Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. a16, European Communities (Amendment) Bill 2012 – modification of Standing Orders in relation to motion to instruct the select committee; No.b16, European Communities (Amendment) Bill 2012 – motion to instruct the select committee; No. 16, motion re Offences against the State (Amendment) Act 1998; No. 17, motion re Criminal Justice (Amendment) Act 2009; No. 2, Companies (Amendment) Bill 2012 [Seanad] - Second Stage (resumed); No. 26, Residential Institutions Statutory Fund Bill 2012 [Seanad] - Second Stage (resumed); No. 27, European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2011 - Second Stage (resumed); and No. 28, statements on Common Fisheries Policy reform, to be taken at 6.25 p.m. today and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that (1) No. a16 shall be decided without debate; and subject to the agreement of No. a16, the proceedings in relation to No. b16 shall, if not previously concluded, be brought to a conclusion after 20 minutes and the speech of a Minister or Minister of State and of 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, shall not exceed five minutes in each case; (2) the proceedings in relation to Nos. 16 and 17 shall each, if not previously concluded, be brought to a conclusion after 45 minutes and the following arrangements shall apply in each case; (i) the speech of a Minister or Minister of State and of 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, shall not exceed ten minutes in each case; and (ii) a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and (3) the proceedings in relation to No. 28 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply; (i) the opening statements of a Minister or Minster of State and of 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, shall not exceed 15 minutes in each case; and (ii) a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. Private Members' business shall be No. 68, motion re independent inquiries into planning irregularities (resumed), to conclude at 9 p.m. tonight, if not previously concluded.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal for dealing with Nos. a16 and b16 agreed to? Agreed. Is the proposal for dealing with Nos. 16 and 17 agreed to? Agreed. Is the proposal for dealing with No. 28 agreed to? Agreed. I call Deputy Martin on the Order of Business.

Micheál Martin (Cork South Central, Fianna Fail)
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Yesterday I raised in the House the issue of the necessity and the importance of having a debate in regard to the situation pertaining to Deputy Mick Wallace, and I understand Deputy Wallace himself wanted to avail of an opportunity to make a statement to the House. My understanding from the Whips' meetings was that the Government Whip indicated there were legal reasons that motions or a debate could not be proceeded with. I also understood that Standing Orders precluded any such statement by Deputy Wallace. However, it would seem to me, and I would appreciate some clarification of this, that Standing Order 57 specifically allows for a statement in regard to a matter of this kind, and also a debate.

Brendan Howlin (Wexford, Labour)
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That is a matter for the Ceann Comhairle.

Micheál Martin (Cork South Central, Fianna Fail)
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I wonder why legal issues are being invoked here when Standing Order 57 seems very clear. Standing Order 57 states:

Subject always to the right of Dáil Éireann to legislate on any matter (and any guidelines which may be drawn up by the Committee on Procedure and Privileges from time to time), and unless otherwise precluded under Standing Orders, a member shall not be prevented from raising in the Dáil any matter of general public importance, even where court proceedings have been initiated: Provided that...

(4) members may only raise matters in a substantive manner (i.e. by way of Parliamentary Question, matter raised under Standing Order 21, motion, etc.) where due notice is required...

It seems to me there is no barrier to having this issue at least debated and discussed. I repeat that I consider it extraordinary that every news channel and every station outside of this House can debate the issue and facilitate discussion of it yet this House is the last place that can actually do that. Irrespective of the merits or demerits of the case and irrespective of one's views on it, it is an extraordinary state of affairs that the Parliament of the nation is not in a position to debate it.

It seems to me that the Standing Orders allow for it. I believe we should concentrate our minds in terms of facilitating the said Deputy if he wishes to make a statement - Standing Orders allow that - and then to allow a debate on it.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If the Deputy had taken the trouble to telephone me instead of raising it on the floor of the House, I would have explained exactly what I was requested to do. I have already dealt with this matter. I received a request that a personal statement be made. Under Standing Order 44, a personal statement relates to matters that were raised where clarification is needed and where no debate takes place after the statement. Therefore, the matter is not in accordance with Standing Order 44.

