Dáil debates

Thursday, 12 January 2012

10:30 am

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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It is proposed to take No. 8a, Water Services (Amendment) Bill 2011 [Seanad] - allocation of time motion for select sub-committee; No. 12, Patents (Amendment) Bill 2011 - Order for Report, Report and Final Stages; and No. 4, Protection of Employees (Temporary Agency Work) Bill 2011 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders and notwithstanding the Order of the Dáil of 11 January 2012, Private Members' business, which shall be brought to a conclusion after 90 minutes, shall take place immediately after No. 8a, which shall take place immediately on the conclusion of the Order of Business; No. 8a shall be decided without debate; and Second Stage of the Local Authority Public Administration Bill 2011 shall be considered tomorrow and the following arrangements shall apply: the opening speech of the main spokespersons for Fianna Fáil, Sinn Féin, the Technical Group and of a Minister or Minister of State, who shall be called upon in that order, shall not exceed 15 minutes in each case; the speech of each other Member called upon shall not exceed 15 minutes in each case; Members may share time; a Minister or Minister of State, who may speak twice, shall be called upon not later than 1 p.m. to make a speech which shall not exceed 15 minutes; and the main spokesperson for Fianna Fáil shall be called upon to make a speech in reply which shall not exceed 15 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 for dealing with Private Members' business agreed to?

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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It is not agreed. This is a proposal for a variation of the Order of the Dáil yesterday and I oppose it on the basis that a further variation is required. It is unthinkable that there would not be a substantial feature in the House today of the disaster in Ulster Bank, notwithstanding the short exchanges by the Leaders this morning. We need the Minister for Finance and the Minister for Jobs, Enterprise and Innovation, to make a statement to the House on the loss of 900 jobs, 600 of which are in this State and the bulk of which are low and middle income workers-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I must interrupt the Deputy. I do not like interrupting speakers but this is a technical issue. If the Deputy wishes to seek time later in the debate, I will certainly facilitate him.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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With respect, a Cheann Comhairle, this matter relates to the ordering of Dáil business today and the proposal is a variation of yesterday.

11:00 am

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is purely a technical issue in relation to when Private Members' business will be taken. It is not additional business.

It is a technical issue, to whcih I will come back.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Fine.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with Private Members' Business agreed to? Agreed. Is the proposal for dealing with No. 8a, allocation of time motion for select sub-committee, without debate, agreed to?

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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No, it is not agreed. This involves the use of the guillotine on the Water Services (Amendment) Bill. We oppose this because there are a significant number of outstanding issues still to be resolved with regard to this Bill, the most fundamental of which concerns what standards will apply when the inspectors come out to the houses. We have suggested at the committee, in order to try and get more information on this, that we should invite in the EPA to address the committee and inform us of the standards. When we know the standards, we will then know the likely cost implications for householders and what assistance they will need to get for the costs associated with the required upgrades. There is significant debate to take place.

The Minister could expedite the Bill by dealing with the serious issue we have raised. We ask him to agree that the Environmental Protection Agency, which under the proposed Bill must advise the Minister on the standard, be asked to come before the committee as the next step to advise on what standards will apply. Then we can move forward with the Bill in a logical process.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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I object to the use of the guillotine. This legislation is highly contentious and it has caused grave concern across rural Ireland. Time is required to examine it in great detail and to take the amendments. At least time must be given to consider the proposition and perhaps for the Government to reconsider it. The practice of using guillotines in important debates should not be tolerated in this Chamber or on Committee Stage. If we are to have our rightful say and to fulfil our representative duty, the Government cannot guillotine debate in an arbitrary and routine manner. It has become reminiscent of its Fianna Fáil colleagues with its increasing penchant for guillotines. We object to this proposal.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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The Deputies representing rural constituencies are well aware of this issue, but any Deputies from urban areas who ventured into rural Ireland over the Christmas period or who went back to their ancestral homelands will also be aware that this is a major issue which is causing huge concern to ordinary people in rural Ireland who have not had the benefit of the investment that went into the urban drainage schemes over past decades, at taxpayers expense.

We want clean water and want our underground water resources protected absolutely. However, the level of cost that may be imposed on individuals and families is causing concern. Therefore, I agree that we need certainty. At a minimum, the EPA must outline the standards in advance in order that there is clarity. Then the Government needs to think further about how to ensure equivalence and justice for rural people through the type of public investment equivalent to what was done in the cities in past decades.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Deputies are familiar with the background to this issue. It has nothing to do with the troika or the bailout, but has everything to do with our treaty and legal obligations regarding clean water and ensuring our neighbour's water, whether in urban or rural Ireland is clean. It also has everything to do with the fact that this Republic was cited as being in breach of the obligations and undertakings we gave. Deputy Higgins, as a former Member of the European Parliament, will be more aware of this than anybody else and knows the strength of the European Court of Justice.

I need not remind the Deputy of how the City of Galway was closed down some summers ago because of the poisoning of the water. That is what this is about. It is because we have failed to implement a clean water requirement in rural Ireland -----

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Under Deputy Ó Cuív's watch.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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----- and because we have been in breach of undertakings that were given by representatives of this Chamber in the European Commission that if we do not have this legislation enacted by 3 February, we will be subject to a fine of €26,000 a day.

