Dáil debates

Wednesday, 6 June 2012

11:00 am

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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It is proposed to take No. 12, motion re referral of papers to Joint Committee on Finance, Public Expenditure and Reform; No. 13, motion re referral to joint committee of proposed approval by Dáil Éireann of a directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union; No. 14, motion re referral to select sub-committee of proposed approval by Dáil Éireann of the ratification by Ireland of the Aarhus Convention, the protocol to the Aarhus Convention on pollutant release and transfer registers and the amendment to the Aarhus Convention on genetically modified organisms; No.15, motion re ministerial rota for parliamentary questions; No. 25, Electoral (Amendment) (Political Funding) Bill 2011 [Seanad] - Second Stage (resumed); No. 26, statements on European Council, Brussels, to be taken at 12.05 p.m. today; and No. 6, European Communities (Amendment) Bill 2012 - Order for Second Stage and Second Stage, to be taken at 4.33 p.m. today.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn at 10 p.m.; Nos. 12, 13, 14, and 15 shall be decided without debate; the proceedings in relation to No. 26 shall, if not previously concluded, be brought to a conclusion after 85 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; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; European Communities (Amendment) Bill - Second Stage shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10 p.m. tonight; Private Members' Business shall be No. 64, motion re building control, and shall also take place immediately after the Order of Business tomorrow and shall, if not previously concluded, be brought to a conclusion after 90 minutes on that day.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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There are five proposals to be put to the House. Is the proposal that the Dáil sit later than 9 p.m. agreed to? Agreed. Is the proposal for dealing with No. 12, motion re referral of papers to Joint Committee on Finance, Public Expenditure and Reform without debate, agreed to? Agreed. Is the proposal for dealing with No. 13, motion re referral to joint committee of proposed approval by Dáil Éireann of a directive of the European Parliament and the Council on the freezing and confiscation of proceeds of crime in the European Union without debate, agreed to? Agreed. Is the proposal for dealing with No. 14, motion re referral to select sub-committee of proposed approval by Dáil Éireann of the ratification by Ireland of the Aarhus Convention on pollutant release and transfer registers and the amendment to the Aarhus Convention on genetically modified organisms without debate, agreed to? Agreed. Is the proposal for dealing with No. 15, motion re ministerial rota for parliamentary questions without debate, agreed to? Agreed. Is the proposal for dealing with No. 26, statements on European Council in Brussels, agreed to? Agreed. Is the proposal for dealing with No. 6, Second Stage of the European Communities (Amendment) Bill 2012, agreed to?

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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No.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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It is not agreed to. The proposal is the debate on the European Communities (Amendment) Bill 2012 should be guillotined after only four hours of discussion. This must be seen in the context of an incredible proposal to have three hours of discussion tomorrow on the European Stability Mechanism Bill 2012. These are two major pieces of legislation to institutionalise in EU treaties new funding mechanisms which will have massive implications for European taxpayers and are linked with torturous austerity for ordinary people across Europe. It beggars belief the Government is proposing the use of the guillotine after only a few hours of debate on both Bills. These issues should have been the subject of massive national debate in the last two months, but because the Government concentrated on badgering and blackmailing the people in the course of the referendum campaign on access to the European Stability Mechanism-----

Photo of Ray ButlerRay Butler (Meath West, Fine Gael)
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The Deputy should sit down.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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-----we did not get an opportunity to discuss them in proper detail.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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We have been debating them all the time.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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At the very least, the Government should give the elected Members of the Dáil, particularly opposition Members, the right to express the concerns of a huge majority of the people about these fundamental issues. Therefore, both debates must be open-ended.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Deputy Joe Higgins even let Deputy Richard Boyd Barrett pass him out.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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What is wrong with Deputy Paul Kehoe?

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Deputy Joe Higgins is opposed to the proposal for dealing with No. 6?

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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I am opposing the use of a guillotine.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I, too, oppose the proposal for dealing with No. 6. This is a significant Bill which requires time for a full debate. I oppose the guillotining of the debate. This is the first occasion on which the so-called simplified revision procedure has been used to make changes to European treaties. In this case the changes are to Article 136 of the Treaty on the Functioning of the European Union, the Lisbon treaty. Given the fundamental changes included in the Bill, it is imperative that it be thoroughly scrutinised. The guillotine should be removed and there should be a proper debate. The Labour Party and Fine Gael, when in opposition, argued, for the same reasons, that debates on substantial and important Bills should not be a guillotined and that time should be allowed for full and comprehensive debates on them.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Despite the crippling austerity imposed by the Government on working people-----

