Enda Kenny (Mayo, Fine Gael)
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The Order of Business is No. 11, motion re ministerial rota for parliamentary questions; No. 12, motion re Further Revised Estimates, Votes 2 and 3; No. 4, Thirtieth Amendment of the Constitution (Treaty on Stability, Coordination and Governance in the Economic and Monetary Union) Bill 2012 - Order for Second Stage and Second Stage; and No. 5 Social Welfare and Pensions Bill 2012 - Order for Second Stage and Second Stage to be taken at 9 p.m. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn not later than 11 p.m., Nos. 11 and 12 will be decided without debate and any division demanded on No. 12 shall be taken forthwith. Private Members' Business, which shall be No. 33, Medical Treatment (Termination of Pregnancy in case of Risk to Life of Pregnant Woman) Bill - Second Stage, shall also be taken immediately after the Order of Business tomorrow and shall, if not previously concluded, be brought to a conclusion after 90 minutes on that day.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are three proposals to put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. tonight agreed to? Agreed. Is the proposal for dealing with Nos. 11 and 12, motions re ministerial rota for parliamentary questions and Further Revised Estimates, Votes 2 and 3, without debate agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to?

Micheál Martin (Cork South Central, Fianna Fail)
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In terms of the order, I want to oppose the general order. The Ceann Comhairle is taking items one by one but I want to oppose the order.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy must oppose something.

Micheál Martin (Cork South Central, Fianna Fail)
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I will oppose this one then, I am standing to oppose it.

Michael McNamara (Clare, Labour)
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Oppose everything.

Micheál Martin (Cork South Central, Fianna Fail)
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I am sorry if it has delayed the House.

Michael McNamara (Clare, Labour)
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Constructive opposition.

Micheál Martin (Cork South Central, Fianna Fail)
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Very constructive.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the Deputy not agreeing to the arrangements for Private Members' business?

Micheál Martin (Cork South Central, Fianna Fail)
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The bottom line is this: I want to put it to the Taoiseach that we have had commentary left, right and centre about a substantial issue to do with charging for water. Irrespective of one's perspective on it, it goes to the heart of the relevance of this House to debate what is taking place in the country. We have had this on successive days over the weekend. The least this House should do is to allocate time for the Minister of State, Deputy O'Dowd, to make a detailed statement outlining the work that has been undertaken to date on the preparation for the introduction of water metering and all of the detailed proposals that have been submitted by the utility companies for the selection process. It was the worst kept secret that Bord Gáis would get this because executives were saying this a number of weeks ago - that is interesting if the decision was only taken yesterday. People seemed to know Bord Gáis would get this some time ago so there is a need for the Minister of State to come in, to make a detailed statement and to take questions from Members.

The Taoiseach mentioned the VAT issue this morning. His own Minister of State could not answer the question on that this morning when he was asked it on "Morning Ireland".

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot have a full discussion on it now.

Micheál Martin (Cork South Central, Fianna Fail)
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There is a need for clarity on the Government side of the House, not from anyone else. We did not start this on Sunday.

Michael McNamara (Clare, Labour)
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Fianna Fáil started it in December 2010.

Brian Hayes (Dublin South West, Fine Gael)
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Fianna Fáil started it.

Micheál Martin (Cork South Central, Fianna Fail)
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The Tánaiste was coming out of his conference and someone sent this Exocet across him; he was a bit startled in the beginning and said he did not think any decision had been taken.

Emmet Stagg (Kildare North, Labour)
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Fianna Fáil caused the mess.

Micheál Martin (Cork South Central, Fianna Fail)
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There is a need for this House to debate it. I just want the House to discuss it, to have clarity and a detailed presentation. That is all I want. It is being discussed everywhere else.

Michael McNamara (Clare, Labour)
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Fianna Fáil did not discuss things in December 2010. Why did Deputy Martin not discuss it with Brian Cowen? Where was he then?

Micheál Martin (Cork South Central, Fianna Fail)
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Is this House relevant anymore to anything that goes on?

Pat Rabbitte (Dublin South West, Labour)
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Deputy Martin and Fianna Fáil did not discuss it with this House before signing it off with the troika.

Timmy Dooley (Clare, Fianna Fail)
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I thought the Labour Party was going to renegotiate that.

