Eamon Gilmore (Dún Laoghaire, Labour)
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It is proposed to take No. 19, statements on the 44th plenary of the British-Irish Parliamentary Assembly; No. 6, Credit Guarantee Bill 2012 -Second Stage (resumed); and No. 5, European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2011 - Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 19 shall, if not previously concluded, be brought to a conclusion after two hours and that the following arrangements shall apply: the opening statements of a Minister or a Minister of State and the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group who shall be called upon in that order shall not exceed ten minutes in each case; the statements of the Chairman, the two Vice Chairmen and a Member from the Technical Group of the British-Irish Parliamentary Assembly, or a person nominated in their stead, who shall be called upon in that order shall not exceed ten minutes in each case; the statement of each other Member called upon shall not exceed ten minutes in each case and such Members may share time; and a Minister or a Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.

It is also proposed, for the purposes of Standing Order 117A, that the first Friday of the month for June shall be Friday, 8 June; that the time and date by which notice of a Bill in connection with that sitting shall be received by the Clerk shall be 11 a.m. on Friday, 25 May, and that related Standing Orders shall apply accordingly.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are two proposal to be put to the House. Is the proposal for dealing with No. 19, statements on the 44th plenary of the British-Irish Parliamentary Assembly, agreed to? Agreed. Is the proposal for the sitting and business of the Dáil on Friday, 8 June agreed to? Agreed.

Charlie McConalogue (Donegal North East, Fianna Fail)
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The report of the independent review of the death of children in the care of the State has been on the Government's desk for almost half a year. As Opposition spokesperson on children's issues, the Minister for Justice and Equality, Deputy Alan Shatter, wondered aloud in this House whether, given the amount of work involved in producing the report, its two authors, child law expert Geoffrey Shannon and the director of advocacy for Barnardos, Norah Gibbons, would have sufficient resources to complete it. In fact, they managed to complete within one year this important report on how the State had failed children in its care.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot have a debate on the report. Does the Deputy have a question on legislation?

Charlie McConalogue (Donegal North East, Fianna Fail)
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However, almost six months after receiving it, the Government has not managed to publish it.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Did the Deputy hear me?

Charlie McConalogue (Donegal North East, Fianna Fail)
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Will the Tánaiste indicate a clear timeline for its publication?

Eamon Gilmore (Dún Laoghaire, Labour)
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When a report of this type is presented to the Government, it must be considered by the Ministers and Departments concerned. In this instance, as per normal procedure, publication of the report will take place after that consideration is completed. The Government has a very good record of publishing reports promptly, but there must be consideration given to the issues dealt with in the report.

Pearse Doherty (Donegal South West, Sinn Fein)
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The board of Tallaght hospital is considering the Health Information and Quality Authority, HIQA, report on safety standards at the hospital's emergency department. I understand the recommendations contained in the report will have consequences and implications for emergency departments throughout the State. The report was commissioned in the light of the unsafe practice at Tallaght of placing patients awaiting a bed on trolleys close to the emergency department. To sum up, this practice led the coroner to question-----

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

Pearse Doherty (Donegal South West, Sinn Fein)
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-----whether it might be safer for patients to remain at home rather than attend the emergency facility at Tallaght hospital. Will the Tánaiste indicate when the report will be published? Given that many agree there is a sense of drift prevailing in the health service, when will the Government bring forward the HSE governance Bill?

Eamon Gilmore (Dún Laoghaire, Labour)
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As I indicated, the HIQA report on Tallaght hospital is being published today. The HSE governance Bill is expected this session.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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There has been little progress on the proposed constitutional convention. I accept that there will be little movement on it between now and the referendum, but can the Tánaiste indicate whether it will require a statutory instrument or primary legislation in order to advance the matter? Does he envisage having a further briefing with the parties on the matter?

Second, when will the monuments Bill which is particularly relevant in the light of the upcoming 2016 commemorations be published? When is the mental health (amendment) Bill expected to be published? I understand recent court rulings have underlined the need for clarity in this regard.

Eamon Gilmore (Dún Laoghaire, Labour)
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The monuments Bill is expected early next year. I do not have a date for publication of the mental health Bill.

Legislation is not necessarily required for the establishment of the constitutional convention, rather we expect to do it by way of political agreement with the parties in the House. Consultation has taken place in this regard. As the Deputy acknowledged, we do not intend to progress it this side of the referendum.

