Dáil debates
Wednesday, 22 June 2011
Order of Business
11:00 am
Enda Kenny (Mayo, Fine Gael)
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Today's Order of Business is No. 15, motion re presentation and circulation of Revised Estimates 2011; No. 18, statements on pre-European Council meeting on 23 and 24 June; and No. 6, Finance (No. 3) Bill 2011 - Order for Second Stage and Second Stage.
It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m., (2) No. 15 shall be decided without debate and any division demanded thereon shall be taken forthwith, (3) the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: (i) the statements shall be confined to the Taoiseach and the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group who shall be called upon in that order and who may share their time and shall not exceed 15 minutes in each case; (ii) a Minister or a Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; (4) the proceedings on Second Stage of No. 6 shall, if not previously concluded, be brought to a conclusion at 10 p.m.; Private Members' business shall be No. 27, motion re remuneration (resumed), to conclude at 8.30 p.m., if not previously concluded.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are four 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. 15, motion re presentation and circulation of Revised Estimates 2011, without debate agreed to? Agreed. Is the proposal for dealing with No. 18, statements on pre-European Council meeting on 23 and 24 June, agreed to?
Gerry Adams (Louth, Sinn Fein)
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I note that there will be statements on the forthcoming European Council meeting. Can time be provided next week for a full report on the meeting, including for a debate on the outcome?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That would be the normal practice.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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May we seek confirmation?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is a matter for the Whips to agree on it.
Gerry Adams (Louth, Sinn Fein)
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We are looking to the Taoiseach to provide confirmation.
Enda Kenny (Mayo, Fine Gael)
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This is the first occasion on which any Government has provided an opportunity for Members to have their say before the holding of such a Council meeting. I know the time before the meeting is relatively short, but it is important. We are committed to providing such an opportunity and I want to see it happen. As is normal, there will be an opportunity for Deputy Gerry Adams and others to contribute next week when we discuss the outcome of this week's Council meeting.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with No. 6, Finance (No. 3) Bill 2011, agreed to?
Micheál Martin (Cork South Central, Fianna Fail)
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No, it is not agreed.
Joe Higgins (Dublin West, Socialist Party)
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Every single week there are one or two proposals which involve the discussion on Bills being guillotined. This is from parties which promised that there would not be a repetition of what previous Dáileanna had to endure at the hands of a Fianna Fáil-led Government. This a non-controversial measure. The vast majority of Members will support the Bill and welcome what it contains, but I object to the use of a guillotine. What will happen when there is more pressure in dealingn with other legislation and issues which will need far more time to be debated? I am signalling my objection to this approach.
Gerry Adams (Louth, Sinn Fein)
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Sinn Féin agrees with Deputy Joe Higgins. We also object to the use of the guillotine.
Enda Kenny (Mayo, Fine Gael)
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There is no objection to this short Bill. It is a tidying up measure which extends the same tax and pension rights to those in civil partnerships. I am not sure what Deputies will gain by continuing to talk about it when everybody agrees it should be done. That is all that is involved. The Bill is straightforward.
Ruairi Quinn (Dublin South East, Labour)
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We want to deliver it.
Enda Kenny (Mayo, Fine Gael)
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It is non-contentious. Perhaps the Deputy might say whether he objects to it.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We now proceed to legislative items on the Order of Business.
Micheál Martin (Cork South Central, Fianna Fail)
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Three weeks ago the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, outlined his legislative proposals in respect of political donations. When the Fianna Fáil Bill was voted down by the Government parties in April-----
Pat Rabbitte (Dublin South West, Labour)
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This is unbelievable.
Micheál Martin (Cork South Central, Fianna Fail)
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-----the Taoiseach said the Government's Bill would be published within weeks and enacted before the recess. It is now absolutely clear that it will not be enacted in the next few weeks. Perhaps, therefore, the Taoiseach might clarify the matter. He said legislation to restrict personal donations and place a ban on corporate donations would be in force for all candidates and in respect of all fund-raising activities by parties for the Presidential election. Will he confirm that this commitment is no more and that the existing donation rules will operate in respect of the Presidential election?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not dealing with the contents of legislation.
