Dáil debates

Tuesday, 22 May 2012

4:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 20, statements on pre-European Council Meeting of 23 May 2012; No. 1, Qualifications and Quality Assurance (Education and Training) Bill 2011 [Seanad] - Second Stage; No. 21, Credit Guarantee Bill 2012 - Second Stage (resumed), to be taken on the adjournment of Private Members' business. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. and shall adjourn not later than 10 p.m. and that No. 20 shall be taken immediately following the Order of Business and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 65 minutes, and the following arrangements shall apply: the statements shall be made by the Taoiseach and by the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order and who may share their time, and shall not exceed 15 minutes in each case and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. The order shall resume thereafter with Topical Issues. Private Members' business which shall be No. 39 - Referendum (Amendment) (Varying Of Polling Day) Bill 2012 and No. 61 – motion re national monument at Nos. 14-17 Moore Street; and the proceedings on No. 61 shall, if not previously concluded, be adjourned after 90 minutes tonight.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. tonight agreed to? Agreed. Is the proposal for dealing with No. 20, statements on pre-European Council meeting on 23 May agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

On the Order of Business, I call Deputy Martin.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I wish to raise with the Taoiseach issues relating to legislation under the portfolio of the Departments of Justice and Equality and Defence and under the latter in particular. A serious matter occurred in recent days when, at an event organised by the HSE and the Department of Defence at Custume Barracks, Athlone, an edict was sent from the office of the Minister for Defence, Deputy Shatter, that only Fine Gael and Labour Party councillors were to be invited to attend that function and Fianna Fáil, Sinn Féin or Independent councillors were not to be invited.

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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From where did he learn that?

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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What about the Independents?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Moreover, similar events have taken place at the Curragh. This is a serious issue and is unprecedented.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, we are on the Order of Business now.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Moreover, the Minister's office confirmed that this order went out. The former Deputy, Ms Mary O'Rourke, who is a serious person, contacted my office.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Would the Deputy please deal with matters on the Order of Business? On promised legislation.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Three defence Bills are promised. One is the defence (amendment) (discipline) Bill, a second is the Civil Defence board (dissolution) Bill and the third is the defence (amendment) Bill, which is in section C of the Government legislation programme. I ask the Taoiseach to intervene personally as the Army should never be politicised in this manner. It always has been the precedent that all party political representatives were invited to events involving the Army.

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Fianna Fáil never did that in Clonmel.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I ask for a provision to be put in the aforementioned Bills to ensure there will be no interference in respect of the invitation that should issue to public representatives irrespective of colour or creed-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy, we are dealing with promised legislation. Thank you.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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-----to any event involving the Army. It is a shocking event and I seek clarification from the Taoiseach on it.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy will not get clarification-----

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I want the matter dealt with and I want the Taoiseach-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----except for matters that are in order on the Order of Business.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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-----to speak to the Minister, Deputy Shatter. It is not his Army, it is not Fine Gael's Army, it is the Irish Army and such invitations should be extended to all.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, please resume your seat. You know it is out of order and the Taoiseach should not deal with it.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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He gave it a good run though.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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There are three Bills.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there any promised legislation in this regard?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I can tell Deputy Martin that the Civil Defence board (dissolution) Bill is on the A list for publication this session.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Healy-Rae.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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A Cheann Comhairle-----

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Sorry, Sinn Féin is second in order. I am speaking instead of Deputy McDonald.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I did not know that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Deputy Healy-Rae got out of the traps long before the Deputy.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I apologise, a Cheann Comhairle.

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Deputy Healy-Rae found himself leading Sinn Féin there.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Take it easy there now. The Deputy should not let this rush of enthusiasm go to his head.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy Mac Lochlainn should please proceed.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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In respect of promised legislation, I am sure the Taoiseach will welcome the conclusion of the Vita Cortex dispute and will salute the workers for the stand they took there. Legislation is required to try to ensure there is no repeat of such an incident. However, today I must report to the Taoiseach there has been a serious stand-off at the Highland Bakery on the outskirts of Letterkenny.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Come on now, Deputy, that has nothing to do with the Order of Business. I am sorry.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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It is promised legislation in respect of workers' rights.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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About the Highland Bakery?

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I refer to 28 workers today-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is a very serious issue.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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-----who have been locked in, with Revenue Commissioners staff outside.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is the option of Topical Issues and there are all sorts of other ways to raise the matter, but not on the Order of Business.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Okay, may I then wrap up by asking the Taoiseach to intervene urgently in this matter? He has been talking about protecting jobs and this is about common sense from the Revenue Commissioners.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, this is not in order on the Order of Business.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I ask the Taoiseach to intervene. In respect of promised legislation on workers' rights, he should please intervene in this matter.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, there is no promised legislation. I call Deputy Healy-Rae.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Please. I simply ask the Taoiseach to comment on the position, as this pertains to the Revenue Commissioners.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, it is not in order on the Order of Business. I am sorry. We cannot deal with such issues on the Order of Business. I told the Deputy what to do.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Will he bring forward legislation?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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He should table an issue for the Topical Issue debates.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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May I rephrase the question by asking the Taoiseach whether he will introduce legislation-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, we deal with promised legislation. I call Deputy Healy-Rae.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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-----to try to avoid the scenario that is happening today?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Healy-Rae please.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Can I at least get the Taoiseach on the record in this regard?