I did what I did in the interest of the Members of this House and in accordance with Standing Orders and I make no apologies for adhering to Standing Orders. I suggest the Deputy should get his Whip to come to the Committee on Procedure and Privileges on the next occasion and suggest an amendment to Standing Orders. I would be pleased if the committee discussed it, and if the Dáil so decides, we will change the Standing Orders. There is no point in coming in here and making it look as if I am being questioned as to why I was the bad boy and did not allow a statement. Therefore, we are not having a debate. The decision was taken-----

Micheál Martin (Cork South Central, Fianna Fail)
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Under Standing Order 57-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Excuse me, the Deputy had his say. He should resume his seat and not get excited.

Micheál Martin (Cork South Central, Fianna Fail)
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I must insist on my right, under Standing Order 57 to raise a point-----

Emmet Stagg (Kildare North, Labour)
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Respect the Chair.

Micheál Martin (Cork South Central, Fianna Fail)
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I have always respected the Chair. I just want to raise a matter under Standing Orders. The Chair has made a comment.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Would the Deputy mind resuming his seat? I have not finished. The Deputy should resume his seat.

Micheál Martin (Cork South Central, Fianna Fail)
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I will persist in raising Standing Order 57. I am entitled to do that.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy is not entitled to raise it. I received a letter from the Deputy in question and I replied to the Deputy in question.

Micheál Martin (Cork South Central, Fianna Fail)
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I am not talking about that at all. I am not talking about the Chair's decision on that.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should get his Whip therefore to raise this matter at a Whips' meeting. Do not try to make politics with this please.

Micheál Martin (Cork South Central, Fianna Fail)
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I am not trying to make politics. Standing Order 57 says-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I do not care what Standing Order 57-----

Micheál Martin (Cork South Central, Fianna Fail)
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The Chair should care about it and should not try to make me-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Excuse me, the Deputy should not question the Chair.

Micheál Martin (Cork South Central, Fianna Fail)
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I am not questioning the Chair. I am asserting my right to-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I was not requested to deal with this matter under Standing Order 57.

Micheál Martin (Cork South Central, Fianna Fail)
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The Chair is making the decision.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If Deputy Martin wants to come in here or pick up the telephone or raise the issue of Standing Order 57, he should do that, but he should not do it playing politics.

Deputies:

Hear, hear.

Micheál Martin (Cork South Central, Fianna Fail)
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I beg the Ceann Comhairle's pardon. I am entitled to raise the issue of-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy is not entitled to it. He is not entitled to deal with something he knows nothing about, because he did not see the correspondence. I call Deputy McDonald.

Micheál Martin (Cork South Central, Fianna Fail)
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I am entitled-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I have called on Deputy McDonald.

Micheál Martin (Cork South Central, Fianna Fail)
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I ask the Ceann Comhairle to reflect on what he has just said. I have quoted Standing Order 57 and I am entitled to raise this.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I will not reflect on what I said. The Select Committee on Members' Interests of Dáil Éireann is meeting at noon today. I call Deputy McDonald. I will not play politics with this.

Micheál Martin (Cork South Central, Fianna Fail)
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I am entitled to raise this under Standing Orders. This is not about playing politics. It is about my right as a parliamentarian to raise an issue under a Standing Order of this House-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is outrageous. The Deputy did not get his way out on the plinth so he is coming in here trying to question me. I call on Deputy McDonald.

Micheál Martin (Cork South Central, Fianna Fail)
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-----and the Chair has no right to undermine my right to do that.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am suspending the sitting for five minutes.

Micheál Martin (Cork South Central, Fianna Fail)
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Have a proper answer the next time.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I will deal with you when I come back.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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All I want to say on the subject is that I dealt with the request under Standing Order 44. If anybody wishes to ask the Government for time, that is their business. I call Deputy McDonald.

Joe Higgins (Dublin West, Socialist Party)
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May I speak on that issue?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, I have called Deputy McDonald.

