get bogged down in exchanges. Please, could we keep moving?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It was done last year before Christmas so that Deputy Noel Ahern and his colleagues could go out with their leaflets after Christmas and pretend it was a done deal. That is why it was done.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Please, Deputy Gilmore. We are wasting time on the Order of Business.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It is being done before Christmas this year because it has been agreed with the EU and the IMF that it should be done before Christmas. Presumably, the date on which the finance Bill will be introduced has already been communicated to the EU and the IMF. They know when the finance Bill will be introduced. We are entitled to know when the finance Bill will be introduced and on what date the Dáil is to be reconvened. Let us have less of the vagueness from the Tánaiste and more straightness with the Dáil.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In her response to the earlier questions the Tánaiste indicated the finance Bill would be brought forward by "some weeks". How does the Tánaiste translate "some weeks"? How many weeks is that? Is there a possibility that the finance Bill may present before Christmas? Is the Dáil to sit for an extended time in the coming week and the week following before the signalled recess at Christmas? Has that matter been determined by the Government? In real rather than vague terms, when does the Tánaiste expect the finance Bill to present?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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For the benefit of all Members, there has always been a social welfare Bill prior to Christmas to give legislative effect to budgetary decisions.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Last year was the first time.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Deputy is incorrect. I introduced such Bills as Minister for Social and Family Affairs in 2002 and 2003.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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That was to give double payments at Christmas time.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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One always introduces the social welfare Bill to give legislative effect to the budgetary provisions such that people can be paid on the first day of January and then there is a second Bill in March. These are the facts of the situation. The Deputy should stop making inaccuracies in the House. The finance Bill will be prepared. It must be prepared. No decision has been made on when the House will resume after Christmas; all I can say is that it will resume after Christmas.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Thank God for that.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I wish to ask the Tánaiste about two things which arise in the document. There are references in the document to receipts upon the sale of State assets.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy, please. The Order of Business does not contemplate a question and answer session and I cannot accommodate it.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Allow me to ask a question. Previously, the Taoiseach informed the House that Colm McCarthy was heading a group to examine the sale of State assets. Will the Tánaiste indicate when the report, whether a work in progress or a final version, of the group will be made available to the House? Will it be made available this weekend before the budget? In the document signed off by the Minister for Finance and the Governor of the Central Bank, there is a reference to the introduction of a fiscal responsibility law which "will introduce a medium-term expenditure framework with binding multi-annual ceilings on expenditure in each area" by the end of July 2011 and to be passed into law by September 2011. There is considerable legal opinion that suggests such a fiscal responsibility law in this country under our Constitution-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy could simply ask when can we expect the Bill to be published.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Our Constitution is not simply the statutes of the IMF. Bunreacht na hÉireann is for ourselves as well.

The Labour Party has taken advice on this matter. It was discussed extensively at the finance committee that such a fiscal responsibility law would require a constitutional amendment.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy cannot pursue this matter on the Order of Business.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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When will there be a referendum on a constitutional amendment to provide for this law?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We have no provision to do it this way.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Sorry, a Cheann Comhairle, it is promised legislation.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have a debate on it on the Order of Business. A simple inquiry about promised legislation is fine on the Order of Business but not a debate on the matter.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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How can promised legislation be brought forward if it is constitutionally impossible? It is a reasonable question for a Member of the Opposition to ask.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Will the Deputy inquire about the legislation?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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It is a reasonable question to ask under Standing Orders. Is the Tánaiste capable of answering the question?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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There is work in progress on the McCarthy report and I do not have an exact date as to when that matter will be brought to the Government.

The proposed legislative matters in the EU-IMF programme will be taken according to the dates set down and the Government will take its legal advice from the Attorney General.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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On the McCarthy report-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Bruton cannot pursue the matter in this manner.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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-----can we have a progress report?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have a question-and-answer session on the Order of Business. I have allowed the Deputy considerable latitude so far.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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You are taking longer to shout at me then I am for these questions.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not. I am endeavouring to implement the Standing Orders. I have a duty and an obligation to do so.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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You are taking longer to shout at me. You are not speaking to me. You are shouting at me.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not shouting at you. I am telling the Deputy the position on this and I ask her to co-operate with the Chair.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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You are shouting at me.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am not shouting at you.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Can you stop shouting at me?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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You are shouting at Deputy Burton.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I am telling you to resume your seat if you are not going to respect Standing Orders. I have allowed you considerable latitude so far.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Will you lower your voice, please?

