Dáil debates

Tuesday, 17 May 2011

Requests to move Adjournment of Dáil under Standing Order 32

 

4:00 pm

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Before coming to the Order of Business, I propose to deal with a notice under Standing Order 32. I call on Deputy Clare Daly to state the matter.

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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I seek the adjournment of the Dáil under Standing Order 32 to debate the following matter of urgent public importance, namely, that a major construction company, the main contractor for the Portrane wastewater treatment plant, received full payment from Fingal County Council but refused to pay subcontractors on the scheme, thereby jeopardising the livelihoods of the workers involved; and the urgent need for legislation to prevent the increasingly common practice where subcontractors and other workers are left unpaid by those in receipt of substantial funds for major public contracts.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Having considered the matter raised, I do not consider it to be in order under Standing Order 32.

^ ^

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 5, motion re report of the Standing Order 103 Select Committee on the proposal for a Council directive on a common consolidated corporate tax base, COM (2011) 121. It is also proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. and business shall be interrupted on the adjournment of Private Members' business which shall be No. 19, motion re Dublin and Monaghan bombings, which shall take place at 7 p.m. or at the conclusion of No. 5, whichever is the later, and which shall adjourn after 90 minutes; (2) the proceedings on No. 5 shall, if not previously concluded, be brought to a conclusion at 7 p.m. by one question which shall be put from the Chair and which shall, in regard to amendments, include only those set down or accepted by the Minister for Finance, and the following arrangements shall apply: the speeches of the Chairman of the Standing Order 103 Select Committee and the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group who shall be called upon in that order shall not exceed 15 minutes in each case; the speeches of each other Member called upon shall not exceed ten minutes in each case; Members may share time; a Minister or a Minister of State shall be called upon to make a speech in reply which shall not exceed ten minutes; and amendments proposed to the motion may include those that substitute, add to or otherwise vary the reasons for opinion set out in paragraphs 6 to 10 of the report of the Standing Order 103 Select Committee; and (3) the Dáil on its rising today shall adjourn until 1.30 p.m. tomorrow and the following arrangements shall apply: there shall be no suspension of sitting under Standing Order 23(1); and questions for oral answer to other members of the Government shall be taken at the conclusion of questions for oral answer to the Taoiseach and shall conclude after 75 minutes.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed to? Agreed. Is the proposal for dealing with No. 5 agreed to? Agreed. Is the proposal that the Dáil on its rising today shall adjourn until 1.30 p.m. tomorrow agreed to? Agreed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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It is now over ten weeks since the Taoiseach first committed to enabling the Minister for Public Expenditure and Reform to be accountable to the Dáil. As we saw at the weekend, he has been very much available to the national and international media and is even willing to have a public disagreement with the Minister for Finance on the restructuring of the debt. It appears the only people whose questions he is not in a position to answer are Members of Dáil Éireann. There is the motion on the Order Paper that would allow questions to be tabled to him immediately. Passing this motion would mean we would not have to wait until the end of next month at the earliest to question a person who is, even by Deputy Brendan Howlin's own admission, one of the most important Ministers in the Government. With the Taoiseach allow the motion on the Order Paper to be passed without debate to allow us to bring closure to this issue?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Minister, Deputy Brendan Howlin, wants to be able to come into the House to answer questions. The Bill to give effect to the setting up of his Department was cleared by the Government this morning and will be published in the next couple of days. I hope we can get it through as quickly as possible. The transfer of powers to the second Department, the Department of Public Expenditure and Reform, is quite detailed. Splitting the Department of Finance into two separate Departments requires absolute clarity such that nobody will make a mistake. The Bill was cleared this morning and will be published in the next couple of days. We will then get on with the matter. I can certainly attest to the fact that the Minister wants to be able to answer questions for everyone in the House.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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There are reports that the joint labour committee wage agreement was discussed by the Cabinet. Given the impact any decisions may have on the 300,000 low paid workers affected by it, is it intended to bring forward legislation? If so, when will it be published? What changes to terms and conditions will be contained in the agreement?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Government has not concluded its deliberations in respect of that. When it has, they will be announced as quickly as possible. We have set the date of 1 July for implementing the reversal of the cut in the minimum wage, as was announced by the Minister for Finance in his contribution in the House on the jobs initiative last week.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The Taoiseach will be aware of the difficulties faced by a major construction company in the west and the impact on 400 subcontractor jobs. When does he intend to introduce the Construction Contracts Bill which was passed by the Seanad? The issue targeted by the company was the difficulty in getting payment for Government contracts. The Minister for Enterprise, Jobs and Innovation, Deputy Richard Bruton, has made some commitments regarding a prompt payments for Government contracts Bill. Will that be introduced soon?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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This is an important issue. The company in question is carrying out work on a number of Government contracts at present, as the Deputy is aware. The Minister for Finance, Deputy Michael Noonan, has agreed to bring the Bill passed by the Seanad to the Dáil but a number of additions to that Bill are being worked on in the Department. In respect of the Bill to be introduced by Deputy Bruton, I will refer back to the Deputy with an approximate date as soon as I have it.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Is there a time-line for the introduction of the Construction Contracts Bill?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It will be taken promptly by the Minister for Finance.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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How promptly?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will give the Deputy a date.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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One of the consequences of the pension levy introduced to fund the jobs initiative is that it will refocus people's attention on the state of pension funds in Ireland and the size of the liability they could generate in the future. With that in mind, when will the promised public service pension single scheme Bill be introduced? Will it be before the summer recess?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is listed for this session and it is hoped to take it in this session. A number of legislative measures will be required under the IMF-EU agreement and these are time-lined; in other words, they must be introduced by particular dates to comply with the conditions of the agreement. I am examining the range and extent of what is required in consultation with the Office of the Attorney General and the facilities and resources it has to produce this. I will inform the House as soon as I have a clear picture in that regard. It is critical that we be in compliance with those time-lines to comply with the conditions of the IMF-EU bailout. Therefore, legislation that is already listed might not receive the same priority but I will give the House full information when I know the range and extent of what we must do.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have a question for the Taoiseach but you, a Cheann Comhairle, might be able to offer advice. In all my years as a Member of the House I have not received a reply to a parliamentary question like the one I received last week from the HSE. It was about a specific case involving a seven year old boy. The HSE response was that it cannot-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I appreciate that it is an important issue but it is not appropriate to the Order of Business.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is just a sentence. The HSE said it could not provide information on specific cases. That is not my experience, and it is a serious development.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is not appropriate to the Order of Business.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What do you suggest?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It could be the subject of an Adjournment debate.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is fine in terms of raising the issue with the Minister, but there is also the issue of whether this is to be the practice. The Taoiseach and other Members will be aware that it has been difficult to get responses from the parliamentary affairs division of the HSE. However, if it is now to be the practice that one cannot raise a specific case-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I suggest the Deputy raise it on the Adjournment.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----it is a very serious development. I ask the Taoiseach to raise it with the Minister. Whatever your good offices can do to help, a Cheann Comhairle, will be much appreciated.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am always available to help, Deputy, but not in this way.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is in the interest of all Deputies. Can the Taoiseach confirm that he will raise it?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Perhaps Deputy Ó Caoláin will give me a copy of that response. It is in the interests of every Deputy to be able to get appropriate information about any individual case. I made that case from the other side of the House for long enough. In the same way that the Minister for Justice and Equality answers for the Garda Síochána in the House in respect of individual cases with appropriate information, the same should apply in other Departments. The issue is to put a structure in place that achieves that. I invite the Deputy either to take the Ceann Comhairle's advice and raise the case in an Adjournment debate or to give me a copy of the reply he received. We will see if we can do something about this.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I thank the Taoiseach.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Given the Taoiseach's statement and the statements of many people in the media and elsewhere about the importance of the visits by the Queen and President Obama, the cost and the various issues that have arisen, I am surprised there will not be an opportunity for statements to be made in the House.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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There have been plenty of statements.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is a genuine question. There has not been enough debate. Given the huge cost involved and the major impact it is having-----