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Not again.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----it has failed to get a deal on the bank debt issue. As a consequence, it is now a racing certainty that we will require a second so-called bailout and be forced into the ESM programme which is nothing more than another but institutionalised EU-IMF austerity programme.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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We are not debating the Bill.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Incredibly, despite that certainty - something even the Government's spokespeople more or less acknowledged in the last week of the referendum debate - the Government refused to have a full debate on the European Stability Mechanism. That is just extraordinary. We could be tied into this ESM and the austerity that will go with it for years because of the failure of the Government's policies and the failure to get a write-down of debt. All the Government is allowing is a few hours of debate on the ESM. Serious issues are contained within the ESM. It lacks public accountability and public oversight and it will be immune from prosecution and investigation. It could cost the State €11 billion or more to be involved in it-----

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Deputy Boyd Barrett should stop scaremongering.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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-----but the Government is imposing a guillotine. This is what we get from a Government that promised more transparency and a new type of democracy - a guillotine is being imposed on the ESM Bill. That is absolutely unacceptable.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Deputy Boyd Barrett should stop misleading people.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The guillotine should be removed on the debate and the public should be allowed to know the full facts about the ESM.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I thank the Deputy. We are having brief statements.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I seek clarification from the Minister for Education and Skills on a specific point. I understand that today we are debating the European Communities (Amendment) Bill, which is an amendment to Article 136 of the Treaty on the Functioning of the European Union.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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It is to allow the ESM to be installed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I will speak, if I may. I did not interrupt anyone. Tomorrow we will have a discussion proper on the ESM Bill. I welcome the establishment of the ESM because this country does need to have potential access to a fund of that scale and size. We all criticised the European Union for the absence of mechanisms to respond to the type of crisis it has experienced in recent years. The establishment of a permanent fund to help countries that are in trouble is a welcome mechanism that will be permanent and long standing. It will help Europe and the eurozone of which we are a member. I have always been somewhat perplexed by the knee-jerk reaction and negativity towards the establishment of the ESM. It is a welcome measure but I respect the right of others to differ.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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Deputy Martin should read his speech made last December.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I suggest to the Leas-Cheann Comhairle and the Minister that we could discuss, through the Whips, whether there would be an opportunity to have a longer debate on the ESM tomorrow. I do not wish to guillotine anything. More time should be provided. It is a serious subject. We have spent recent weeks discussing Europe in general on the hustings and the House should be in a position to facilitate a longer debate, if necessary, either today on the European Communities (Amendment) Bill, which is a specific measure to amend Article 136, or on the ESM Bill proper. The Taoiseach indicated today that he is in favour of changing the mandate of the ESM in terms of its capacity to lend directly to banks and ailing banks, and that he had suggested such, which is a view held across Europe. The Minister might clarify the position. Would it require an amendment, for example, to the proposed Bill that is being put before us tomorrow? I would welcome a comment from the Minister in that regard.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I thank the House for the contributions of speakers. We have a very tight timetable within which to enact the legislation. It must be done by the end of this calendar month. We are sitting later and will be sitting late right through this entire parliamentary session. With regard to the order for today, we must have Second and Remaining Stages completed by the end of today in order to proceed with the timetable. The timetable has been set out for today and tomorrow on these matters and I am not in a position to change it.

Question put: "That the proposal for dealing with No. 6 be agreed to."

The Dail Divided:

For the motion: 76 (Pat Breen, Richard Bruton, Joan Burton, Ray Butler, Jerry Buttimer, Catherine Byrne, Eric Byrne, Joe Carey, Paudie Coffey, Seán Conlan, Paul Connaughton, Simon Coveney, Jim Daly, John Deasy, Pat Deering, Regina Doherty, Paschal Donohoe, Robert Dowds, Andrew Doyle, Bernard Durkan, Damien English, Alan Farrell, Frank Feighan, Anne Ferris, Peter Fitzpatrick, Charles Flanagan, Terence Flanagan, Brendan Griffin, Noel Harrington, Simon Harris, Tom Hayes, Martin Heydon, Phil Hogan, Heather Humphreys, Kevin Humphreys, Derek Keating, Colm Keaveney, Paul Kehoe, Seán Kenny, Seán Kyne, Anthony Lawlor, Ciarán Lynch, John Lyons, Eamonn Maloney, Peter Mathews, Michael McCarthy, Joe McHugh, Tony McLoughlin, Michael McNamara, Olivia Mitchell, Mary Mitchell O'Connor, Michelle Mulherin, Dara Murphy, Gerald Nash, Dan Neville, Patrick Nulty, Aodhán Ó Ríordáin, Patrick O'Donovan, Fergus O'Dowd, John O'Mahony, Joe O'Reilly, Jan O'Sullivan, John Perry, Ann Phelan, Ruairi Quinn, Pat Rabbitte, Brendan Ryan, Seán Sherlock, Arthur Spring, Emmet Stagg, David Stanton, Billy Timmins, Joanna Tuffy, Jack Wall, Brian Walsh, Alex White)