Joe Higgins (Dublin West, Socialist Party)
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It was said about the treaty of Limerick that it was broken "ere the ink wherewith 'twas writ could dry". That was all the way back in 1691. I am afraid this morning that the fiscal treaty is in the same lamentable state. What is the Government going to do about the European Stability Mechanism Bill - known as the fiscal responsibility Bill - which enshrines the austerity treaty, in view of the comment by the new French Minister for finance this morning that the treaty will not be ratified as is?

Finian McGrath (Dublin North Central, Independent)
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That is right.

Mattie McGrath (Tipperary South, Independent)
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Now.

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

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot debate this issue. This is a straightforward question about when the Bill will be introduced.

Finian McGrath (Dublin North Central, Independent)
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He has a point. They are ducking and dodging.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This Bill has been published, has it not?

Joe Higgins (Dublin West, Socialist Party)
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It has been, but unfortunately-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Bill has been published, so we cannot debate it.

Joe Higgins (Dublin West, Socialist Party)
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Unfortunately, we have a Bill that is now redundant.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is the Order of Business. The Deputy will have to find some other way of raising it.

Joe Higgins (Dublin West, Socialist Party)
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A Cheann Comhairle, this is a matter for you and the Dáil. We have a fiscal responsibility Bill-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is a matter for me to apply Standing Orders, which I am applying.

Joe Higgins (Dublin West, Socialist Party)
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I know, but it is redundant.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is not redundant; it has been published, and when it is taken is a matter for the Government.

Joe Higgins (Dublin West, Socialist Party)
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The Tánaiste probably has the quelques mots. The French Minister said "le traité ne serait pas ratifié en l'état."

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is very interesting. Thank you, Deputy.

Joe Higgins (Dublin West, Socialist Party)
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It will not be ratified, so what is going to happen with the schedule?

Eamon Gilmore (Dún Laoghaire, Labour)
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The fiscal responsibility Bill will be dealt with after the referendum. That is the intention. We have made it clear from the beginning that the fiscal responsibility Bill would be published but that it would not be taken through the House in advance of the referendum. The people of this country make the decision in respect of what is or is not in our Constitution and whether we ratify the treaty. That is the people's choice. With regard to ratifying the treaty, the French Government has made it clear that what it is seeking, as this Government is seeking, are growth measures-----

Mattie McGrath (Tipperary South, Independent)
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It is going badly about it.

Eamon Gilmore (Dún Laoghaire, Labour)
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-----in addition to what is in the treaty in order to get people back to work, encourage investment in the economy and achieve recovery.

Robert Troy (Longford-Westmeath, Fianna Fail)
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Every day of the week we see more businesses closing down, and the reasons cited are upward-only rent reviews and commercial rates. The Government has reneged on its commitment to abolish upward-only rent reviews. When will we see amending legislation to deal with the exorbitant commercial rates that businesses are currently being forced to pay?

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

Eamon Gilmore (Dún Laoghaire, Labour)
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There is a valuation Bill which is under consideration by the Government.

Robert Troy (Longford-Westmeath, Fianna Fail)
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When will we see it?

Eamon Gilmore (Dún Laoghaire, Labour)
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When the Government has concluded its deliberations, we will publish it.

Barry Cowen (Laois-Offaly, Fianna Fail)
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After the next election.

Robert Troy (Longford-Westmeath, Fianna Fail)
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How many more businesses will have to close first?

Bernard Durkan (Kildare North, Fine Gael)
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On promised legislation, given the difficulties that have arisen in land and property conveyancing------

Emmet Stagg (Kildare North, Labour)
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Fianna Fáil's chickens are coming home to roost.

Seán Fleming (Laois-Offaly, Fianna Fail)
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What about the upward-only rent reviews?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputies-----

Emmet Stagg (Kildare North, Labour)
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Fianna Fáil made it that way.

Dominic Hannigan (Meath East, Labour)
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They are going after Fianna Fáil.

Bernard Durkan (Kildare North, Fine Gael)
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Given the difficulties that have arisen in land and property conveyancing over recent years, especially during the boom period, and the confusion that is now caused for individuals throughout the country, is it intended to expedite the introduction to the House of the land and conveyancing law reform (amendment) Bill? Similarly, with regard to the confusion that seems to prevail on the other side of the House about matters of vital national interest-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am a bit confused. What is the Deputy looking for?

Finian McGrath (Dublin North Central, Independent)
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There is no confusion.