Enda Kenny (Mayo, Fine Gael)
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As Deputy Martin is aware from his years as Minister for Foreign Affairs, we are preparing for the Presidency of the European Union for the first half of 2013. The Minister for the Environment, Community and Local Government is at a Council of Ministers meeting in Denmark dealing with environmental matters. When the Minister returns there will be no difficulty at all in making as much time as the Deputy wishes available. However, it cannot happen today. Today we are dealing with the European stability treaty. The Deputy was giving out yesterday that there is not enough time to deal with this. It is on the agenda today and is an absolute priority, so we will devote as much time to it as is necessary.

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach could provide 45 minutes extra and we will stay for the extra hour.

Enda Kenny (Mayo, Fine Gael)
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The Deputy can arrange for his party Whip to raise the question of a debate on water for as long as he wishes at this evening's meeting of the Whips-----

Micheál Martin (Cork South Central, Fianna Fail)
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I am not talking about a Whips' meeting; I am talking about in this House.

Enda Kenny (Mayo, Fine Gael)
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We have no difficulty with talking about this and with dealing with all the issues the Deputy wishes to raise.

Micheál Martin (Cork South Central, Fianna Fail)
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Bring the Minister to the House to make a detailed statement, rather than leaking left, right and centre against each other.

Enda Kenny (Mayo, Fine Gael)
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Deputy Martin should remember there will be two years of discussion on this, between the entity being set up, the regulator, the Government, the House and the people-----

Micheál Martin (Cork South Central, Fianna Fail)
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So the Minister should come to the House to talk about it.

Enda Kenny (Mayo, Fine Gael)
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-----before any bill is given to anybody. The Deputy will have his opportunity to talk about it-----

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach is dodging.

Enda Kenny (Mayo, Fine Gael)
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-----and ask as many questions as he wishes. He can raise it at the Whips' meeting tonight.

Micheál Martin (Cork South Central, Fianna Fail)
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It is being discussed everywhere except in this House. That is not a good enough answer. It is the old story.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy, I am trying to bring a little order to the proceedings. We have been away for a fortnight but Members should settle down.

Micheál Martin (Cork South Central, Fianna Fail)
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A Cheann Comhairle, it goes to the heart of the relevance of this House.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with Private Members' business agreed to?

Micheál Martin (Cork South Central, Fianna Fail)
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It has been stated by the Taoiseach that the Government is anxious to raise up to €500 million through a property tax and that it will bring proposals before the House shortly in that regard. Could he indicate when legislation will be introduced?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Could we have order please? I am sorry, but could those who are leaving the Chamber do so quietly? We have business to transact in the Chamber.

Micheál Martin (Cork South Central, Fianna Fail)
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Thank you, a Cheann Comhairle. The Government has stated that it wishes to raise €500 million through a property tax. Could the Taoiseach indicate to the House when he intends to bring legislation forward to prepare for the introduction of a property tax?

Given that we now have a date for the European fiscal treaty referendum, could the Taoiseach indicate when it is his intention to bring forward legislation to provide for a constitutional amendment to abolish the Seanad?

Mary Lou McDonald (Dublin Central, Sinn Fein)
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I understand that a committee headed by Dr. Don Thornhill is due to report to the Minister for the Environment, Community and Local Government, Deputy Hogan, shortly on the introduction of a property tax. As the Taoiseach is aware, public speculation is that the proposed tax could amount to €1,000 for home owners.

Emmet Stagg (Kildare North, Labour)
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It is nearly as bad as in Northern Ireland.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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Could the Taoiseach confirm when the group will report to Government, whether the report will be published and debated in the Dáil and what his plans are to introduce proposed legislation for the property tax?

Enda Kenny (Mayo, Fine Gael)
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I thank both Deputies for their questions. I saw the report from the ESRI referred to this morning. The Government has its own specialist group which is operating under the chairmanship of Mr. Thornhill, as Deputy McDonald indicated. I do not know when his report will come to Government, but when that happens there will be a full discussion on all such matters. I cannot answer Deputy Martin's question on when legislation will be introduced.

