Dáil debates
Thursday, 8 March 2012
Order of Business
10:30 am
Eamon Gilmore (Dún Laoghaire, Labour)
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It is proposed to take No. 20, statements on the sale of State assets; and No. 21, statements on public sector numbers.
It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 20 shall, if not previously concluded, be brought to a conclusion at 1.30 p.m. today, the opening statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the statement of each other Member called upon shall not exceed ten minutes, Members may share time, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; and the proceedings on No. 21 shall, if not previously concluded, be brought to a conclusion at 3.42 p.m. today, the opening statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the statement of each other Member called upon shall not exceed ten minutes, Members may share time, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal for dealing with No. 20, statements on the sale of State assets, agreed to? Agreed. Is the proposal for dealing with No. 21, statements on public sector numbers, agreed to? Agreed.
Dara Calleary (Mayo, Fianna Fail)
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It is unfortunate that one of the Tánaiste's biggest achievements in office came too late for inclusion in the Government's love letter to itself yesterday, that is, forcing Fine Gael to cancel its stars party this afternoon. Are there any plans to bring that document published yesterday into the House to allow discussion and debate on what the Government claims to be the achievements of its first year in office?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It would have been better if Deputy Calleary had gone through the Whips.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Government has no difficulty in having the progress report debated in the House. In fact, we would welcome that, if the Whips can agree some time.
Billy Kelleher (Cork North Central, Fianna Fail)
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Based on achievements, it will be a short debate - 60 minutes or less.
Dara Calleary (Mayo, Fianna Fail)
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One would not need a guillotine on that.
Paul Kehoe (Wexford, Fine Gael)
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Deputy Kelleher will not have enough to fill 60 minutes, though.
Dara Calleary (Mayo, Fianna Fail)
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The programme for Government: lean ar aghaidh here forever.
Paul Kehoe (Wexford, Fine Gael)
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He would not have enough for 15 minutes anyway.
Peadar Tóibín (Meath West, Sinn Fein)
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The programme for Government contains a commitment to reform current law on employees' right to engage in collective bargaining to ensure compliance by the State with recent judgments of the European Court of Human Rights. As the Tánaiste will be aware, the Strasbourg court has ruled that the right to join a trade union includes the right to bargain collectively. In his party's election manifesto, the Tánaiste committed to introduce legislation to strengthen the rights of workers to engage in collective bargaining, as enshrined by the EU Charter of Fundamental Rights. Indeed, his partners in government, at Lisbon II, stated that they would legislate to bring about collective bargaining also. When will we see legislation on this issue?
Eamon Gilmore (Dún Laoghaire, Labour)
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The commitments which are contained in the programme for Government will be implemented. I cannot give Deputy Tóibín a date at this point for when that legislation will be introduced because, as he will be aware, we have already been engaged in a number of pieces of legislation in the area of the protection of workers' rights, such as the minimum wage, the introduction of the legislation on agency workers and the legislation which we committed to introduce following the High Court decision to strike down the joint labour committees, JLC, system. There is quite an agenda of legislation being pursued to protect the rights of workers and the legislation to give effect to the remaining commitments in the programme for Government will be progressed in due course.
Niall Collins (Limerick, Fianna Fail)
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Is it the Government's intention to take the electoral (amendment) (referendum spending and miscellaneous provisions) Bill through the Oireachtas prior to the forthcoming referendum?
Eamon Gilmore (Dún Laoghaire, Labour)
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We have not made a decision on that. As the Deputy will be aware, the Government will consider shortly the measures necessary for the referendum on the fiscal stability treaty. I do not know whether it will be possible to have the legislation on the funding issues relating to referendum campaigns in advance.
James Bannon (Longford-Westmeath, Fine Gael)
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To bring this query forward on the back of promised legislation within the Order of Business guidelines, can the Tánaiste tell me if legislation such as the Central Bank (consolidation) Bill, for example, will finally provide for making bankers and others liable to prosecution and punishment for the economic fallout that has unjustly impacted on every man, woman and child in the State?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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When is this Bill due?