Micheál Martin (Cork South Central, Fianna Fail)
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On that-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I have called Deputy McDonald, in case the Deputy did not hear me.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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I believe I have the floor, Deputy Martin.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Yes.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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As I am sure the Taoiseach is aware, at approximately this time of year, Women's Aid publishes its annual domestic violence figures. Over 13,000 people called the organisation's helpline last year. Some 2,000 of those calls disclosed emotional, physical and sexual abuse of children in their homes and this represented a 25% increase on the previous year. Some 3,000 callers said that children were witnessing at first hand the abuse and violence perpetrated against their mothers. The Government has been in office for over 15 months and, as the Taoiseach is aware, he made a commitment on entering Government to introduce reformed, consolidated domestic violence legislation. Unfortunately, that legislation has been put on the back burner because the Government has prioritised troika-related legislation. We know that domestic violence increases during times of economic recession, so the urgency of dealing with this matter by introducing legislation also increases. I am disappointed that the Government has not yet taken the kind of concrete preventative action that is necessary to protect women and their children.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, we cannot have a debate on the subject.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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When does the Taoiseach propose to deliver on the programme for Government commitment? When can we expect the introduction of the reformed consolidated domestic violence legislation, and when will we get some indication that the Government will fund the services in question to an adequate level?

Enda Kenny (Mayo, Fine Gael)
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I thank the Deputy for her query. Given that this country is in a programme, detailed analysis of its performance is required on a regular basis. So that we can continue to receive funding, various changes must be made, some of which are very serious and many of which require legislation. That is why the House will continue to sit as late as necessary before it rises for the summer recess to deal with a raft of legislation which is required under the troika arrangements for the country to function. That does not in any way detract from the necessity of dealing with other important legislation, including the domestic violence legislation. I responded to Deputy Adams on this last week. There is a clear commitment in the programme for Government to introduce consolidated and reformed domestic violence legislation to deal with all aspects of domestic violence - the Deputy mentioned sexual, physical and emotional abuse. I cannot give a date on which it will be produced, but work is proceeding. Given the need for consultation and the sensitivity of the issue, as well as the requirement to dispose of other legislation, it has not been possible to publish a Bill before now.

In advance of those wider reforms, reforms have already been introduced to domestic violence legislation by means of the Civil Law (Miscellaneous Provisions) Act 2011, which, as the Deputy is aware, removed the minimum required period of cohabitation before one member of a cohabiting couple may apply for a safety order - previously, the applicant was required to have resided with the respondent for at least six of the previous 12 months - and gave equal access to the protections of the Domestic Violence Act 1996 to same and opposite-sex couples. The relevant provision previously referred only to couples living together as husband and wife. The 2011 Act also widened the scope of section 2 of the 1996 Act, which specifies who may apply for a safety order, to enable a person to obtain a safety order against a person with whom he or she has a child in common. This is the only exception to the general rule that the protections available under the Domestic Violence Act are for the benefit of persons who have lived together in the same household. The work to which I have referred is proceeding, and changes were made in the Civil Law (Miscellaneous Provisions) Act 2011.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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So the Taoiseach cannot give a date.

Enda Kenny (Mayo, Fine Gael)
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I cannot give the Deputy a date for publication.

Niall Collins (Limerick, Fianna Fail)
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After all that. It took ten minutes.

Alan Shatter (Dublin South, Fine Gael)
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Within four months the Government will introduce those changes.

James Bannon (Longford-Westmeath, Fine Gael)
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With the window of opportunity for the introduction of legislation between now and the summer recess narrowing, can the Taoiseach tell me whether the Bill pertaining to the creation of SOLAS, earmarked for 2012, will be published before the end of this year? It is important that we have a good education and training system in place.

Enda Kenny (Mayo, Fine Gael)
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I assure Deputy Bannon that the clear intention is to have the legislation introduced and passed by the end of this year.

Willie O'Dea (Limerick City, Fianna Fail)
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When will the residential tenancies (amendment) Bill be published? It is important legislation.

Enda Kenny (Mayo, Fine Gael)
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This session.

Michael Healy-Rae (Kerry South, Independent)
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With regard to the promised health governance Bill, is the Taoiseach aware that there are 68 people waiting for prostheses at the moment at Gurranabraher hospital in Cork, and a total of 595 people, between prostheses and orthotics-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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What legislation is the Deputy talking about?

