Dáil debates
Wednesday, 28 March 2012
Order of Business
11:00 am
Eamon Gilmore (Dún Laoghaire, Labour)
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It is proposed to take No. 14, statements on the Final Report of the Tribunal of Inquiry into Certain Planning Matters and Payments (resumed). Private Members' business shall be Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2011 - Second Stage (resumed), to conclude at 9 p.m., if not previously concluded.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are no proposals to be put to the House. I call Deputy Martin.
Micheál Martin (Cork South Central, Fianna Fail)
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I would appreciate the Tánaiste's confirmation that of the 26 Bills on the A list, which the Government undertook to publish this session, only three have been published, along with the heads of two others. The Tánaiste must agree that the legislative performance of the Government in this session is at best underwhelming.
Michael McNamaraMicheál Martin (Cork South Central, Fianna Fail)
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Can he give any explanation to the House as to this inability to progress the legislation on the A list to which he committed and those Bills he committed to publishing before the end of this session? What is the problem, why is the Government not in a position to publish the legislation it has committed to doing and will the Tánaiste explain to the House the extraordinary lack of published Bills? Perhaps this illustrates why much of this session has been taken up in more general debates and activity rather than with a specific focus on legislation.
Eamon Gilmore (Dún Laoghaire, Labour)
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The Bills that have been published are the Motor Vehicle (Duties and Licences) Bill 2012, the Finance Bill 2012 and the Clotting Factor Concentrates and other Biological Products Bill 2012. Another Bill, not on the A list, was published, namely, the Euro Area Loan Facility (Amendment) Bill 2012. Two further Bills have been approved at Cabinet and are awaiting publication, namely, the animal health and welfare Bill, agreed at Cabinet on 6 March, and the road traffic Bill, agreed on 27 March. In addition, there is the Bill providing for the referendum which was agreed at Cabinet on 27 March and which will be published later this week.
If Deputy Martin wishes, I can go through the list. I have three pages but I do not want to hold up the House with this. I can go through it and tell the Deputy where exactly every Bill stands that is on the list.
Micheál Martin (Cork South Central, Fianna Fail)
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Why has the Government's commitment to publish 26 Bills not materialised?
Eamon Gilmore (Dún Laoghaire, Labour)
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The session is not yet completed.
Eamon Gilmore (Dún Laoghaire, Labour)
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As to the Deputy's point about the time being taken up with debates on matters other than legislation, in all cases the debates were asked for by the Opposition and the Government agreed to have them.
Micheál Martin (Cork South Central, Fianna Fail)
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There is no legislation available.
Micheál Martin (Cork South Central, Fianna Fail)
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When will it be published?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I suggest that this matter be taken up between the Whips.
Micheál Martin (Cork South Central, Fianna Fail)
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Will the Tánaiste send me the correspondence and give me a explanation for the inordinate delay? He promised 26.
Eamon Gilmore (Dún Laoghaire, Labour)
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There is no inordinate delay. The Deputy was long enough-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not having an across the floor conversation. Speak through the Chair, please.
Micheál Martin (Cork South Central, Fianna Fail)
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Where are the 26? That is a fair point, by any standard. Something must be wrong.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Tánaiste circulate the information?
Eamon Gilmore (Dún Laoghaire, Labour)
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I will put it on the record.
Micheál Martin (Cork South Central, Fianna Fail)
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The Tánaiste is dodging the question again. He promised 26 Bills but has only produced three.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is no need for that.
Micheál Martin (Cork South Central, Fianna Fail)
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That is fairly unprecedented.
Eamon Gilmore (Dún Laoghaire, Labour)
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I will give it to the Deputy. There is the Houses of the Oireachtas Commission (amendment) Bill, of which a second draft has been received. Following a consultation with the Houses of the Oireachtas, a final draft will be available shortly. The children first Bill-----
Micheál Martin (Cork South Central, Fianna Fail)
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"Shortly" is the Tánaiste's greatest word.
Eamon Gilmore (Dún Laoghaire, Labour)
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Does the Deputy want the information?
Micheál Martin (Cork South Central, Fianna Fail)
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Nine months ago, the Minister, Deputy Phil Hogan, said the planning review would be available shortly.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy show some example, please? It is not about shouting across the floor. Please proceed.
Micheál Martin (Cork South Central, Fianna Fail)
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It is very frustrating. It is extraordinary stuff.
Eamon Gilmore (Dún Laoghaire, Labour)
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-----to give the Deputy details on all the legislation if he wishes to have it. If he asks about any Bill, I will give him the answer.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Adams.
Gerry Adams (Louth, Sinn Fein)
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I do not envy the Ceann Comhairle his job. He called me some moments ago but the Tánaiste ignored him. Ba mhaith liom ceist a cur faoi reachtaíocht atá forógraithe.
The workplace relations law reform Bill is on the C list and will deal with the issue of statutory employment rights. Will it deal with situations such as that in the Game shops, where workers are protesting? Other situations that continue include Vita Cortex, while La Senza was dealt with only after workers occupied the shop. At Lagan Brick, workers are not being paid their redundancy entitlements. Does the Government intend that the workplace relations Bill will ensure workers have their rights legally bound and will not have to resort to such lengths to vindicate those rights?
