Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 8, motion re ministerial rota for parliamentary questions; and No. 4, Protection of Employees (Temporary Agency Work) Bill 2011, Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 8 shall be decided without debate. Private Members' business, No. 38, motion re. special educational needs, shall, if not previously concluded, be adjourned after 90 minutes tonight and shall take place immediately after the Order of Business tomorrow and shall be brought to a conclusion after 90 minutes on that day.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with No. 8, motion re ministerial rota for parliamentary questions without debate, agreed to? Agreed. Is the motion for dealing with Private Members' business agreed to? Agreed.

Micheál Martin (Cork South Central, Fianna Fail)
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I have in my hand-----

Deputies:

A mobile phone.

Jerry Buttimer (Cork South Central, Fine Gael)
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It is Brian Cowen ringing.

Micheál Martin (Cork South Central, Fianna Fail)
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It is relevant to what I am about to say. It is an absolute necessity to have an iPhone in the House because today the treaty on stability, coordination and governance in the economic and monetary union was leaked online.

Jerry Buttimer (Cork South Central, Fine Gael)
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From Mahon?

Timmy Dooley (Clare, Fianna Fail)
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No, from the Bundestag.

Micheál Martin (Cork South Central, Fianna Fail)
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It highlights the irrelevance of this House to promised legislation in terms of a European Union treaty. We have been asking for months for details of the Government's proposals for this treaty and for its position on a new EU treaty. The Government has committed itself to a European Union treaty, a draft copy of which has now been leaked. The Taoiseach must have access to the detail of this. It seems to have been drafted to avoid a constitutional amendment so I ask the Taoiseach when he proposes to bring this legislation before the House.

Will the Taoiseach give an indication to the House if he has had legal advice at his disposal that would indicate the need for a constitutional referendum? Will he publish a Green Paper or White Paper on this treaty and the degree to which he will involve the Dáil or a committee in a detailed discussion of the options facing the country and the detail of the treaty? It is not good enough that we would find a fundamental issue like this online. We need more proactive openness about this sort of legislation emanating from Europe than we are getting.

Enda Kenny (Mayo, Fine Gael)
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There are 27 countries involved and I am not sure to what draft Deputy Martin refers. This matter is far from concluded and a great deal of discussion is going on at the moment.

Micheál Martin (Cork South Central, Fianna Fail)
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What about this draft?

Enda Kenny (Mayo, Fine Gael)
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I am not sure what specific one the Deputy is talking about but there are 27 countries involved with technical personnel from a range of Government Departments from all member states talking about the drafting of it.

I have not asked the Attorney General for formal legal advice on the matter yet because it is not opportune or appropriate to do so until the conclusions are arrived at. There is no point in asking for formal legal advice on an issue until we know what the issue is.

Timmy Dooley (Clare, Fianna Fail)
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The draft on the issue is clear.

Enda Kenny (Mayo, Fine Gael)
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The draft he has before him and many others will be discussed in the coming weeks. There is a great deal of activity at the technical, European and official level on various drafts and issues being raised by all countries. I have not seen the draft the Deputy has before him, but it is not the conclusive issue which will not be decided for some time.

Micheál Martin (Cork South Central, Fianna Fail)
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The Attorney General would surely be consulted if these issues were being discussed by the Permanent Representatives and the officials negotiating for the 27 member states.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If the Deputy tables a parliamentary question, we can have a further debate on the issue.

Micheál Martin (Cork South Central, Fianna Fail)
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It is fundamental and requires more than a parliamentary question. A Bill has been drafted and the Attorney General has already been consulted. It is not true to say the Attorney General has not been consulted.

Timmy Dooley (Clare, Fianna Fail)
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Yesterday's date was on it.

Micheál Martin (Cork South Central, Fianna Fail)
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The Attorney General has been consulted. The Taoiseach should not tell the House the Attorney General has not been consulted.

Timmy Dooley (Clare, Fianna Fail)
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It was at 7 p.m. yesterday.

Micheál Martin (Cork South Central, Fianna Fail)
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I know something about treaties.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask the Deputy to cease his private discussion.

Gerry Adams (Louth, Sinn Fein)
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I wish to raise two issues. The first is under reachtaíocht atá fógraithe, promised legislation, and the Ceann Comhairle might let me come back to raise another issue. The legislative programme contains a commitment to introduce a workplace relations law reform Bill. Since 16 December, through the Christmas period, workers at Vita Cortex in Cork have been engaged in a sit-in because of its management's refusal to make redundancy payments. The workers - mostly women - at La Senza are in a similar position. I welcome the intervention of the LRC in the Cork dispute. Clearly the Taoiseach will agree it is totally unacceptable for workers to be treated in this way. Will the promised legislation rectify these injustices and ensure workers are not treated in this despicable way by employers?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If the Deputy has another question, he should ask it now.