Michael Healy-Rae (Kerry South, Independent)
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I am talking about the health governance Bill, which is promised.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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On the health governance Bill.

Michael Healy-Rae (Kerry South, Independent)
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I ask the Ceann Comhairle to indulge me on one more matter.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy cannot make statements every morning on legislation.

Michael Healy-Rae (Kerry South, Independent)
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I am not making a statement, a Cheann Comhairle. A child aged three and a half-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should request a Topical Issue debate.

Michael Healy-Rae (Kerry South, Independent)
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A three and a half year old child who had an amputation must wait a year and a half for a prosthesis. That is not right. What can be done about it?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Are we talking about promised legislation?

Enda Kenny (Mayo, Fine Gael)
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For the information of Deputy Healy-Rae, the HSE governance Bill will be published this session.

Bernard Durkan (Kildare North, Fine Gael)
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The health information Bill is also promised. Has the Bill been discussed in Cabinet, and have the heads been agreed? When is it likely to come before the House for Second Stage?

The DNA Bill, which is also promised, is eagerly awaited by those involved in the pursuit of crime and those given the responsibility of impeding those who have made a life of crime. Have the heads of that Bill been discussed and agreed? When is it likely to come before the House?

Enda Kenny (Mayo, Fine Gael)
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I can inform Deputy Durkan that the heads of that Bill were cleared in 2009. It is expected to be published before the end of the year. The heads of the criminal justice (forensic evidence and DNA database system) Bill were cleared back in 2007, and it will also be published before the end of this year.

Jerry Buttimer (Cork South Central, Fine Gael)
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Is there any legislative response that we can make as a House to the situation in Syria? There is a humanitarian crisis which requires leadership not only by our country, but by the whole world.

Enda Kenny (Mayo, Fine Gael)
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This has erupted into a full-scale civil war and the atrocities are beyond belief. As far as the Government is concerned, the Minister for Foreign Affairs and Trade is in touch with our European colleagues and we join with them and with other leaders of Governments around the world in condemning unreservedly the atrocities taking place in Syria. Ireland will contribute in whatever way it can.

Timmy Dooley (Clare, Fianna Fail)
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It is the civil war in the Labour Party that the Taoiseach should be more worried about.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The issue of Syria will be discussed during the Topical Issue Debate this afternoon.

Ray Butler (Meath West, Fine Gael)
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Is there any proposed legislation to reform the way in which the Department of Education and Skills presents examinations-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Hold on.

Ray Butler (Meath West, Fine Gael)
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-----in light of yesterday's leaving certificate higher level maths paper, which was branded the worst exam in the history of the State?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should not run away with himself.

Ray Butler (Meath West, Fine Gael)
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Will there be a review of this paper?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot review exam papers on the Order of Business.

Robert Troy (Longford-Westmeath, Fianna Fail)
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When is it intended to publish the Green Paper on the Defence Forces, and why is the Minister pre-empting its recommendations by announcing a reduction in the number of Army brigades from three to two? When will the House be informed of the future of the Western Brigade and the status of its headquarters in Custume Barracks in Athlone? There is great anxiety among Army personnel, their families and the business community.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the Deputy asking about the Green Paper?

Robert Troy (Longford-Westmeath, Fianna Fail)
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Yes. The Minister has pre-empted the recommendations of the Green Paper. I want to know when it will come before the House.

Enda Kenny (Mayo, Fine Gael)
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The Green Paper on the Defence Forces will be published before the end of the year.

Mick Wallace (Wexford, Independent)
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I acknowledge, a Cheann Comhairle, that the manner in which you dealt with my request to make a statement was correct. It was due to my lack of understanding that I did not apply in the right manner. If I apply under Standing Order 57, will I be facilitated with an opportunity to make a statement?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The only thing I can suggest to the Deputy is that, as he is no longer in the Technical Group, he make a request to the Government, which has made it clear that it will await the outcome of the discussion by the Committee on Members' Interests. I understand the Whips are discussing the possibility of having statements, but let us wait for the committee to discuss the issue. It is the Deputy's right to seek time from the Government.

