Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 1, Local Government (Household Charge) Bill 2011 [Seanad] - Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. and shall adjourn not later than 10.30 p.m.; and that Private Members' business, which shall be No. 43, motion re policies affecting rural areas, shall be taken at 8 p.m. and shall adjourn after 90 minutes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

Micheál Martin (Cork South Central, Fianna Fail)
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One thing we all agreed this morning was that the Taoiseach would take questions after tomorrow's statements on the European Council. I ask him to confirm to the House that he will take questions afterwards, because this is a momentous summit with far-reaching implications for the country and for Europe. I take it that the format will be statements followed by questions to the Taoiseach from leaders.

With regard to forthcoming legislation, in the context of the Education Act 1998 and circulars emanating from this Act, my question is about the decision to devastate the guidance counselling service by bringing it within quota in terms of the pupil-teacher ratio at second level. Up to 800 posts will be suppressed in second-level schools as a result. Even more worryingly, however, an entire edifice that provides counselling and career guidance to thousands and thousands of students across the country will be damaged. Given the obligation in the Education Act that such a service must be provided, when will secondary legislation giving guidance to second-level principals be issued by the Department of Education and Skills to ensure this recent decision is implemented while maintaining the primary obligation in the Education Act? New circulars will have to issue because of the budgetary decision about career guidance and counselling.

Enda Kenny (Mayo, Fine Gael)
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Yes, I would be happy to answer questions after the debate tomorrow. If the Deputy wants extra time to discuss that and have a longer debate, I am quite amenable to that. This is a matter of consideration for every person in the country and I do not want to be constrained by a format that specifies four 15-minute speeches followed by 20 minutes of questions. If the Opposition looks for extra time, we will change the rules. We will come back here next week anyway, and we can have a longer period for discussion. I would be happy to answer-----

Micheál Martin (Cork South Central, Fianna Fail)
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Does the Taoiseach mean tomorrow?

Enda Kenny (Mayo, Fine Gael)
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Yes; I will extend the debate tomorrow if the Deputy wishes, and move tomorrow's business on to next week, because we are busy people.

Micheál Martin (Cork South Central, Fianna Fail)
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I ask the Taoiseach to stop messing.

Enda Kenny (Mayo, Fine Gael)
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I am not messing.

Micheál Martin (Cork South Central, Fianna Fail)
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He is.

Enda Kenny (Mayo, Fine Gael)
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I am quite serious. If the clamour starts - I am giving the Deputies warning in advance - for a sitting next week, we will be happy to do that. Tomorrow we will extend the debate for as long as Deputies want. The Tánaiste and I will be happy to answer questions and participate fully.

Emmet Stagg (Kildare North, Labour)
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The Deputies should be careful what they wish for.

Niall Collins (Limerick, Fianna Fail)
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If they keep pausing, we will keep coming.

Micheál Martin (Cork South Central, Fianna Fail)
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I know what the Taoiseach is wishing for.

Enda Kenny (Mayo, Fine Gael)
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With regard to the Deputy's other question, the Minister for Education and Skills set out clearly in his response to the budget with regard to guidance counselling that what is involved is a transfer of responsibility to principals in secondary schools. I do not agree with the numbers the Deputy mentioned. I spoke to a guidance counsellor yesterday who was happy-----

Micheál Martin (Cork South Central, Fianna Fail)
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Sorry?

Enda Kenny (Mayo, Fine Gael)
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-----to be part of the continuous stream of providing guidance. It is a matter for the principal of each school to decide whether to have a guidance counsellor who also teaches something else or one who is solely devoted to guidance counselling. It is the devolution of responsibility to those who have to make the decisions.

Micheál Martin (Cork South Central, Fianna Fail)
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Is the Taoiseach serious?

Enda Kenny (Mayo, Fine Gael)
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Leadership in secondary schools is of particular importance for the young generation growing up. It is part of the programme for Government.

Micheál Martin (Cork South Central, Fianna Fail)
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That is a very misleading statement to the House. The Taoiseach should correct it.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Adams.

Micheál Martin (Cork South Central, Fianna Fail)
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People will be aghast at what he has said. Guidance counsellors throughout the country will be aghast.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume his seat. I have called Deputy Adams.