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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The purpose of the minerals development Bill is to modernise and consolidate all mineral development. Hopefully this legislation will ensure best practices are adhered to and will allow for the constant monitoring of this industry. I seek clarification on this Bill from the Taoiseach.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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When is this legislation promised?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I expect this legislation to be published towards the end of this Dáil session. It is down for publication and I expect it will just about make it onto the publication list.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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That would be welcome.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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Media reports indicate the iconic pro-democracy leader, Aung San Suu Kyi, is to visit Europe and perhaps Ireland on foot of invitations from NGOs. Does the Taoiseach intend to issue a formal invitation to her to visit Ireland? I further suggest to the Taoiseach that it would be a good idea to invite her to address this House or indeed these Houses, given the respect in which she is held.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy, that is a matter for a Whips' meeting.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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In respect of the European Stability Mechanism Bill, the Government has been suggesting this Bill will ensure access to this State to funding in the event it is required. Consequently, I wonder whether there is a misprint in the Bill that is going to come before the-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, we do not deal with misprints or content. That is done when the Bill is taken.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Because Taoiseach-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Because nothing Deputy. The fact that we do not deal with misprints.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Or mistakes either.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Article 12 mentioned by the Taoiseach earlier states that-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy, you are out of order. Will you resume your seat?

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----states may get funding. In other words, there is no guarantee. I was wondering-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume his seat. As his microphone is switched off, he is not on air.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The Ceann Comhairle did not do that to anyone else's microphone.

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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Atlantic 252.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy was out of order. He does not need me to tell him.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Why does the Taoiseach not tell the truth that there is no guarantee whatsoever of funding in this Bill?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, will you please resume his seat? Thank you.

Photo of Patrick NultyPatrick Nulty (Dublin West, Labour)
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On May 8, I received a reply to a parliamentary question stating this country could not ratify the United Nations Convention on the Rights of Persons with Disabilities because the legislative framework was not yet in place. One of the key aspects of the legislative framework is No. 25 in the legislative programme, namely, the mental capacity Bill. Although campaigners in the area were promised the Bill would be published in April, it is yet to be published. Will the Bill be published this month or when will it be published.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The mental capacity Bill is an important Bill that I expect to be published in this session.

In response to Deputy Boyd Barrett, I am not sure whether he was present but he should not deny Mr. Justice Feeney the accuracy of his comments about the ESM. He has stated that countries that ratify have access while those that do not will not.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I do not think the Taoiseach understands my point.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Very few do.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Durkan.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Deputy's point sometimes is very difficult to understand.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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It is the man from Del Monte.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Deputy should not pay mind to Del Monte or I will refer to some of his friends.

On promised legislation, the Irish Aviation Authority amendment Bill is promised and is a subject of considerable interest. Has the matter been discussed in Cabinet, have the heads been drafted and when is it likely to come before the House for a Second Stage debate? I seek similar information on the criminal justice (proceeds of crime) Bill, which also is promised. It is important legislation to strengthen the powers of the Criminal Assets Bureau, CAB, in respect of forfeiting the proceeds of crime. Finally, the criminal law (human trafficking) (amendment) Bill is equally important and has been promised for a considerable period. I ask the Taoiseach to outline the extent to which these Bills have been discussed in Cabinet, whether the heads have been agreed to and when is it likely they will be introduced to the House.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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After Deputy Durkan's stirring speech at the weekend, he has picked three Bills, namely, the Irish Aviation Authority amendment Bill, the CAB consolidation Bill or the criminal law Bill, in respect of which no work yet has been done on the heads. The third such Bill is expected later this year but the heads in respect of the other two have not yet come before the Government.

5:00 pm

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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I wish to raise two points from this legislation. As for the strategic investment bank, when should Members expect legislation to be brought forward in this regard? It has been a major policy position of the Government in respect of getting people back to work. As Members have heard already what is happening in Donegal, there is a need for such initiatives. One year after the formation of the Government, when will Members have sight of this legislation? The second legislative item is No. 66 on the legislative programme, namely, the electoral (amendment) (referendum spending and miscellaneous provisions) Bill. I note have raised this issue previously. The polling date for islands has been set for of May 28.

The Taoiseach will be aware that people who, owing to their occupations are entitled to a postal vote, are being denied their constitutional right to vote because as the date for polling on the islands is not announced on the same day as is the date for polling on the mainland they were not able to include that date on their application form for a postal vote and the date for such applications has now closed. It is wrong that this is happening on some of our larger islands in particular. For example, Arranmore, which has a helipad, to and from which ferries operated every day last year and which has a helipad.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not relevant on the Order of Business.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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I ask the Taoiseach to review the legislation and stop this practise which might have been acceptable 20 years ago but is not now given the infrastructure on our islands.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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To what legislation is the Deputy referring?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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We will look at that issue in general in the context of the electoral Bill which will be taken later this year.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Griffin.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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What about the strategic investment bank?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will update the Deputy on progress on that matter.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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When?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will give the Deputy a more accurate update on progress on the strategic investment bank.

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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When will the Gaeltacht Bill come before the House?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Caithfidh sé a bheith sa téarma seo. This session.