Eamon Gilmore (Dún Laoghaire, Labour)
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It is intended that the workplace relations law reform Bill, which is to provide for reform of statutory employment rights and industrial relations adjudication bodies, will be published this year.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Durkan.
Gerry Adams (Louth, Sinn Fein)
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The Tánaiste did not answer my question. I mentioned that the Bill was on the C list. I did not ask when it would be published but whether it would include-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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On the Order of Business we do not deal with the content of legislation, only with when Bills will be finished.
Bernard Durkan (Kildare North, Fine Gael)
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In view of the concerns expressed by the leader of the Opposition about delays in bringing forward legislation, I remind the House of the numerous occasions when the group on this side of the House was on the other side of the House-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We know all that. Will you get on to the legislation?
Willie O'Dea (Limerick City, Fianna Fail)
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The Ceann Comhairle has got it right for once.
Bernard Durkan (Kildare North, Fine Gael)
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The Ceann Comhairle will remember that time himself. Reams and reams of legislation were promised, for up to ten years-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will you ask the question?
Bernard Durkan (Kildare North, Fine Gael)
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-----but were never moved.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are people snapping at my heels-----
Bernard Durkan (Kildare North, Fine Gael)
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There are two Bills of particular import at present.
Bernard Durkan (Kildare North, Fine Gael)
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This week, a law-abiding citizen had to leave the country for his own protection. No. 88, the bail Bill, has been promised for some time and was, in fact, promised by the previous Administration which failed to deliver it. There is also the criminal justice (miscellaneous provisions) Bill. Both of these must be enacted as a matter of some urgency in order to ensure that legislators take back the initiative that criminals seem to have seized at this time.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Tánaiste, on the two Bills, on bail and criminal justice.
Eamon Gilmore (Dún Laoghaire, Labour)
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The draft heads of the bail Bill are at an advanced stage. It is not possible to give a precise date for its publication. The criminal justice (miscellaneous provisions) Bill will come later this year.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy McGrath, on promised legislation.
Mattie McGrath (Tipperary South, Independent)
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Yes, indeed. The Water Services (Amendment) Bill is very much promised and very much on the way at present in regard to the consultation process for rural waste water treatment plants. That process closes on Friday next. There was totally inadequate publication and advertisement-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What is your question?
Mattie McGrath (Tipperary South, Independent)
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Can this period be extended? The closing date for submissions is this Friday.
Mattie McGrath (Tipperary South, Independent)
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It has been completely lost.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not about promised legislation.
Mattie McGrath (Tipperary South, Independent)
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It is about part of the legislation.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Do I have to say this to the Deputy every single morning?
Mattie McGrath (Tipperary South, Independent)
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No, no. When will the regulations be published in full? Can the date for public consultation be extended beyond Friday? This debate has been lost because the Minister has made such a mess of the household charge, but it has not gone away
Mattie McGrath (Tipperary South, Independent)
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When will the regulations be published?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Regulations-----
Mattie McGrath (Tipperary South, Independent)
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The Ceann Comhairle put people out of the House for asking about this.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy will be put out of the House if he continues in this vein.
Mattie McGrath (Tipperary South, Independent)
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I am only asking a question. This is a fact.
Paul Kehoe (Wexford, Fine Gael)
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You should ask Mícheál to write it out for you.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I do not want to have to do this every single morning with you. Will you please try to stay within Standing Orders?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If you need a lesson in Standing Orders I will be only too pleased to give it to you, personally. Thank you very much.
Mattie McGrath (Tipperary South, Independent)
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I appreciate that.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Come up to my office. I will be delighted. It would be better than having it here.
Niall Collins (Limerick, Fianna Fail)
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This den of iniquity. Can the Deputy sit on the Ceann Comhairle's knee?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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When will we know about the regulations?
Eamon Gilmore (Dún Laoghaire, Labour)
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The Water Services (Amendment) Act was enacted on 2 February and regulations arising are a matter for the Minister for the Environment, Community and Local Government.
Eamon Gilmore (Dún Laoghaire, Labour)
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When regulations are made, he will lay them before the House.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Mattie McGrath should table a parliamentary question.
Mattie McGrath (Tipperary South, Independent)
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He said it was too complicated for the public to understand-----
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is no need to shout. I ask Deputy McGrath to resume his seat.
Bernard Durkan (Kildare North, Fine Gael)
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It is not only the public that finds it too complicated.
Brendan HowlinMattie McGrath (Tipperary South, Independent)
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It is in writing.
Paul Kehoe (Wexford, Fine Gael)
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Deputy Mattie McGrath should get Deputy Martin to write a letter for him.
Michael Healy-Rae (Kerry South, Independent)
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With regard to the proposed charities (amendment) Bill 2012, is there a provision to remove the requirement on small community groups to provide an annual audit as it is an unnecessary expense for these groups?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What legislation is Deputy Healy-Rae talking about?