Micheál Martin (Cork South Central, Fianna Fail)
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When will the legislation be brought before the House?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That question is in order, but not the one dealing with the contents of the legislation.
Micheál Martin (Cork South Central, Fianna Fail)
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I am sure the Taoiseach wants to help the House.
Enda Kenny (Mayo, Fine Gael)
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The Minister is working on the legislation and we expect him to bring it forward very soon.
Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach said it one month ago and also said it the month before that.
Enda Kenny (Mayo, Fine Gael)
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I do not want to refer to the record of the Government of which the Deputy was a member on corporate donations.
Ruairi Quinn (Dublin South East, Labour)
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They were in office for 14 years.
Enda Kenny (Mayo, Fine Gael)
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There was no reform for 14 years. The Minister, Deputy Phil Hogan, is dealing with the matter as a priority. He will bring forward the legislation in a couple of weeks at which time we will get on with discussing and passing it through the House.
Pat Rabbitte (Dublin South West, Labour)
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If you did not stop John Gormley, it might have been enacted by now.
Micheál Martin (Cork South Central, Fianna Fail)
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There is a measure on the Order Paper that could be implemented quickly if the Government agreed to debate in Government time.
Pat Rabbitte (Dublin South West, Labour)
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If he did not do it in 14 years-----
Ruairi Quinn (Dublin South East, Labour)
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He took the money instead.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Taoiseach has answered the question.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Statements by the Minister for Health have been consistently requested, with an opportunity to question him on a variety of crises, yet such an opportunity has not been provided. The Government's intended legislative programme has been published, but the list was much reduced. Some important items of legislation that we, including the Minister for Health, have been pursuing for a long time are no longer even in the programme. In the context of everything Deputy Gerry Adams has raised this morning and yesterday, the eligibility for health and social services Bill is one example. Time and again we have noted this matter. In the previous Government's final legislative programme it was stated it was not possible to indicate when it would be introduced. However, it does not even appear in the Government's legislative programme. What is the status of the eligibility for health and social services Bill? Will the Minister and the Department reinstate this promised legislation on the list? It should be expedited, given the level of public concern about so many aspects of the delivery of health services.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Has this legislation been promised?
Enda Kenny (Mayo, Fine Gael)
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Late last year the Department of Health completed a review of the health services eligibility framework which is set out in the Health Act 1970. A draft Government memorandum sought approval to prepare the draft heads of a Bill. This was circulated to all Departments for observations in December 2010. This work has been suspended because we need ministerial guidance and clarification on the legislation required to give effect to the new approach to the delivery of health services envisaged in the programme for Government. The Minister for Health will respond to that in due course in dealing with universal health insurance, universal primary care and so on. It will come back but it will be on the basis of the new priorities reflected in the programme for Government as driven by the Minister for Health and his Ministers of State.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What about the people's right to eligibility and entitlement? What is the Taoiseach doing about this?
Enda Kenny (Mayo, Fine Gael)
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For instance, when the Deputy says that the Minister did not have the opportunity to speak to the Dáil-----
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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He has not taken it.
Enda Kenny (Mayo, Fine Gael)
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-----last evening, the Minister of State responded to the question raised by Deputy Adams about eligibility for services, people's rights and transport and ambulance services on a matter on the Adjournment debate last night.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Taoiseach certainly did not answer it this morning.
Joe Higgins (Dublin West, Socialist Party)
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Half of the people in this State believe they were misled by Fine Gael and the Labour Party with their election promises, according to a poll in the Irish Independent this morning.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not dealing with polls at the moment. The Deputy to proceed on a matter of promised legislation.
Joe Higgins (Dublin West, Socialist Party)
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At a time when we also learn that the crucial resource of visiting teachers for Traveller children is being withdrawn, I remind the Taoiseach that the two Government parties' promises were for equity in education and to legislate for that. Will the Taoiseach come before the Dáil shortly with the real programme for this Government and the real cuts rather than the increasingly fictionalised programme for Government, as he bends the knee to bankers in Europe and speculators?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there an item of legislation about which the Deputy is concerned?