Micheál Martin (Cork South Central, Fianna Fail)
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It is beyond belief the Taoiseach could say that. It is incredible stuff, and the Minister for Education and Skills is silent.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy can put down a question for the Minister for Education and Skills.

Micheál Martin (Cork South Central, Fianna Fail)
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Circulars will have to be issued on this.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin, please resume your seat.

Micheál Martin (Cork South Central, Fianna Fail)
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It is disgraceful.

Paul Kehoe (Wexford, Fine Gael)
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It is all your fault.

Barry Cowen (Laois-Offaly, Fianna Fail)
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It is your budget.

Gerry Adams (Louth, Sinn Fein)
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I wish to raise a couple of matters under ord an ghnó and a question under reachtaíocht atá geallta. We wondered whether the Taoiseach would be available to take questions and I am pleased he has committed himself to doing that. I will be even more pleased if he answers the questions. Second, a total of 24 parliamentary questions were taken together by the Taoiseach; 13 of the questions were from me. They were taken at the end of Question Time so we did not get time to deal with them. Sometimes one cannot govern what happens but this issue arises all the time. It is not within your authority, a Cheann Comhairle, but is a matter for the Taoiseach. It is ridiculous. We spend time putting down what we consider to be thoughtful questions in an effort to scrutinise, get information and have debate and discussion, but we are not given an opportunity to deal with them.

Under promised legislation, when will the Government publish the fiscal responsibility Bill? Is it intended to include in the Bill elements of the agreement reached at the EU summit last week and when will it be debated in the Dáil?

Enda Kenny (Mayo, Fine Gael)
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The time in which we answer questions runs out; I used to encounter this problem too. Two minutes are left and there is a series of questions to be answered so what does one do?

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Talk down the clock.

Enda Kenny (Mayo, Fine Gael)
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I am prepared to give the House extra time tomorrow because these questions were not dealt with today as we did not have time. I accept that. It is not the Ceann Comhairle's fault as the Standing Order sets down the time. There will be a longer period for discussion tomorrow and there will be questions and answers, when the Deputy can deal with his questions.

The questions that were put down are all linked. Deputy Adams had one about the Basque peace process. That is an issue of European importance but most of the questions are about the EU summit and its implications. The Deputy also asked if I met the incoming Prime Minister of Spain. I did, and if one talks to him, through an interpreter, about how things are in Spain, does one go on from there to the linked issue of the part of his country where the Basque peace process is now under way? One could deal with each of the questions individually but one would find that, for example, question No. 5 is already answered in question No. 9 and so forth.

In respect of today's business, which was also raised by Deputy Martin, I am prepared to extend the time allocated for the debate tomorrow and to extend the time for questions at the end of it. We will have to return to this issue, and probably on a number of occasions. Everybody will have an opportunity to have their say about what is of interest to all of us, that is, getting our country out of this mess while at the same time playing our part as a member of the European Union, which will be central to the growth and development of our economy and job opportunities for our people.

The fiscal responsibility Bill will be published in the spring. The Minister has done a great deal of work on it, and it will include a range of matters which we had already signalled even before the European Council meeting on Friday last.

Gerry Adams (Louth, Sinn Fein)
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Can I ask a brief supplementary question?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, I cannot allow it. A number of Deputies wish to ask questions. There are no supplementary questions on the Order of Business.

Gerry Adams (Louth, Sinn Fein)
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The Taoiseach said this Bill will contain parts of the agreement that we have not yet discussed.

Enda Kenny (Mayo, Fine Gael)
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We have already signalled what will be in the fiscal responsibility Bill. Much of what is in the Council political agreement of last Friday has already been worked on; there is not a great deal that is new in it. The fiscal responsibility Bill will be debated in the House in the spring and will contain much of what the Government has already set out in its programme for Government for dealing with proper budgeting procedures and proper fiscal competence, as one would expect in any country that wishes to run its affairs properly.

Billy Kelleher (Cork North Central, Fianna Fail)
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The Taoiseach might be aware that five women in St. Brendan's Hospital have had their liberty withdrawn. They will be transferred-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy has been granted a Topical Issue debate on this.