Gerry Adams (Louth, Sinn Fein)
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The Taoiseach made a commitment to hold a number of meetings with Opposition leaders. One related to the upcoming constitutional convention and another to alleged abuse in Our Lady of Lourdes Hospital in Drogheda. I note that the Taoiseach is meeting the British Prime Minister tomorrow. Does he intend to brief us in advance of the meeting?

Enda Kenny (Mayo, Fine Gael)
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The workers legislation mentioned by the Deputy is on the C list. The heads of the Bill have not yet been presented to the Government. The question of the Vita Cortex plant was raised as a Topical Issue. I am aware of the report given under the direction of the Ceann Comhairle on the discussion with the different Deputies and hope the matter can be resolved. I do not like to see workers having to do what the workers in Cork have had to do. I hope the matter can be resolved and to that end, the machinery of government is obviously available.

On the consultations on the constitutional convention and the alleged abuse in Our Lady of Lourdes Hospital, I hope to make arrangements for meetings with Opposition leaders shortly.

Gerry Adams (Louth, Sinn Fein)
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What about the meeting with the British Prime Minister?

Enda Kenny (Mayo, Fine Gael)
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I am going to London tomorrow morning where I have a number of engagements. I will be back tomorrow evening. I will give the Deputy an account of what transpires at the meeting and the matters discussed.

Gerry Adams (Louth, Sinn Fein)
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With other European issues, I ask the Taoiseach to raise the issue of the Dublin and Monaghan bombings on which he is to report back, the case of Pat Finucane and the Ballymurphy killings.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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As everybody in the country is painfully aware, from the comfort of the Merrion Hotel the so-called troika is injecting the poison of austerity into the economy and inflicting it on citizens. I ask the Taoiseach, at the very least, to publicly invite the troika to this Chamber-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Hold on for one second.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----for a special sitting of the Dáil-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is supposed to be about promised legislation and no such legislation has been promised.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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----- or the Joint Committee on Finance, Public Expenditure and Reform to enable the people who are actually directing the legislative programme of this country-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should get real.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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----- and dictating economic policy for citizens-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is supposed to be about promised legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is also about Dáil sittings-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask the Deputy to resume his seat.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----and the legislative programme.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, it is not about a legislative programme in respect of Dáil sittings.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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If the troika is directing our legislative programme, can its representatives come here-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy, please, resume is seat?

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----to tell us what their demands are in order that at least the debate would take place in public?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Healy-Rae.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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May I have a response from the Taoiseach?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, because inviting the troika to the Chamber has nothing to do with the Taoiseach under the heading of promised legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is about having a special sitting of the Dáil to bring the troika here.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should contact the Committee on Procedures and Privilege on the matter.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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On a point of order-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What is the point of order?

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Is it not up to the Taoiseach to decide on sittings of the Dáil?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, it is not up to the Taoiseach; it is up to the Chair to decide.

Gerry Adams (Louth, Sinn Fein)
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It is up to the troika.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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What about special sittings of the Dáil?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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We had a special sitting of the Dáil on Europe Day, with MEPs present. Could we not do the same?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Taoiseach is the Head of Government.

Michael Healy-Rae (Kerry South, Independent)
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Will legislation be introduced to deal with our outdated bankruptcy laws or will we continue to export the problem to the North, Wales and England? When is it proposed to do something to deal with our antiquated rules?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call the Taoiseach to deal with the matter of bankruptcy law.

Enda Kenny (Mayo, Fine Gael)
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Never mind Deputy Boyd Barrett, you cannot attend the do without being elected. The troika is here as part of the discussions on the programme in which we are involved.

Bernard Durkan (Kildare North, Fine Gael)
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He could try it though.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask the Taoiseach not to encourage him.

Enda Kenny (Mayo, Fine Gael)
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Even Deputy Boyd Barrett cannot make such arrangements. I am very glad to see Deputy Healy-Rae back in the Chamber in such strong and robust health.

Michael Healy-Rae (Kerry South, Independent)
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I thank the Taoiseach.

Enda Kenny (Mayo, Fine Gael)
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Long may he continue to maintain such strong and robust health.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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And stay in order.

Enda Kenny (Mayo, Fine Gael)
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On the issue of bankruptcy, the Minister for Justice and Equality will shortly present a Bill on personal insolvency which is part of a package of Government measures to deal with personal insolvency, mortgages and so on. I expect the Bill to be brought before the Government shortly.