Against the motion: 35 (Gerry Adams, Richard Boyd Barrett, John Browne, Dara Calleary, Joan Collins, Niall Collins, Seán Crowe, Clare Daly, Timmy Dooley, Dessie Ellis, Luke Flanagan, Tom Fleming, Séamus Healy, Michael Healy-Rae, Joe Higgins, Billy Kelleher, Pádraig MacLochlainn, Charlie McConalogue, Mary Lou McDonald, Finian McGrath, Mattie McGrath, Michael McGrath, Sandra McLellan, Catherine Murphy, Éamon Ó Cuív, Seán Ó Fearghaíl, Aengus Ó Snodaigh, Jonathan O'Brien, Willie O'Dea, Maureen O'Sullivan, Shane Ross, Brian Stanley, Peadar Tóibín, Robert Troy, Mick Wallace)

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Seán Ó Fearghaíl.

Question declared carried.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Is the proposal for dealing with No. 5 agreed to? Agreed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I note the Minister for the Environment, Community and Local Government is on his way out of the Chamber. I welcome him back.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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I second that.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Order, please.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Minister was missing in action for several weeks and his reappearance on polling day was telling. He more or less said to people, "I have not gone away; I will be back."

Today there are thousands of students sitting the junior and leaving certificate examinations. Our best wishes go to all of them. Students who will sit the examinations next year, however, will not have the benefit of the comprehensive career guidance service they have enjoyed in recent years. One of the most misguided and savage cuts in last year's budget concerned the decision to axe in its entirety the career guidance service which was singled out above and beyond any other teaching service within second level school provision. There is no point in the Minister for Education and Skills shaking his head. That is the reality of what happened.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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It is not.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Despite the provisions included in the Education Act which underpin and support the provision of a professional career guidance service in the education system, the damage of this budget cut is serious and will undermine the capacity of career guidance teachers to help students in the most challenging times of their lives in the latter half of their second level schooling. Will the Minister indicate to the House when the education and training boards Bill, the further education and training authority Bill and the education Bill will be published? Will he utilise the opportunity provided by these Bills to reverse the cut in question? Will he ensure legislatively that school management and principals will at least provide some semblance of a career guidance service for students, given the savage and discriminatory and selective targeting of the career guidance service in the last budget?

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I have to disagree with the former Minister for Education's analysis, given his familiarity with the legislation he introduced in 1998. Career guidance is provided in schools. Resources have been altered.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Altered. More like decimated.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Principals have been given discretion to deploy-----

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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That is the big untruth.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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The Minister to reply, without interruption.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Up to 800 posts have been cut.

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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Is the Minister going to have caretakers teaching?

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The new circular has been communicated to all schools underlining and repeating the obligations under the legislation in respect of the provision of a school career guidance service. This will continue to be the case.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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It is robbing Peter to pay Paul.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The draft heads of the education and training boards Bill, to replace the VECs, have been circulated and discussed by the relevant Oireachtas committee. I am hoping to take Second Stage before the end of this session. We hope to have the SOLAS Bill, to replace FÁS, published by the end of the year. The intention is to try to meet the 1 January 2013 deadline for the legislation to be commissioned and brought into action.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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School principals have been put in an impossible position.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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A circular can be described as secondary legislation. Will there be an opportunity for the House to have a debate on the circular on the career guidance issued to second level schools? It is a great untruth for the Minister to suggest he is giving discretion to principals when he has axed 800 posts from second level schools. People get angry when they hear that kind of official speak which somehow attempts to masquerade and camouflage what, in essence, is a savage cut in the provision of career guidance for young people. The Minister does a disservice when he endeavours to deflect the issue to boards of management and principals. The responsibility lies at his door given that he took this decision. There were alternatives in spreading the burden-----

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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We cannot have a debate on promised legislation.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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-----rather than selectively targeting one vital service and almost eliminating it in one swoop.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The Deputy's exaggerated comments warrant a discussion on the circular within the context of the Education Act 1998. It is a matter for the Whips to decide when and how we should have this discussion.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Dhá cheist faoi reachtaíocht atá fógartha. I note the two official reports on the €3.6 billion discrepancy in the Government's debt figures have recommended that the responsibility for compiling these statistics should rest with one agency, the Central Statistics Office, rather than being shared with the Department of Finance. What is the Government's view of this recommendation and is there a plan to introduce legislation to deal with it? Is legislation required?

Following last week's referendum, will the Government indicate when it intends to bring forward the fiscal responsibility Bill?

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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The Comptroller and Auditor General's report is to be discussed at the Cabinet and it will be for the Minister for Finance to bring forward a recommendation based on that report, which is in the public domain. The fiscal responsibility Bill will be taken this session.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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That concludes the Order of Business as we are out of time. Those Deputies offering will be mentioned to the Ceann Comhairle for tomorrow's business.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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We will mark it down for tomorrow.