Joe Higgins (Dublin West, Socialist Party)
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No, I am asking the Government to come forward with its real programme and let us have a measure of honesty so we know what that is.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is a different issue. That is not a matter for this item of business.
Pearse Doherty (Donegal South West, Sinn Fein)
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In the context of the presidential election, I am not sure if the Taoiseach is aware that at least one local authority is refusing to accept the nomination from councillors.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, the Deputy is out of order.
Pearse Doherty (Donegal South West, Sinn Fein)
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No, this matter is in regard to proposed legislation. At least one council refuses to accept the nomination for president given that the legal advice is that it is irregular and that it would not have any legal standing.
Pat Rabbitte (Dublin South West, Labour)
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A local authority cannot run for the presidency.
Pearse Doherty (Donegal South West, Sinn Fein)
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This is a nomination for the presidency.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask the Deputy to address his remarks through the Chair.
Pearse Doherty (Donegal South West, Sinn Fein)
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When will the regulations be issued to the local authorities? Is legislation required to allow local authorities to vote at this stage in regard to an Independent candidate given that this goes to the very heart of democracy?
Pearse Doherty (Donegal South West, Sinn Fein)
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This is on the basis of legal advice and a local authority is refusing to accept the motion.
Bernard Durkan (Kildare North, Fine Gael)
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Is Deputy Doherty running for it?
Pearse Doherty (Donegal South West, Sinn Fein)
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Is legislation required to regularise this position?
Dara Calleary (Mayo, Fianna Fail)
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Come on Bernard, you should throw your name in.
Enda Kenny (Mayo, Fine Gael)
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Under the current rules, regulations and legislation, local authorities are entitled, in their deliberations, to give a nomination to a candidate if they so wish. Obviously the matter-----
Dara Calleary (Mayo, Fianna Fail)
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Unless it is the Fine Gael-----
Enda Kenny (Mayo, Fine Gael)
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Obviously the matter of the presidential election is proceeding. I expect it will be a very vibrant and energetic contest-----
Enda Kenny (Mayo, Fine Gael)
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-----and I hope whoever wins the presidency will go on to represent our people and country-----
Dara Calleary (Mayo, Fianna Fail)
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Go on Taoiseach, who are you backing? It is like the Grand National.
Enda Kenny (Mayo, Fine Gael)
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-----in a proper and fitting fashion and to the highest standards.
Timmy Dooley (Clare, Fianna Fail)
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You might put yourself forward.
Michael McCarthy (Cork South West, Labour)
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What is happening on the criminal justice Bill, listed on the Government's legislative programme, which aims to amend criminal law to improve certain procedural matters and strengthen Garda investigative powers in relation to white collar crime?
Dara Calleary (Mayo, Fianna Fail)
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It is awaiting Committee Stage.
Enda Kenny (Mayo, Fine Gael)
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The position in so far as the white collar crime legislation is concerned is that it is awaiting Committee Stage. As the Deputy will be aware it was published by the Minister for Justice and Equality a short time ago. It is the first white collar crime Bill published here for very many years,-----
Enda Kenny (Mayo, Fine Gael)
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-----an indication of the Government's seriousness about a situation where people who stray outside the law can be brought before the law. It is awaiting Committee Stage.
Tommy Broughan (Dublin North East, Labour)
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Are the criminal justice (forensic investigations) Bill and the noise pollution Bill being brought forward? The Taoiseach will recall that in the previous Dáil and the Dáil before that there was great determination to bring forward a noise pollution Bill, but that has not happened yet.
Will the Taoiseach consider holding another referendum on the date of the presidential election on the European bailout? It appears that Greek citizens will get an opportunity to give their verdict on the bailout conditions which may apply to Greece from next week onwards. Given that we are facing into another tranche of the bailout, which unfortunately was negotiated disastrously by the previous Government and which continues in place, will the Taoiseach give the people an opportunity to have their say on it?