Joe Higgins (Dublin West, Socialist Party)
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Ceann Comhairle -----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I assure Deputies that I do not deprive anybody of the right to speak in this House but we have to act according to Standing Orders.

Joe Higgins (Dublin West, Socialist Party)
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Ceann Comhairle -----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy Higgins, we are not debating this issue.

Micheál Martin (Cork South Central, Fianna Fail)
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On a point of order, I am entitled to raise the matter under any Standing Order. I raised the matter under Standing Order 57. That was my point.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, you were questioning my decision.

Micheál Martin (Cork South Central, Fianna Fail)
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I was not.

Niall Collins (Limerick, Fianna Fail)
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He was not questioning the Ceann Comhairle's decision.

Micheál Martin (Cork South Central, Fianna Fail)
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The Ceann Comhairle took it too personally.

Niall Collins (Limerick, Fianna Fail)
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He is taking it all wrong.

Micheál Martin (Cork South Central, Fianna Fail)
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The Government has indicated that legal issues prevented the matter from being facilitated.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If the Deputy wants to ask for Government time to debate a motion, he should do so by all means.

Micheál Martin (Cork South Central, Fianna Fail)
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I do not think Standing Order 57 is clear. This Parliament should decide.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We all know -----

Micheál Martin (Cork South Central, Fianna Fail)
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It is crazy that the Parliament cannot decide whether it wants to arrange a debate.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Let us be clear on this.

Micheál Martin (Cork South Central, Fianna Fail)
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There is a problem here.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Standing Orders are there for everybody to read. I advised Deputy Wallace that he had the right to seek Government time but that a personal explanation under Standing Order 44 was not in order. If Deputies Martin, Joe Higgins and Wallace want to ask for Government time on the Order of Business to debate an issue, that is their right and I will facilitate them.

Micheál Martin (Cork South Central, Fianna Fail)
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That is what I asked this morning.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I read in the newspaper today that I was supposed to be preventing a debate. I am not preventing a debate.

Micheál Martin (Cork South Central, Fianna Fail)
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I never claimed that.

Niall Collins (Limerick, Fianna Fail)
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Who writes the newspapers?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy Higgins, what is the problem?

Joe Higgins (Dublin West, Socialist Party)
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I want to comply with what the Ceann Comhairle has just said. I acknowledge that he referred Deputy Wallace's request to the Committee on Members' Interests. If that committee deliberates the matter, it will come back to the Dáil afterwards. However, if the committee decides that it does not want to address the matter, it is unthinkable that we do not have time this week - I am asking the Taoiseach to facilitate us - for statements from all the parties.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is fine. We will ask the Taoiseach to respond.

Joe Higgins (Dublin West, Socialist Party)
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One reason from my perspective -----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not having a debate on this issue.

Joe Higgins (Dublin West, Socialist Party)
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I know.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I cut off Deputy Martin and I have to fair to everybody.

Joe Higgins (Dublin West, Socialist Party)
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There is a malicious agenda in sections of the right-wing press -----

Bernard Durkan (Kildare North, Fine Gael)
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Change the record.

Joe Higgins (Dublin West, Socialist Party)
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----- including some owned by tax exiles -----

Alan Shatter (Dublin South, Fine Gael)
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It is time Deputy Higgins paid the household charge.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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If Deputy Higgins is seeking time for a debate, I will ask the Taoiseach to respond.

Alan Shatter (Dublin South, Fine Gael)
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Has he paid his household charge?

Joe Higgins (Dublin West, Socialist Party)
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As elected Members, we have a right to voice our concerns.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask the Deputy to resume his seat.

Enda Kenny (Mayo, Fine Gael)
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I am glad that peace has broken out again. It is good to see calm restored to the Chamber. The Ceann Comhairle requested the Committee on Members' Interests to consider this today. Deputy Pringle is Chairman of that committee and I expect it will reach a decision quickly. The Government will respond to its decision. I have seen instances of this in the past and it is not for me make a comment that might be prejudicial to any consequent proceedings. I assure Deputy Higgins that the Government will make its decision clear following the committee's deliberations, which I understand will meet shortly. The Whips will meet after that and the Government will respond.