Photo of Michael KennedyMichael Kennedy (Dublin North, Fianna Fail)
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Will Deputy Burton show some respect to the Chair?

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Listen to the man in the green jersey.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy Burton will resume her seat. I call on Deputy McManus.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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On a point of order-----

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

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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-----will the Tánaiste explain what the reference is to €700 million of receipts in the Government's four year plan?

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

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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That is not a point of order. Resume your seat. You are abusing the Order of Business.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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We are entitled to know the breakdown of €700 million of receipts in the four year plan from capital savings.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy is abusing the Order of Business. I call on Deputy McManus.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Apparently, the Government had hours and hours to work on it.

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

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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When the Greens went into Government, they said the reason they were doing so was to tackle climate change. A climate change Bill was promised. The Minister for the Environment, Heritage and Local Government, Deputy Gormley, tweeted the heads of the Bill would be published in November.

It seems, however, the Greens have abandoned the whole issue of tackling climate change and it is no longer one of their core values. The countries of the world are meeting in Cancun to try and tackle climate change this month, yet the Government has no legislation in this regard. This disturbs people greatly who have a concern about this issue which is becoming more acute. Will Fianna Fáil take on the task of publishing the climate change Bill since the Greens are no longer taking responsibility?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Deputy McManus is embellishing the question.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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The programme for Government included a commitment to publish climate change legislation. Will the Tánaiste take on the responsibility to ensure the Government lives up to its commitment?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The heads of the Bill were passed by the Government on 15 November. I will get a direct update for the Deputy.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I really appreciate that because that is the first concrete information I got on this legislation.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy has received her reply.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I am grateful to the Tánaiste for this new information. Why have the heads not been published?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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We cannot have a question-and-answer session on the Order of Business. It is as simple as that. I call on Deputy Coonan.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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A Cheann Comhairle,-----

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I did not call you, Deputy Burton.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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-----page eight of the EU-IMF programme.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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I have not called you. I called Deputy Coonan.

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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As the Tánaiste and the Minister for Transport are in the Chamber, will they use their good offices to avail of a generous offer by the IFA and local contractors to spread salt and grit in rural areas?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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Point well made.

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)
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That is no problem.

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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Maybe people in Dublin will give a hand to put salt on streets. If we all worked together, it would be much easier to handle this crisis.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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The Civil Law (Miscellaneous Provisions) Bill is on Second Stage. Will it be completed before the end of session? If not, will Fine Gael's similar Private Members' legislation, the Civil Liability Bill, which has passed Second Stage, be taken in lieu of the former?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I will take on board the Deputy's comments in the context of the preparation of the legislation for the end of the year.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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IRISH.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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IRISH.

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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I welcome the Minister's reply to the point raised by Deputy Coonan. The Government has asked people to use public transport during the current weather conditions. There were several rows on Luas carriages yesterday evening due to overcrowding resulting in several drivers having to stop their trains. Will the Minister use his office to contact the Rail Procurement Agency to ensure some security measures are put in place to prevent trams getting too packed?

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy has made her point.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Civil Law (Miscellaneous Provisions) Bill addresses a whole series of different areas of law that need to be reformed. I assume there is no reality in that Bill being enacted before the general election.

When it was before the House, I invited the Minister for Justice and Law Reform to remove the section that deals with the enforcement of maintenance support orders and to introduce emergency legislation to deal specifically with this issue. I also told him Fine Gael would support it and it could be nodded through the House in 20 minutes. There are wives and mothers across the country who are the beneficiaries of maintenance support orders made in the District Court for either their or child or child support or both. They find their orders are unenforceable and the courts have no method of ensuring they receive payment.

Photo of Séamus KirkSéamus Kirk (Louth, Ceann Comhairle)
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The Deputy has made his point.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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This has been the position for 18 months. Will the Tánaiste ask the Minister for Justice and Law Reform to find half an hour next week to introduce such emergency legislation? There is no controversy between us about it; it is an urgent measure, which is badly needed. Wives and mothers are very badly affected in the current situation.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Chief Whip has said he will discuss the matter with all the Whips to see if we can get that matter resolved and, if there are no disputes, get it through the House.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I wish to ask the Tánaiste about two matters - first, the female genital mutilation Bill that I raised last week in the House; and, second, the noise nuisance Bill.

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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They are both listed for this session.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Could I have any further information? Will they come before the House this session?

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I will try to find out, but they will be published this session.