Billy Kelleher (Cork North Central, Fianna Fail)
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No, that is on education cuts. This is a different issue. This is about promised legislation.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is it about Grangegorman?

Billy Kelleher (Cork North Central, Fianna Fail)
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No, this is about Grangegorman in the context of the Mental Health (Amendment) Bill and the mental capacity Bill. Is the Taoiseach aware that five people's liberty has been withdrawn because of a lack of recruitment and intransigence on the part of the HSE and the Government?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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To which Bill is the Deputy referring?

Billy Kelleher (Cork North Central, Fianna Fail)
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I am talking about the Mental Health (Amendment) Bill and the mental capacity Bill. Will legislation be required to withdraw their liberty or is the Taoiseach going to bulldoze this appalling measure through?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy. We are dealing with that in Topical Issues.

Billy Kelleher (Cork North Central, Fianna Fail)
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I cannot, a Cheann Comhairle, because my Topical Issue is about education cuts.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Yes, but we are dealing with it in the Topical Issue debate.

Billy Kelleher (Cork North Central, Fianna Fail)
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I want to hear the Taoiseach's response on the issue of five women whose liberty has been withdrawn.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Taoiseach cannot-----

Billy Kelleher (Cork North Central, Fianna Fail)
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We only have hours or days to resolve this issue.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I told the Deputy I have granted a Topical Issue debate on it.

Billy Kelleher (Cork North Central, Fianna Fail)
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Not to this Deputy.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If you were in the group-----

Billy Kelleher (Cork North Central, Fianna Fail)
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You granted me a Topical Issue debate on education cuts, but there are so many cuts we are losing track of them.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Taoiseach reply on the legislation?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On other legislation-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Wait, Deputy. I will deal with one Deputy at a time.

Billy Kelleher (Cork North Central, Fianna Fail)
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A Cheann Comhairle, there are no mobile telephones-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please allow the Taoiseach to answer the question about promised legislation.

Billy Kelleher (Cork North Central, Fianna Fail)
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And the appalling attack on five women as well.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Not on the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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I do not have the details of what Deputy Kelleher is speaking about but the mental health capacity Bill will be published early in the new year. I cannot give the Deputy a date for the mental health Bill. On the question the Deputy raises about people's liberty being withdrawn, the Minister will be happy to respond to it.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Against the backdrop of the position articulated by Deputy Kelleher, I am a member of the all-party group on mental health, and the representatives of all parties and groups in this Chamber met this afternoon. There is unanimous concern, which I wish to reflect to the Taoiseach in asking my question on promised legislation, about the five women being placed in lock-up to facilitate staff scheduling difficulties-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That matter will be dealt with in the next item on the agenda.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----over the Christmas period. I am simply reflecting that, as I will not get the chance to participate in that debate. I must attend another meeting on mental health so I ask the Taoiseach to take this issue on board and to intervene.

Deputy Kelleher mentioned other Bills but it comes down to the eligibility for health and personal social services legislation. That key legislative measure has been repeatedly deferred. The Mental Health (Amendment) Bill will only correct drafting errors and create clarity. It will not make any substantive changes in mental health legislation but the eligibility Bill is hugely important. Hopefully, it would ensure that women or men in a comparable situation would never be placed in a lock-up area for several weeks, other than for their personal protection and for their care regime.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, we are discussing promised legislation.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I ask the Taoiseach to take that appeal on board and to reply on the legislation.

Enda Kenny (Mayo, Fine Gael)
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I know Deputy Ó Caoláin does not raise this purely from a political perspective. He has an interest in the issue, and I respect that. The Minister of State dealing with this area will respond on the Topical Issue in the House.

I was asked about the mental capacity Bill and the mental health Bill. The first Bill will be published early in the new year but I do not have a time for the second one. Neither of them deals with the immediate crisis Deputy Ó Caoláin and Deputy Kelleher raised. The Minister of State will respond on it.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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What about the eligibility for health and personal social services Bill?

Enda Kenny (Mayo, Fine Gael)
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I will have to revert to the Deputy on that. It was part of the previous Government's programme for Government.