Photo of Colm KeaveneyColm Keaveney (Galway East, Labour)
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And the benefits.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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The Deputy is making one.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----are we not going to discuss it at any stage?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should put down a parliamentary question and he will get all the details he wants.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Has the Deputy anything intelligent to say about the visit?

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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On another matter-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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On the Order of Business.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The Minister should stop barracking. I am asking a question. Another matter I raised previously was whether we would have a chance to debate the McCarthy report on the sale of State assets. The Taoiseach suggested that we discuss it with the Whips. It was raised at the Whips' meeting but we were told there is no appetite to discuss the report and the sale of State assets. Will we get a chance to discuss the report?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Deputy does not suffer from amnesia. I heard him raise the Queen's visit in the House in disparaging terms last week. If the Deputy wants an opportunity to discuss the McCarthy report, we will provide it but last week Deputies were complaining that all the House was doing was discussing reports and that it should move on to legislation. We are doing that. The Deputy's party Whip made this point very vociferously.

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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It is not a party, it is a Technical Group.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I give Deputy Boyd Barrett a commitment that he will have an opportunity to discuss the McCarthy report. To sharpen the Deputy's memory, he raised the question of Her Majesty's visit last week.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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That was for three minutes.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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After three minutes it would clearly be a waste of time to give the Deputy more.