Micheál Martin (Cork South Central, Fianna Fail)
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My understanding-----

Enda Kenny (Mayo, Fine Gael)
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We have not even got the report back from Mr. Thornhill yet. I have seen the speculation about the ESRI report. That is just speculation. In reply to the question on when we will get the report; I do not know. In reply to Deputy Martin's question on when the legislation will be introduced; I cannot tell him that because we do not have the basis for a discussion on the issue.

Micheál Martin (Cork South Central, Fianna Fail)
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But the Government said it had to be in place by 2013.

Enda Kenny (Mayo, Fine Gael)
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Yes.

Micheál Martin (Cork South Central, Fianna Fail)
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This is 2012.

Enda Kenny (Mayo, Fine Gael)
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Deputy Martin asked me when I will introduce the legislation. I cannot answer the question for him. I will wait and see what the report states. We have a process of decisions to make following the production of the report. I do not have a date either for the legislation in respect of the abolition of the Seanad. I will speak to Deputy Martin's party and other parties about the proposition in that regard. It is clear that referenda and the holding of them is a matter for public consultation and political decision in the House. I want to do this in the right way.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Because of the vote we have only seven minutes remaining on the Order of Business and we have seven Deputies offering. I urge them to please be brief.

Joe Higgins (Dublin West, Socialist Party)
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Notwithstanding what the Taoiseach said this morning, the Minister for the Environment, Community and Local Government, Deputy Hogan, said yesterday that he was in favour-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, Deputy Higgins, but this is not in order. Please. We are not having such a debate.

Joe Higgins (Dublin West, Socialist Party)
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-----of having water cut off to people's homes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No.

Joe Higgins (Dublin West, Socialist Party)
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Yes, he did.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I do not care what he said. This is not in order on the Order of Business.

Joe Higgins (Dublin West, Socialist Party)
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No, but the legislative issue that arises, a Cheann Comhairle-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Taoiseach has just answered the question.

Joe Higgins (Dublin West, Socialist Party)
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-----relates to the Local Government (Financial Provisions) Act 1997. Section 12 removed the power of local authorities to implement water charges for homes and therefore removed the monstrous power to cut off people's water. Could I ask the Taoiseach in that regard what legislative measures - and when - he is bringing forward?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, but is legislation promised to cut off people's water?

Micheál Martin (Cork South Central, Fianna Fail)
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Yes.

Joe Higgins (Dublin West, Socialist Party)
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Well-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No legislation is promised so we cannot deal with the matter.

Joe Higgins (Dublin West, Socialist Party)
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The Minister for the Environment, Community and Local Government, Deputy Hogan, in response to a journalist clearly indicated yesterday that this was his wish. That needs a legislative response.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am not into wishes here. I am into practicalities. Will the Taoiseach clear this matter up?

Enda Kenny (Mayo, Fine Gael)
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Deputy Higgins wants to go on his sensational rant again. All public utilities, such as Bord Gáis Éireann and Bord Soláthair an Leictreachais, or, as it is now called, Electric Ireland, have protocols in place for persons who have a difficulty. There is a two-year process here for the discussion on the detail and the legislation in respect of Irish Water. I already made the point that the Government made the decision to award the responsibility to set this up to Bord Gáis Éireann. There will be 2,000 jobs created in the installation of the water meters. The decision of Government is not to increase income tax or to impose further taxes on jobs, and there will be no upfront charge for anybody. No more than any other public utility - this is being retained in public ownership - protocols and details of that matter are for the regulator and Irish Water to deal with over the course of the next two years.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank the Taoiseach.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The Taoiseach has stated that there is no question of the privatisation of water. Given that commitment, what legislation will the Government bring forward to insulate the State from the requirements of EU law which necessitate that any revenue-producing monopoly must be subject to EU rules of competition and, therefore, deregulation and privatisation?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is a matter of detail for the legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Sorry, this is about legislation.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Not about promised legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is. The Taoiseach has stated there is no question of privatisation. I am pointing out to him-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not into privatisation at this point.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----that EU law requires that once a revenue-producing monopoly-----

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

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----is in place, it must be subject to EU rules on competition.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will you be fair to your colleagues?