Timmy Dooley (Clare, Fianna Fail)
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Prior to Christmas the Taoiseach indicated the Minister for Transport, Tourism and Sport was due to bring a memorandum to the Cabinet on the management and ownership of the airports at Shannon and Cork. In particular, it would have related to any amendments required to the State Airports Act 2004. Has the memorandum been brought before the Government and is it likely that there will be amendments to that legislation in coming weeks?

Enda Kenny (Mayo, Fine Gael)
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The Minister for Transport, Tourism and Sport has received the consultant's report which he is examining. He is in discussions with the authorities involved. The legislation is on the C list and the Minister would be happy to respond to the Deputy if he were to table a parliamentary question on the progress made following receipt of the report.

Bernard Durkan (Kildare North, Fine Gael)
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I note that the national vetting bureau Bill is on the A list of promised legislation. Is it expected to be passed during this session? The land and conveyancing law reform (amendment) Bill is on the C list, with publication expected in 2012. Given the multitude of conveyancing issues that have arisen in recent times, is that legislation likely to be brought before the House as a matter of urgency?

Enda Kenny (Mayo, Fine Gael)
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It is very likely that the land and conveyancing law reform (amendment) Bill will be brought before and approved by the Government shortly. It is related to the question asked by Deputy Healy-Rae. The national vetting bureau Bill is on the A list. As the Deputy is aware, the A list includes legislation proposed to be published during this session which will last approximately ten to 12 weeks. There are 26 Bills listed, nine of which were carried over from the last list for the last session which was a very active one. The Bill mentioned will be published in this session; whether we get around to taking it remains to be seen.

Charlie McConalogue (Donegal North East, Fianna Fail)
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No. 29 on the Order Paper is the Bill in my name providing for a constitutional amendment on adoption, to include wording already agreed to by all parties. On 29 December the Bill was automatically deemed to have been read a second time as the Government had failed to produce an alternative by that date. Under Standing Orders, Committee Stage of a Private Members' Bill is completely under the control of the Government. Will the Taoiseach allow the Bill to be debated on Committee Stage?

Enda Kenny (Mayo, Fine Gael)
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No, I regret to tell the Deputy that I will not. The Minister for Children and Youth Affairs is in Vietnam today dealing with the question of adoption. I want to proceed with the best consensus we can get. There is a great deal of work being done by the all of the agencies concerned, including the Attorney General's office, in regard to the appropriate wording, which we must get right. I respect the Deputy's right to produce a Private Members' Bill. However, there are very strong views across the spectrum on this issue, and we must get it absolutely right. From that point of view, the Minister will report to the House on the progress she is making with the agencies involved.

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

Charlie McConalogue (Donegal North East, Fianna Fail)
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I understand the point the Taoiseach makes but-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot have a debate on the matter now. The Deputy has received his answer.

Charlie McConalogue (Donegal North East, Fianna Fail)
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The legislation in respect of the children's rights referendum is on the C list. Why, if it is such a priority, is it on the C list? Prior to the election-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot have a debate on the issue.

Charlie McConalogue (Donegal North East, Fianna Fail)
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-----the Taoiseach's party was calling for the referendum to be held. It was promised that the referendum would be held alongside the presidential election. There have been many broken promises by this Government. Why, if this legislation is such a priority, is it on the C list? Why will the Taoiseach not allow this Bill to be debated on Committee Stage?

Enda Kenny (Mayo, Fine Gael)
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It is important. What we do not want is a referendum on adoption alone; we want a referendum on children's rights. The relevant Minister of State, as part of her duties abroad, is today dealing with the issue of adoption.

There is no legislation in respect of referenda on the A list because I want to ensure that when we do move, we are clear in what we are doing. From that point of view, we are seeking agreement on a referendum on children's rights rather than adoption, which we can put to the people.

Micheál Martin (Cork South Central, Fianna Fail)
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Everyone is in agreement on this one.

Joe Higgins (Dublin West, Socialist Party)
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On 28 April 1999 I had the privilege - perhaps the responsibility - of bringing to the attention of the Taoiseach of the day on the Order of Business the broadcast the evening before of a stunning RTE programme entitled "States of Fear". I would like to note with great regret the untimely passing of Mary Raftery, the author of that work and to recognise the ground breaking achievements of her life and work by shocking and stunning the political, Church and State establishments into dealing with institutionalised child abuse. It is appropriate, bearing in mind the huge impact for good all round of her work and the many times it was discussed in this House, that we should note her untimely passing and pay our respects to her family.

Deputies:

Hear, hear.

Enda Kenny (Mayo, Fine Gael)
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I share that view. I, too, regret the passing of Mary Raftery who was a courageous and diligent journalist whose work changed Irish society. I regret her passing. I concur with the Deputy that it is appropriate he should mention it.