Eamon Gilmore (Dún Laoghaire, Labour)
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The Central Bank (consolidation) Bill is to consolidate the body of legislation relating to the Central Bank into a single statue. Work will proceed on this Bill following completion of work on the Central Bank (Supervision and Enforcement) Bill 2011 and it is not possible to indicate at this stage when it will be published.
Timmy Dooley (Clare, Fianna Fail)
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In recent days, the Minister for Transport, Tourism and Sport has indicated that the VAT reduction, which it was indicated earlier this year would continue to 2013, will now terminate at the end of this year. That is clearly a change in policy. As Tánaiste will be aware, the Minister indicated at the time that he had provided for it, through the raiding of pension funds, to extend to 2013.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot debate issues here.
Timmy Dooley (Clare, Fianna Fail)
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Clearly, that is a policy change. Does the Government intend to bring forward legislation to give effect to that policy change and when does it propose to do so?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there legislation promised here?
Eamon Gilmore (Dún Laoghaire, Labour)
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There is no legislation promised on that matter.
Bernard Durkan (Kildare North, Fine Gael)
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Apropos of the issue raised by Deputy Finian McGrath on Leaders' Questions, given that the institutions of State appear unable to defend the people against the activities of criminal gangs and associated activities for criminal purposes, would it be possible to identify proposed legislation with a view to introducing them in a consolidated Bill which would impact more severely on those congregating for criminal purposes and who seem to have been able to do so for the past ten or 15 years while we have been raising this issue in the House? There is promised legislation such as the criminal justice (proceeds of crime) Bill, the criminal justice (victims rights) Bill, the criminal justice corruption (consolidation) Bill, the criminal law (human trafficking) (amendment) Bill and the criminal law (sexual offences) Bill, all of which have been promised for some considerable time, I might add, while the main Opposition party was in government.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank Deputy Durkan. I will get him an answer.
Bernard Durkan (Kildare North, Fine Gael)
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I attribute no blame to the Government for inability in this area. This has been evident for the past ten years.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank Deputy Durkan. We cannot debate it here.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We will get Deputy Durkan an answer now.
Bernard Durkan (Kildare North, Fine Gael)
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-----for the introduction of a piece of legislation of that nature.
Eamon Gilmore (Dún Laoghaire, Labour)
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What is required to deal with the issue of gangland crime is not more legislation but more enforcement of the legislation. Shooting a person in a public park or in his or her car or his or her home is a crime. We do not need more legislation to make it a crime again. We need to ensure the legislation is enforced and is operating properly. It is to those ends - the enforcement of the legislation, protection of persons in their homes and support for the Garda - on which the Government is focusing its attention.
Charlie McConalogue (Donegal North East, Fianna Fail)
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In light of the Government's inability to make a decision on when it will run the fiscal compact treaty referendum, whether before the summer or in the autumn, where does that leave the position regarding the introduction of legislation for and the running of the referendum on children's rights? If the fiscal compact treaty referendum is held after the summer, I imagine it would be in late September or October. I doubt, in that scenario, that the Government would hold two separate referendums in the autumn. Does this mean that despite repeated promises, the children's referendum will once again be delayed by a further year? Where does the Government's inability to decide on a date for the referendum on the fiscal compact treaty leave the decision regarding a date for the children's rights referendum?
Eamon Gilmore (Dún Laoghaire, Labour)
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There is no inability on the part of the Government to decide on the timetable for holding the referendum on the fiscal stability treaty. We decided immediately on receiving the advice of the Attorney General that we would hold a referendum. The Government considered the matter last week and I will bring proposals to Government shortly about the steps that are necessary to hold the referendum. The referendum on children's rights is separate. That matter is being progressed by the Minister for Children and Youth Affairs.
Michael Healy-Rae (Kerry South, Independent)
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The White Paper on crime published last year encompassed four discussion documents. Has legislation been promised to regard the illicit trade in tobacco as a serious crime? There were 57 convictions last year for illegal cigarette smuggling and the average fine was only €1,726. Has legislation been promised to regard this as a serious crime in order judges can be harsher in imposing sentences?