Timmy Dooley (Clare, Fianna Fail)
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The Minister for Transport, Tourism and Sport has engaged an international group of consultants to carry out a review of the ownership and management of Cork and Shannon Airports. I understand the report has been presented to the Minister and there have been leaks from it. In the interest of providing everybody with the information-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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To what legislation is the Deputy referring?

Timmy Dooley (Clare, Fianna Fail)
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Under the State Airports Act 2004, will that report be published so the broader group of people who have an interest in this issue will have an opportunity to review it in tandem with the review by the Government?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should put down a parliamentary question. It is not promised legislation.

Timmy Dooley (Clare, Fianna Fail)
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In that context, is it the Government's intention to amend the State Airports Act 2004 to give effect to any of the proposals from the report by the international consultants?

Enda Kenny (Mayo, Fine Gael)
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The Minister commissioned a report in respect of the separation of airports and he has recieved it. He intends to brief Deputies in the constituencies where airports are concerned. I understand he intends to bring a memorandum to Government next week and we will deal with the issue from there.

Timmy Dooley (Clare, Fianna Fail)
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The Taoiseach should ensure that briefing include all Deputies in the region.

Micheál Martin (Cork South Central, Fianna Fail)
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It should be more substantial than previous briefings.

Enda Kenny (Mayo, Fine Gael)
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This is a very inclusive Government.

Timmy Dooley (Clare, Fianna Fail)
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I accept that.

Enda Kenny (Mayo, Fine Gael)
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We could not and would not leave out anyone.

Micheál Martin (Cork South Central, Fianna Fail)
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Talk to the Labour Party backbenchers.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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You got your answer.

Enda Kenny (Mayo, Fine Gael)
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The far-flung regions of Tipperary will be included.

Timmy Dooley (Clare, Fianna Fail)
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I welcome that. The Minister for Health has been holding briefings with Fine Gael and Labour backbenchers in regard to matters in our constituencies and unlike previous Ministers he has not included Opposition Deputies.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, please resume your seat.

Timmy Dooley (Clare, Fianna Fail)
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I welcome the proposal.

Enda Kenny (Mayo, Fine Gael)
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Your crowd did not tell your own people anything.

Timmy Dooley (Clare, Fianna Fail)
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We never had a problem. We were very open. We provided everybody with information, usually through the media.

Arthur Spring (Kerry North-West Limerick, Labour)
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We now find ourselves in the festive season where most families in the country are in a position to cherish children. We are now looking at having a children's rights referendum. When will proposed legislation be brought before the House and when will the referendum be held?

Enda Kenny (Mayo, Fine Gael)
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Wording is being considered by the Office of the Attorney General. It will be the new year before we have a comprehensive response. We will keep the House updated on progress being made.

Mattie McGrath (Tipperary South, Independent)
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Is there any promised legislation to deal with the Competition Authority?. It is 21 years of age this year and is a toothless and inept organisation, especially when it comes to dealing with cartels.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation?

Mattie McGrath (Tipperary South, Independent)
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I am asking the Taoiseach about promised legislation.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should table a parliamentary question.

Mattie McGrath (Tipperary South, Independent)
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Will there be a merger?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, the Deputy should table a parliamentary question. We only deal with promised legislation.

Mattie McGrath (Tipperary South, Independent)
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A merger is promised. A cartel operates in the cement industry. The merger is in the programme for Government; I would not raise it otherwise.

I wish our colleague, Deputy Healy-Rae, a speedy recovery and hope he will be back to keep me company as soon as possible.

Enda Kenny (Mayo, Fine Gael)
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I can assure Deputy McGrath the Consumer Agency and Competition Authority will be dealt with in the spring. I wish Deputy Healy-Rae a full and speedy recovery. We need that articulate voice from County Kerry here to add to the Deputy's choral interventions. They are very important at this time of year. Ta súil agam go mbeidh sé thar n-ais arís go luath.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Will the fiscal Bill to which the Taoiseach referred deal with-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We do not ask what it will deal with, we ask when it will be introduced.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----the rogue behaviour of the banks, particularly what are effectively State-owned banks shafting their workers before Christmas-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We do not deal with the content of legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----to the tune of €2,500 each? Meanwhile the CEOs and executives of the bank concerned-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are dealing with promised legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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This is the result of a directive from the Minister for Finance. The CEOs and executives who are on massive salaries have walked away without any cut.