Michael Healy-Rae (Kerry South, Independent)
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It is the proposed charities (amendment) Bill.
Eamon Gilmore (Dún Laoghaire, Labour)
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I do not think there is a charities (amendment) Bill promised.
Michael Healy-Rae (Kerry South, Independent)
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I believe there is. I am sorry to have to inform the Tánaiste of that.
Eamon Gilmore (Dún Laoghaire, Labour)
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I will come back to the Deputy on that but I cannot find it on the list.
Charlie McConalogue (Donegal North East, Fianna Fail)
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Following the announcement by the Tánaiste yesterday that the fiscal compact referendum will take place at the end of May, can we have a reassurance that the Tánaiste is at one with the Minister for Children and Youth Affairs that the children's referendum will take place during 2012? Perhaps the Tánaiste can update us on whether the national vetting bureau will be published before Easter, as promised. If not, what are the delays?
Eamon Gilmore (Dún Laoghaire, Labour)
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The national vetting bureau Bill is due for publication by the end of April. The Minister for Children And Youth Affairs has already stated that it is intended to hold the children's referendum on a standalone basis.
Charlie McConalogue (Donegal North East, Fianna Fail)
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Will it be held this year?
Eamon Gilmore (Dún Laoghaire, Labour)
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It is intended to have it this year.
Willie O'Dea (Limerick City, Fianna Fail)
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One of the most important items of legislation in the programme for Government from the point of view of public concern is the residential tenancies (amendment) Bill, which will deal with problems in the PRTB regarding private lettings, many of which are subvented by the HSE. Can the Tánaiste give some indication when the Bill will be published? It is a matter of urgency.
Eamon Gilmore (Dún Laoghaire, Labour)
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The heads of the Bill have been approved. The PRTB is researching the viability of a deposit retention scheme. It is intended to publish it late in 2012.
Pearse Doherty (Donegal South West, Sinn Fein)
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I would appreciate if the Tánaiste did not misquote me but I may have the opportunity to correct the record at a later stage. Can the Tánaiste outline when the new site valuation tax legislation will be before the House? Following the statement from the Minister for the Environment, Community and Local Government that council officials will call to houses, the Garda Síochána reports that the opportunity is being used by criminals. Perhaps the Tánaiste can take this opportunity to say that no council official or individual on behalf of the State will seek €100 from any person.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is a separate issue.
Pearse Doherty (Donegal South West, Sinn Fein)
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The second question concerns an item of legislation I have asked for on numerous occasions. When will the Údarás na Gaeltachta Bill, to do away with the democratically elected Údarás na Gaeltachta and change the way we deal with the Gaeltacht, be published?
My third question concerns the census. The Government's plans for next year are to bring people home. Publication of the next census requires legislation because of the 100 year rule. This was promised a number of years ago but it seems the work has not been done since. This will not be published in time for people to come back and trace their ancestry and roots. Can the Minister outline whether the legislation will be published so that the census can be released to the public before 2012?
Eamon Gilmore (Dún Laoghaire, Labour)
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The property tax will be introduced to replace the household charge. Work is being done to develop the basis for such a site valuation tax or property tax or whatever title one puts on it. When work is completed, the legislation will be published and introduced. In the meantime, the Government is anxious to hear proposals, including from Deputy Doherty, about how such a tax should be developed. I look forward to receiving those proposals from Deputy Doherty. The Gaeltacht Bill is due to be published this year. I do not have an answer on the census question but I will revert to the Deputy on that point.
Timmy Dooley (Clare, Fianna Fail)
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The Government promised legislation to deal with the unregulated practice of vehicle clamping. When is it hoped to have the Bill before the House?
Eamon Gilmore (Dún Laoghaire, Labour)
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The vehicle immobilisation regulation Bill is the official title.
Timmy Dooley (Clare, Fianna Fail)
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A clamp will immobilise most vehicles.
Eamon Gilmore (Dún Laoghaire, Labour)
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It is expected to be published this year.
Ray Butler (Meath West, Fine Gael)
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I refer to the criminal justice (proceeds of crime) Bill, which intends to strengthen the powers of CAB with regard to money laundering by the medium of diesel laundering. Another diesel laundering plant was discovered in Virginia, taking €5 million from the Exchequer.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What is the question?
Ray Butler (Meath West, Fine Gael)
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Will CAB be given greater powers on diesel laundering and money laundering, which are all part of the same operation?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation?
Ray Butler (Meath West, Fine Gael)
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Yes, the criminal justice (proceeds of crime) Bill intends to strengthen the powers of CAB in forfeiting the proceeds of crime.
Eamon Gilmore (Dún Laoghaire, Labour)
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Consultation is taking place with the CAB about the Bill but I do not have a date for its publication.
Michael McGrath (Cork South Central, Fianna Fail)
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One of the most important documents published every year by the Department of Finance is the stability programme update, which is sent to the European Commission. Unfortunately, it is widely expected that it will confirm a further downward revision of the growth forecast for the Irish economy in 2012. Do we have the date when that document will be published?
Eamon Gilmore (Dún Laoghaire, Labour)
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I do not have the date of publication.