Eamon Gilmore (Dún Laoghaire, Labour)
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I do not believe specific legislation has been promised to deal with the matter raised. There are quite a number of changes to criminal law on the list of the Minister for Justice and Equality. Of course, there are the normal Finance Bills brought forward by the Minister for Finance on the Revenue side. It is an issue the Deputy can pursue when legislation is brought before the House.
Mattie McGrath (Tipperary South, Independent)
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On the Central Bank (Consolidation) Bill, I refer to the appointment of Mr. John Moran as the new Secretary General of the Department of Finance. He was formerly CEO of Zurich Capital Markets, ZCM. Will Members of the House be given an opportunity at a committee to question him-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not a matter for the Order of Business.
Mattie McGrath (Tipperary South, Independent)
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It is a very serious matter.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It may be, but it is not one for the Order of Business.
Mattie McGrath (Tipperary South, Independent)
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While Mr. Moran was CEO of Zurich Capital Markets, it was found guilty of violations of the legislation-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, Deputy. Please resume your seat.
Mattie McGrath (Tipperary South, Independent)
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No; this is a very important matter which involves a senior Government official.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It cannot be raised on the Order of Business. We are dealing with promised legislation.
Mattie McGrath (Tipperary South, Independent)
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It comes under the Central Bank (Consolidation) Bill.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy, please, resume his seat?
Mattie McGrath (Tipperary South, Independent)
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Just because the Deputy's party has called off its-----
Paudie CoffeySeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will Deputy Mattie McGrath, please, resume his seat, or we will not call him again?
Mattie McGrath (Tipperary South, Independent)
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I have raised a very important matter.
Patrick Nulty (Dublin West, Labour)
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This is International Women's Day and I know of the Tánaiste's strong personal commitment to gender equality. In that context, will the Government bring forward legislation to deal with one of the long-standing abuses of human rights in terms of public health service access for women? Will it legislate for the judgment in the X case to ensure women in Ireland will have access to abortion facilities in cases where there is a threat to their lives?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Has legislation been promised?
Eamon Gilmore (Dún Laoghaire, Labour)
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No legislation has been promised in the programme for Government on the matter.
Billy Kelleher (Cork North Central, Fianna Fail)
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When the Tánaiste and the Taoiseach were busy yesterday giving each other high fives like giddy junior certificate students on results day-----
Brendan Howlin (Wexford, Labour)
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The Deputy certainly did not do that at the end of his term.
Billy Kelleher (Cork North Central, Fianna Fail)
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-----some 47 patients were waiting on trolleys in Beaumont Hospital.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are dealing with promised legislation.
Billy Kelleher (Cork North Central, Fianna Fail)
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Given that those working in front-line services claim they are now working in unsafe environments, when will the health information Bill be taken on the floor of the Dáil in order that we can debate these issues in a meaningful way and address the major concerns expressed, not only in the context of patient safety but also in the context of front-line services being unable to safely deliver a service?
Eamon Gilmore (Dún Laoghaire, Labour)
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The health information Bill will be brought forward in the middle of the year.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Inné, chuir mé ceist ar an Taoiseach faoi an raibh aon athrú bunreachtúil chun teacht maidir leis an gceist faoin athbhreithniú ar chíosanna agus an cás gur ardú amháin atá i gceist le athbhreithnithe. Nuair a toghadh Fine Gael thug an páirtí agus an Rialtas geallúint go mbeadh reachtaíocht ag teacht isteach maidir leis an cleachtas seo a théann i gcoinne siopaí agus gnóthaí beaga. Cheana féin, tá an Rialtas tar éis a rá nach mbeidh reachtaíocht ag teacht maidir leis an cleachtas seo a athrú. An bhfuil an Rialtas chun reachtaíocht a thabairt isteach chun faoiseamh a thabhairt do siopaí nó gnóthaí beaga maidir leis an cleachtas seo toisc nach bhfuil sé chun athrú bunreachtúil a dhéanamh?