Barry Cowen (Laois-Offaly, Fianna Fail)
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On Friday the Minister for Social Protection spoke of the review following the budget of the proposal for a 66% cut in materials grants to community employment schemes. Will this delay the legislation to give effect to the cut?

Enda Kenny (Mayo, Fine Gael)
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The Minister has said that given the reduction in the training grants, concerns have been expressed about the demise of community employment schemes. They are important in urban and rural settings, as the Deputy is well aware. The Minister has said that on a case-by-case basis, if there are requests for further funding once accounts have been submitted and assessed they will be considered in that context.

Barry Cowen (Laois-Offaly, Fianna Fail)
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It will not delay legislation to give effect to the 66% cut in grant aid.

Enda Kenny (Mayo, Fine Gael)
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I do not expect it would.

Bernard Durkan (Kildare North, Fine Gael)
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What is the current state of progress on the preparation of the Bill to provide for the exchange of criminal records and other information with other EU member states and other designated states, the criminal records information systems Bill? Have the heads been agreed? Has it been discussed at Cabinet? When is it likely to come before the House?

The Bill to strengthen the powers of the CAB and the forfeiting of the proceeds of crime could be interesting. It is entitled the Criminal Justice (Proceeds of Crime) Bill. What is the situation regarding promised legislation - the data sharing Bill - to underpin better risk-based enforcement, efficiency and co-operation for business regulation by allowing specific public bodies to share specified data relating to businesses?

Enda Kenny (Mayo, Fine Gael)
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I do not have a date for the Deputy in respect of the first and last Bills. The Deputy has a record of inquiring about legislation. Discussions are ongoing between the CAB and the Department. The heads of the Bill have not come to Government but consultation is well advanced.

Joe Higgins (Dublin West, Socialist Party)
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When will Report Stage of the Water Services (Amendment) Bill come before the Dáil? Why was it withdrawn this week? Does it indicate that the Government is rethinking the injustice of putting a new stealth tax on people in rural Ireland who were not able to be part of urban drainage schemes which were set up with public funds? It is placing an extra burden on people.

Enda Kenny (Mayo, Fine Gael)
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The reason for that is that people were not happy with the guillotine and were looking for more time. Committee Stage will be taken tomorrow and Report Stage will be dealt with in the new year.

Joe Higgins (Dublin West, Socialist Party)
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We are not happy with the guillotine on the Local Government (Household Charge) Bill. Will the Taoiseach-----

Enda Kenny (Mayo, Fine Gael)
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The question concerned when Report Stage would be taken. The reason it has been delayed is because the Deputy was unhappy with the guillotine.

Joe Higgins (Dublin West, Socialist Party)
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We are unhappy with the other guillotine-----

Enda Kenny (Mayo, Fine Gael)
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The Deputy is unhappy all the time. I have not seen him smile since his old adversary was here before me and he was playing handball against a haystack. Does he remember that? He went out of here minus his socialist jacket one day.

Mattie McGrath (Tipperary South, Independent)
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He is playing against a silage bale now.

Bernard Durkan (Kildare North, Fine Gael)
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He went, he saw but he did not conquer.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Words of wisdom in the background always.

Niall Collins (Limerick, Fianna Fail)
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A loophole exists in the system for taxing motor vehicles online. People can enter incorrect or invalid insurance details, which is causing An Garda Síochána a number of problems. Does the Taoiseach have any idea when the motor vehicles (duties and licensing) Bill which is promised will be published? Will it address that anomaly?

Enda Kenny (Mayo, Fine Gael)
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I thank the Deputy for that observation. I am sure the Minister for the Environment, Community and Local Government would be happy to hear the details of the loophole. I can confirm that the heads of the Bill have not yet gone before Government but that does not mean the issue should not be dealt with. It will be the first half of next year before the Bill is published.