Bernard Durkan (Kildare North, Fine Gael)
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I am just trying to eliminate some of the confusion.

Finian McGrath (Dublin North Central, Independent)
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There is no confusion. The Government got a constructive proposal this morning.

Bernard Durkan (Kildare North, Fine Gael)
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There is. Deputies Mattie McGrath and Finian McGrath get confused sometimes-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Do not mind that.

Bernard Durkan (Kildare North, Fine Gael)
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-----about their re-entry into Fianna Fáil. I refer to the education (admission to school) Bill-----

Mattie McGrath (Tipperary South, Independent)
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Is the Deputy going back?

Bernard Durkan (Kildare North, Fine Gael)
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-----which is important legislation. It would be of major benefit to some of the people on that side of the House, who seem to get increasingly confused every day.

Mattie McGrath (Tipperary South, Independent)
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There will be no schools left.

Barry Cowen (Laois-Offaly, Fianna Fail)
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No rural schools.

Eamon Gilmore (Dún Laoghaire, Labour)
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The land and conveyancing law reform (amendment) Bill is under consideration by the Government. It is intended to publish it this year. The heads of the education (admission to school) Bill are being drafted, and I do not have a date for it yet.

Joan Collins (Dublin South Central, People Before Profit Alliance)
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Following on from last night's discussion on the Private Members' Bill, is the Government discussing a specific Bill to deal with the establishment of bill payment companies such as Rents and Co and the protection of their customers?

Eamon Gilmore (Dún Laoghaire, Labour)
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It is intended to deal with that matter by way of legislation. I understand the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Perry, referred to that in his contribution last night.

Mattie McGrath (Tipperary South, Independent)
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As it is one of those rare times the Minister for the Environment, Community and Local Government, Deputy Hogan, is in the Chamber-----

Bernard Durkan (Kildare North, Fine Gael)
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Perhaps the Deputy would practise that concept.

Mattie McGrath (Tipperary South, Independent)
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-----the Tánaiste might give the House an idea of when he intends to publish the guidelines he has promised and promised. I notice the Minister is not out canvassing either. He has been taken off the scene for a couple of weeks before the referendum, which is a good idea.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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When are these regulations being published?

Finian McGrath (Dublin North Central, Independent)
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Where is Deputy Shatter?

Eamon Gilmore (Dún Laoghaire, Labour)
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Those draft regulations were published six weeks ago.

Mattie McGrath (Tipperary South, Independent)
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No, they were not published.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Finian McGrath.

Mattie McGrath (Tipperary South, Independent)
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Excuse me, we do not have the guidelines.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should not get excited.

Mattie McGrath (Tipperary South, Independent)
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It is not true.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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You can have it out afterwards. I am dealing with facts here.

Mattie McGrath (Tipperary South, Independent)
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You are not being fair, a Cheann Comhairle.

Bernard Durkan (Kildare North, Fine Gael)
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Take it easy.

A Deputy:

The Deputy should withdraw that.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Would the Tánaiste mind repeating what he said? Have these regulations been published or not?

Barry Cowen (Laois-Offaly, Fianna Fail)
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Guidelines.

Eamon Gilmore (Dún Laoghaire, Labour)
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The draft regulations were published six weeks ago.

Mattie McGrath (Tipperary South, Independent)
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That is not a correct answer.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume his seat. I call Deputy Finian McGrath.

Mattie McGrath (Tipperary South, Independent)
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It is not correct. He is great at talking about the referendum.

Bernard Durkan (Kildare North, Fine Gael)
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The man is confused.

Finian McGrath (Dublin North Central, Independent)
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A Cheann Comhairle-----

Mattie McGrath (Tipperary South, Independent)
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We know who is confused.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should mind his ex-leader.

Finian McGrath (Dublin North Central, Independent)
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I have not gone away. I will be back soon.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What are you now, Deputy, by the way, so I can call on you properly?

Finian McGrath (Dublin North Central, Independent)
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On a serious note, I want to ask the Tánaiste about the mental capacity Bill, which reforms the legislation on mental capacity and deals with vulnerable adults and the law. Is the Tánaiste aware that there are around 700 vulnerable teenagers with intellectual and physical disabilities who are worried their services may be stopped in two or three months' time because of the withdrawal of funding by the Government?

Eamon Gilmore (Dún Laoghaire, Labour)
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It is intended that the Bill would be published in the latter part of this session.