Eamon Gilmore (Dún Laoghaire, Labour)
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Is cúis bhróin é nach raibh an Rialtas in ann déileáil leis an fhadhb ó thaobh cíosanna de. Mar is eol don Teachta, fuaireamar comhairle ón Ard-Aighne i dtaobh sin ag rá nach mbeadh sé bunreachtúil é sin a dhéanamh.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Fuair sibh dhá chomairle.
Eamon Gilmore (Dún Laoghaire, Labour)
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Ach tá an Rialtas gníomhach faoi na fadhbanna atá ag gnóthaí, go háirithe gnóthaí beaga agus sin an fáth go bhfuilimid ag cur an béime atá á chur againn ar fás sa gheilleagar agus fostaíocht agus go bhfuilimid ag iarraidh é sin a bhrú ar aghaidh ionas go mbeidh i bhfad níos mó gnó le déanamh ag gnóthaí beaga agus ionas go mbeidh siad in ann déileáil níos fearr le fadhbanna cíosanna.
Pearse Doherty (Donegal South West, Sinn Fein)
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There has been much talk about legislation to deal with the issues of fitness and probity in the banks. When will we see that legislation being brought forward? The Secretary General of the Department of Finance was CEO of Zurich Capital Markets which during 2007 was censured by the US Securities and Exchange Commission and fined €16.8 million for aiding and abetting four hedge funds in defrauding mutual funds. Will the legislation deal with such a situation?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is totally out of order. Will the Deputy, please, resume his seat?
Pearse Doherty (Donegal South West, Sinn Fein)
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This is the most senior appointment in the Civil Service. When will we have a chance to scrutinise such appointments?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy is totally out of order.
Pearse Doherty (Donegal South West, Sinn Fein)
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Will we have a chance to scrutinise the most senior appointment in the Civil Service?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy, please, resume his seat? If not, he will be taking a walk. He is abusing-----
Pearse Doherty (Donegal South West, Sinn Fein)
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Will the Tánaiste answer the question as to when legislation on the issue of financial probity will be brought forward?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That has nothing to do with the appointment of the Secretary General.
Eamon Gilmore (Dún Laoghaire, Labour)
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They have only changed from real assassinations to character assassinations.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We do not do character assassinations in this Chamber.
Pearse Doherty (Donegal South West, Sinn Fein)
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It is not a character assassination, rather it is a legitimate question.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy will resume his seat very quickly.
Pearse Doherty (Donegal South West, Sinn Fein)
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Given the information passed on to me, I would like the Tánaiste to explain to the Dáil why this person is fit to hold the position of Secretary General.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy is not making allegations in this House.
Pearse Doherty (Donegal South West, Sinn Fein)
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I hope to be convinced on the issue.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Leave the House.
Pearse Doherty (Donegal South West, Sinn Fein)
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I am sitting down.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I have ordered the Deputy to leave the House.
Pearse Doherty (Donegal South West, Sinn Fein)
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I am going to resume my seat.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, the Deputy has refused to obey the Chair. I ask him to leave the House.
Pearse Doherty (Donegal South West, Sinn Fein)
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I am obeying the Chair.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Does the Deputy want me to name him?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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He will leave the House, as he has repeatedly disobeyed the Chair. Leave the House.
Pearse Doherty (Donegal South West, Sinn Fein)
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I think you are being unfair.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask the Deputy to leave the House or I will name him.
Pearse Doherty (Donegal South West, Sinn Fein)
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Name me then. I think your ruling is unfair.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I will give the Deputy a final chance to leave the House because I do not want to name him.
Pearse Doherty (Donegal South West, Sinn Fein)
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I am resuming my seat. I am willing to-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, the Deputy is not resuming his seat.
Pearse Doherty (Donegal South West, Sinn Fein)
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I am hoping to introduce a freedom of information Bill dealing with NAMA.