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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The Deputy went to Harrods for his shirt.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is also the opportunity to raise issues in Private Members' time.

Photo of Derek KeatingDerek Keating (Dublin Mid West, Fine Gael)
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Does the Taoiseach believe new legislation or an amendment to existing legislation will be required following what emerged on the "Prime Time" programme, entitled "Dodgy Cabs Ltd.", last night?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is not appropriate to the Order of Business.

Photo of Derek KeatingDerek Keating (Dublin Mid West, Fine Gael)
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It is about legislation and whether new legislation is required or if existing legislation should be amended. What emerged in the programme about the dark underbelly of the Irish taxi industry and the fact that criminals are operating taxis are matters of great concern and many people contacted me about it this morning, particularly as the centre that featured in the programme is located in my constituency.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I thank Deputy Keating for raising this. It is not a matter of introducing new legislation but of enforcing existing regulations. That will be the focus of the Minister, Deputy Leo Varadkar, and the Minister of State, Deputy Alan Kelly.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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What are the legislative arrangements for the implementation of the provisions of the jobs initiative announced last week? Will legislation other than the Finance (No. 2) Bill be required? When is it expected to deal with the Finance (No. 2) Bill?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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This was cleared by the Cabinet this morning. The minimum wage will be dealt with by the Minister for Social Protection and the Minister for Finance will deal with the jobs initiative in the next two to three weeks.

5:00 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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To return to the taxi industry, there is little point in the Taoiseach expressing dismay with the industry and the fact that it is on its knees if he does not understand that new legislation is required. It is not a matter of enforcing current regulations but of re-regulating the industry on a number of fronts, including the vetting of drivers which was raised by another Deputy.

I understand the Minister is conducting a review. I believe this review will reflect clearly that the current regulatory regime-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is not Question Time.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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-----has failed. On foot of the review, is the Government prepared to countenance new legislation?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are talking about legislation that is being promised. This is what the Order of Business is about. Has legislation been promised in this area?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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No, but there is a section of the Act that allows for people to be banned from driving. That has not been implemented yet. If legislation is to be produced arising from the Minister's examination of this, then he will not shirk his responsibility. However, we need an accurate factual analysis of where this has gone wrong and where enforcement needs to be tightened up. If new legislation is required for this, then so be it.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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Is the Taoiseach aware that the nursing home support scheme has been suspended by the HSE? Applicants are now being informed-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is this a question on promised legislation?

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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I am trying to ascertain whether he intends to amend or abolish the nursing home support scheme in view of the fact-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is a parliamentary question.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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-----that there is no finance available.

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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It is in the programme for Government.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the abolition of the scheme in the programme for Government?

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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No, I am talking about funding of the scheme. There is a commitment in the programme for Government to improve the nursing home support scheme, but this week applicants have been informed by the HSE that while their application will be accepted, there is no funding available this year for any further funding of the scheme.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not promised legislation. The Deputy should table a parliamentary question.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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When does the Taoiseach and his Government intend to bring forward an amendment to suspend the Bill, or do they intend to live up to the commitments made in the programme for Government?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation here?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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No.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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There is no funding either.

A Deputy:

Thanks to the Deputy's crowd.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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There was €1 billion.

(Interruptions).

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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It was a commitment in the programme for Government.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It can be raised in Private Members' time, or through parliamentary questions. There are many ways you can raise this and still be in order, and I will be delighted to facilitate you. You have been long enough around here to know that.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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I am just trying to clarify whether the Government intends to live up to the commitments in the programme for Government, and whether legislation is required to suspend the scheme.

(Interruptions).

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Can we have some order? I call on Deputy McConalogue.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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The first 100 days and the Government is attacking old people.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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When does the Taoiseach expect the Government to introduce legislation, promised in the programme for Government, to set up the new child welfare and protection agency? When can we expect to see the Cloyne report published? Is it the Taoiseach's intention to stick-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You were doing very well until you got to the second question. That is out of order.

Photo of Charlie McConalogueCharlie McConalogue (Donegal North East, Fianna Fail)
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----by his party's previous commitment to extend the Murphy commission to all Catholic dioceses?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Government is absolutely committed to the programme for Government over its period of office. The primary focus is on giving legislative and constitutional authority to the new Minister with responsibility for children and youth affairs, which is a signal of the importance we associate with children as being fundamental to our future.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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What about legislation on the agency?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Cloyne report cannot be published yet due to legal difficulties. The Minister for Justice and Equality will report to the House on this issue in due course.