I share and understand the concerns being expressed.

(Interruptions).

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please allow the Minister reply to the points made.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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There are three issues involved. There is the necessity to deal with this or otherwise we will be fined substantial amounts. We are agreed on that point. Is the Deputy agreed that we must have the legislation in place by 3 February. It seems he is not in agreement.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Let me -----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume his seat. He should not put any question, but let the Minister reply.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I am new to this role.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Minister is all right. He is doing fine, just keep going.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I am bound by the Chair. This is a matter on which there has been extensive discussion at committee. I listened to Deputy McGrath over Christmas also. We can deal with concerns about how this will function after the legislation is enacted. We no longer have the time to deal with it now, because on 3 February we will face a fine of €26,000 a day.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I will put the question.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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I object -----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume his seat. There is no debate on this issue. I warn the Deputy that he will be taking a walk.

Question put: "That the proposals for dealing with No. 8a, without debate, be agreed to."

The Dail Divided:

For the motion: 79 (James Bannon, Tom Barry, Tommy Broughan, Ray Butler, Jerry Buttimer, Catherine Byrne, Eric Byrne, Joe Carey, Paudie Coffey, Michael Conaghan, Paul Connaughton, Ciara Conway, Noel Coonan, Marcella Corcoran Kennedy, Simon Coveney, Michael Creed, Jim Daly, John Deasy, Pat Deering, Regina Doherty, Paschal Donohoe, Robert Dowds, Andrew Doyle, Bernard Durkan, Damien English, Alan Farrell, Anne Ferris, Peter Fitzpatrick, Charles Flanagan, Terence Flanagan, Noel Harrington, Simon Harris, Brian Hayes, Tom Hayes, Martin Heydon, Heather Humphreys, Kevin Humphreys, Derek Keating, Colm Keaveney, Paul Kehoe, Alan Kelly, Seán Kyne, Anthony Lawlor, Ciarán Lynch, Kathleen Lynch, John Lyons, Michael McCarthy, Shane McEntee, Nicky McFadden, Joe McHugh, Tony McLoughlin, Michael McNamara, Eamonn Maloney, Peter Mathews, Mary Mitchell O'Connor, Michelle Mulherin, Dara Murphy, Gerald Nash, Denis Naughten, Dan Neville, Derek Nolan, Patrick Nulty, Fergus O'Dowd, John O'Mahony, Jan O'Sullivan, Willie Penrose, Ann Phelan, Ruairi Quinn, James Reilly, Brendan Ryan, Alan Shatter, Arthur Spring, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Liam Twomey, Jack Wall, Brian Walsh)

Against the motion: 35 (Richard Boyd Barrett, John Browne, Dara Calleary, Joan Collins, Michael Colreavy, Barry Cowen, Seán Crowe, Clare Daly, Pearse Doherty, Stephen Donnelly, Timmy Dooley, Dessie Ellis, Tom Fleming, John Halligan, Michael Healy-Rae, Joe Higgins, Billy Kelleher, Pádraig MacLochlainn, Mary Lou McDonald, Finian McGrath, Mattie McGrath, Sandra McLellan, Catherine Murphy, Caoimhghín Ó Caoláin, Éamon Ó Cuív, Seán Ó Fearghaíl, Aengus Ó Snodaigh, Jonathan O'Brien, Willie O'Dea, Shane Ross, Brendan Smith, Brian Stanley, Peadar Tóibín, Robert Troy, Mick Wallace)

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Seán Ó Fearghaíl.

Question declared carried.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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On a point of order, is a precedent being set by the manner in which the Government intends to guillotine the debate on the Bill on Committee Stage?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not a point of order.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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It is a point of order.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume his seat.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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Is this the promised Dáil reform?

Deputies:

Sit down, Mattie.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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It is shameful.

(Interruptions).

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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All Members should show some respect for the House. I am moving to the next proposal. Are the proposals for dealing with the Local Authority Public Administration Bill 2011 agreed to? Agreed.

We are over time, but Deputy Joe Higgins has indicated. Is he requesting time for a debate?

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Yes. Will the Minister ensure the Minister for Finance and the Minister for Jobs, Enterprise and Innovation will come to the Dáil this afternoon to make a statement and answer questions on the disastrous loss of jobs proposed at Ulster Bank? I ask him to forget the corrosive fatalism and institutionalised pessimism which states nothing can be done. If the banks were lending to small enterprises and individuals as they should be in order to recreate the domestic economy, none of these jobs would be lost. That is the road we should be going down.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The House shares the Deputy's concern on this matter. However, we do not yet have all the information necessary for an informed debate. We must let the facts emerge in the discussions that are ongoing between Ulster Bank and the IBOA. I suggest Deputy Catherine Murphy who is sitting beside the Deputy is well equipped to request that this matter be raised at the next Whips' meeting and that time be made available in due course to debate it. As the Minister for Finance is out of the country, I cannot give an undertaking that he will be here this afternoon. This matter should be raised with the Whips and I am sure a satisfactory outcome can be achieved.