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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What legislation is the Government bringing forward-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should put down a parliamentary question and we will get an answer.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----to copperfasten the Taoiseach's commitment that there will be no privatisation of water given EU law?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not dealing with that.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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That is to do with legislation.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is nothing to do with legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is to do with the content of legislation.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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It is not.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are dealing with when legislation will be taken, that is it-----

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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When will the legislation-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----not about the detail.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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When will the-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Taoiseach has already told the House: two years time.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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With respect-----

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

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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With respect-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Boyd Barrett should be cognisant of the fact that there are other Deputies wishing to contribute and there are two minutes and 50 seconds left.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I am simply asking what legislation will be brought forward.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Boyd Barrett will not bully us here. I ask him to resume his seat.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I am not trying to bully anybody.

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

Michael McGrath (Cork South Central, Fianna Fail)
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Is it the Government's intention to delay the taking of the Bill which will enable the ratification of the ESM treaty until after the referendum on 31 May? Is it the Government's intention to propose ratification of the ESM treaty irrespective of the result of the referendum on 31 May?

Enda Kenny (Mayo, Fine Gael)
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The Bill dealing with the treaty to establish the European Stability Mechanism is No. 15 on the A list. This is a short Bill to enable Ireland to ratify the treaty.

Michael McGrath (Cork South Central, Fianna Fail)
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Will it be before the referendum or after it?

Enda Kenny (Mayo, Fine Gael)
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It is on the A list. I expect it will be dealt with fairly quickly.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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Both the Minister for Agriculture, Food and the Marine and the Minister for Justice and Equality have stated that they are working on legislation to introduce a levy on online betting. When might that come before the House?

Enda Kenny (Mayo, Fine Gael)
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That is No. 11. That is a matter I would like to see dealt with quickly. I expect that it should be dealt with before we rise for the summer. It is a matter that has been raised with me in many places throughout the country.

Michael Healy-Rae (Kerry South, Independent)
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The Government has finally published draft legislation that will let the State guarantee up to 75% of loans advanced to small businesses. Could the Taoiseach explain how it proposes to stop the banks using the plan to offload riskier customers onto the taxpayer?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot discuss the content. It is only the taking of the legislation we are dealing with now. This is content. If the Deputy tables a parliamentary question, we will make certain he gets an answer.

Enda Kenny (Mayo, Fine Gael)
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That is the Credit Guarantee Bill published on 10 April and it is on its way through the system.

Charlie McConalogue (Donegal North East, Fianna Fail)
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When can we expect the independent review into child deaths in the care of the State to be published, and why the delay? Can the Taoiseach give an update on when we can expect publication of the fifth report of the special rapporteur into child protection?

Enda Kenny (Mayo, Fine Gael)
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The Minister is anxious to publish the report but there are a number of matters relevant to it that must be considered by the Attorney General. On the basis of the legal advice coming back to the Minister, she is anxious to publish it as soon as possible. I ask the Deputy not to seek an exact date from me now, but he can take it that once the Attorney General has advised the Minister in respect of elements of the report, she will deal with it.

Charlie McConalogue (Donegal North East, Fianna Fail)
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When can we expect the fifth report of the special rapporteur into child protection?

Enda Kenny (Mayo, Fine Gael)
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The Minister tells me that she has received the report and that she will publish it shortly.

Timmy Dooley (Clare, Fianna Fail)
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The Taoiseach will be aware that petrol and diesel prices have reached an all-time high. It is having a significant impact on the capacity of the real economy to operate. It is affecting tourism and small businesses. Does the Government have any proposals to bring to this House on changes to both VAT and duties-----

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

Enda Kenny (Mayo, Fine Gael)
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No.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is no legislation promised.

Timmy Dooley (Clare, Fianna Fail)
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-----to moderate the effect of every increase in the base price of oil-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Dooley is out of order. I call Deputy Niall Collins.

Timmy Dooley (Clare, Fianna Fail)
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-----resulting in a significantly increased take by the State?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am told there is no promised legislation.

Niall Collins (Limerick, Fianna Fail)
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When is it proposed to take the mental capacity Bill?

Enda Kenny (Mayo, Fine Gael)
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This session, I understand.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Was it possible to advance in any way over the Easter period the issue of a constitutional convention and the legislation that may be necessary in that regard? Can the Taoiseach comment?

Enda Kenny (Mayo, Fine Gael)
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Yes. I expect to bring a memorandum on this to Government shortly and have informed the members of the parties opposite of where we are headed with it.