Ray Butler (Meath West, Fine Gael)
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Does the Government plan to legislate to address the illegal fuel laundering and dumping that is occurring to the detriment of the State, environment and economy, especially in light of the big dump find today on the M1?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is legislation in this area promised?

Enda Kenny (Mayo, Fine Gael)
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There is no legislation promised. However, I inform Deputy Butler that this is a matter of great interest to the Revenue Commissioners, Garda Síochána and Customs and Excise. It is an issue that will be pursued as diligently as possible.

Paschal Donohoe (Dublin Central, Fine Gael)
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Will the fiscal responsibility Bill be brought before the House prior to the summer recess? This legislation will ensure this and future Governments do not make the same mistakes as previous Governments in relation to the wrecking of our national finances. Also, will legislation be required to bring in the loan guarantee scheme to allow small and medium sized businesses to access credit and obtain support from banks in order to sell their goods and services and create more jobs in the country?

Enda Kenny (Mayo, Fine Gael)
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The fiscal responsibility bill is No. 10 on the A list. It will be published this session. It is important also in terms of the proposed new treaty, in respect of which we have given a commitment. Also on the A list at No. 16 is the temporary partial credit guarantee Bill which it is proposed to publish and pass as quickly as possible.

Tom Hayes (Tipperary South, Fine Gael)
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Is legislation promised in regard to the huge problem of under-age drinking, in particular the huge increase in volume of alcohol sold in supermarkets, which is having a detrimental effect on many of our young people? I believe this matter needs to be addressed by way of legislation.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I suggest the Deputy raise this matter on the Topical Issue Debate.

Tom Hayes (Tipperary South, Fine Gael)
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Is legislation in this regard promised?

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

Enda Kenny (Mayo, Fine Gael)
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Yes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Good.

Enda Kenny (Mayo, Fine Gael)
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It is the sale of alcohol Bill, which is on the B list. The Minister of State, Deputy Shortall, who is dealing with this issue, recently made a fine presentation on the matter. The legislation will be brought before the Dáil and relevant Oireachtas committee for full discussion. Everyone is involved in this. There are a range of options and issues that need to be addressed. Everyone's opinion will be sought and will be important given the seriousness of this issue not alone for particular sectors of society but for the country. The Minister of State, Deputy Shortall, will present her case to the Oireachtas for discussion, following which it will be discussed outside.

Tommy Broughan (Dublin North East, Labour)
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At what stage is the housing Bill? The Taoiseach might have noticed on his way into the Dáil today that residents of Priory Hall were again outside the House protesting. They want in particular to meet the Minister responsible, Deputy Hogan. Perhaps the Taoiseach will direct him to meet these people who are in dire straits.

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

Enda Kenny (Mayo, Fine Gael)
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Yes, it is on the C list. This is a matter of considerable import and urgency. The Deputy will be aware that a Supreme Court judgment will be issued later this month. The new Minister of State with responsibility for housing, Deputy O'Sullivan, has met the residents. There is much discussion going on between Dublin City Council and the Department of the Environment, Community and Local Government. We all understand and appreciate the concerns and difficulties being experienced by the Priory Hall residents. It is hoped the discussions taking place will bring about a solution. I feel for the people concerned and their families who through no fault of their own ended up in an apartment block which was seriously deficient.

Tommy Broughan (Dublin North East, Labour)
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There is no reason the Minister cannot meet them. There is no legal action by the Priory Hall residents.

Enda Kenny (Mayo, Fine Gael)
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I know. The Minister of State with responsibility for housing met the residents and will report directly to the Minister as often as needs be.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Yesterday, Clare County Council and other councils outlawed the practice of fracking. Is legislation proposed to deal with the issue at national level?

Enda Kenny (Mayo, Fine Gael)
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I am aware of the implications of this and the concerns expressed. There is no legislation promised in this regard.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I suggest the Deputy table a parliamentary question on the matter.

Dessie Ellis (Dublin North West, Sinn Fein)
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The Minister for the Environment, Community and Local Government, Deputy Hogan, is responsible for the introduction of the household charge. The Minister has indicated that people who do not pay will be pursued, be it through fines or otherwise.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy must ask about promised legislation.

Dessie Ellis (Dublin North West, Sinn Fein)
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I am coming to it. There are issues of civil rights involved in terms of access to private information. Is legislation proposed to tackle this issue in terms of people's rights? Does the Government propose to bring forth legislation to allow the Minister, Deputy Hogan, to access people's private information be it by way of the electoral register or ESB bills?

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

Enda Kenny (Mayo, Fine Gael)
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No. The Deputy will be aware that under the Constitution everyone has rights and responsibilities. I assume that as a law maker the Deputy proposes to live up to his responsibilities.