Enda Kenny (Mayo, Fine Gael)
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There is no date for the publication of the noise pollution Bill. The DNA data Bill should be ready before the end of the year. As Deputy Broughan will be aware and he is fully acquainted with all the facts, the Government is proceeding to meet the commitments and requirements of the IMF-EU bailout deal and Ireland is heading in the right direction. There are several serious challenges up ahead, which we will meet, arising from the confines of the spending review. As he will also be aware, the meeting in Luxembourg on Monday made a decision which will have a positive implications for all the countries of Europe.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Ellis and I hope his matter is about promised legislation.
Dessie Ellis (Dublin North West, Sinn Fein)
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Is the Taoiseach aware that many new Tesco express shops are springing up all over the place and many of these have been opened alongside existing businesses? I can give him many examples of such outlets. The existing businesses are well established.
Dessie Ellis (Dublin North West, Sinn Fein)
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I am coming to the question. These businesses are well established and employ many local people and others. Any there plans to deal with such unfair competition? Is legislation being brought forward to deal with unfair competition? When planning applications for such outlets are submitted, is the impact such operations will have on existing businesses taken into account?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation on this area, Taoiseach?
Enda Kenny (Mayo, Fine Gael)
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As Deputy Ellis will be aware, the local authorities accept planning applications and the planning process decides the nature and extent of any business. An Bord Pleanála and the legislation governing the retail size of outlets has its own bearing on that. The Minister for Jobs, Enterprise and Innovation deals with the Competition Authority and keeps that under pretty constant review. There is not any legislation as far I am aware on the specific issue the Deputy mentioned.
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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The European stability mechanism requires an amendment to the Lisbon treaty. Does the Taoiseach intend to hold a referendum to put a question to the people on agreeing to that amendment?
Enda Kenny (Mayo, Fine Gael)
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The previous Attorney General advised the Government at the time that a referendum was not necessary because of the minor nature of the change involved here in respect of Ireland. The current Attorney General is assessing that position. Our view is that a referendum is not necessary and the matter will be debated in the House in due course.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We will move on to questions to the Taoiseach.
Bernard Durkan (Kildare North, Fine Gael)
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A Cheann Comhairle, I was waving to you.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, I did not see the Deputy indicating.
Bernard Durkan (Kildare North, Fine Gael)
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I am becoming more and more invisible with the passage of time. It is sad but that is the way it is. (Interruptions).
Bernard Durkan (Kildare North, Fine Gael)
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A Ceann Comhairle, the Deputies are very unruly this morning. It is very unfair. On promised legislation-----
Micheál Martin (Cork South Central, Fianna Fail)
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The presidency Bill.
Bernard Durkan (Kildare North, Fine Gael)
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An important item of promised legislation is to provide a statutory basis for the vetting of applicants for employment and employees, including vetting to identify in particular information relating to the endangerment, sexual exploitation and sexual abuse or risk thereof to children and vulnerable adults. It was deemed to have been urgently required a year or two years ago. The previous Administration attempted to lend certain important-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Thank you very much. I will try to get the Deputy an answer to his question.
Bernard Durkan (Kildare North, Fine Gael)
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I appreciate the Chair's recognition of the issue.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank the Deputy for the background on it.
Bernard Durkan (Kildare North, Fine Gael)
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The previous Government failed to introduce this legislation.
Enda Kenny (Mayo, Fine Gael)
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It is national vetting Bill to which the Deputy refers. It is an important Bill and it is quite complex. It is currently being drafted between the Department of Justice and Equality and the Department of Children. I cannot give the Deputy an accurate date as to when it will be published.
Bernard Durkan (Kildare North, Fine Gael)
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I have one other matter. It is equally important. The Opposition will be delighted to hear about this. I refer to the clamping regulation Bill which is also promised.
Dara Calleary (Mayo, Fianna Fail)
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Do not put a clamp on Áras an Uachtaráin, Bernard.
Enda Kenny (Mayo, Fine Gael)
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We hope to clamp on that by the end of this year.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That will be ready by the end of this year, Deputy.
Timmy Dooley (Clare, Fianna Fail)
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I would say it will be when you bring in the budget.