Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 11a, motion re ministerial rota for parliamentary questions; and No. 4, Thirty-First Amendment of the Constitution (Children) Bill 2012 - Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 9 p.m. and adjourn not later than 10 p.m.; and (2) No. 11a shall be decided without debate. Private Members’ business shall be No. 59, motion re Magdalene laundries (resumed), to conclude at 9 p.m., if not previously concluded.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are two 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. 11a, motion re ministerial rota for parliamentary questions, without debate, agreed to? Agreed.

Micheál Martin (Cork South Central, Fianna Fail)
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Last week I asked about the fiscal council report, the IMF report and the ESRI report and now we have a report from the Central Bank, all of which signal significant challenges and risks to Ireland in fulfilling its medium-term objectives and budget targets. Given the sense of dismissal of these reports by the Government, I am calling for a comprehensive debate on the serious issues raised by the authors of these reports, particularly the report of the fiscal council which we all agreed should be established to have an objective and independent forum to provide advice for the Government. I ask the Taoiseach to be proactive in organising and facilitating that debate. Also, what progress is has been made on the continuation of the Fiscal Responsibility Bill?

Enda Kenny (Mayo, Fine Gael)
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I will have no difficulty in arranging that the Dáil have an opportunity to debate the fiscal council report, the IMF report and the Central Bank report. The Deputy is obviously clear on the Government's fiscal correction figure of €3.5 billion. It is just a matter of the Whips arranging an appropriate time for that economic debate-----

Micheál Martin (Cork South Central, Fianna Fail)
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The Government Whip tends to dictate what happens here.

Enda Kenny (Mayo, Fine Gael)
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The point is that the Government is quite willing to hear the constructive suggestions of any Deputy on these reports or issues arising from them as it prepares the budget for 2013. I wish to make it clear that the Government will not state its position on the budget in the debate, but with a correction of €3.5 billion to be made, we will be quite willing to hear the views of Members on any of the reports or other matters relevant to the budget as we prepare to meet the fiscal targets and adjustment figures set out for 2013.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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I do not know whether the Taoiseach has read this story about the Minister, Deputy Phil Hogan, this morning-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We do not display newspapers in the Chamber.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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I am asking this question in the context of promised legislation and the ordering of business. It is a serious matter-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry, but this is not in order on the Order of Business.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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-----when a Cabinet Minister is involved in things that might be construed as encouraging discrimination.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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In case the Deputy did not hear me, this is not in order on the Order of Business. There are other ways of raising the matter, other than on the Order of Business.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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The Taoiseach plans to bring forward the Irish Human Rights and Equality Commission Bill, the purpose of which is to separate the commissions which I suggest need to be strengthened. I also suggest the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, needs to be informed that discrimination is unlawful, including discrimination against members of the Traveller community.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should submit a parliamentary question on the issue.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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I ask the Taoiseach to give a commitment that the Minister will come before the Dáil to make a statement on the matter.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Not on the Order of Business.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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It is a headline banner news story in a national newspaper.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is not a matter for the Order of Business.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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It refers to actions that encourage and underwrite discrimination against members of the Traveller community. It is a most serious matter and I ask the Taoiseach to treat it as such and make time available for the Minister to make a statement on the issue.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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In case the Deputy did not hear me, this is not a matter for the Order of Business. When is the legislation promised?

Enda Kenny (Mayo, Fine Gael)
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Legislation has been promised - the human rights Bill. However, it is not scheduled for publication until next year.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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On the matter of the Minister making a statement -----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should resume her seat.

Shane Ross (Dublin South, Independent)
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On the issue of promised legislation, a justice and equality courts Bill is due to be published. Does the Taoiseach intend to introduce that Bill in this session? In view of the fact that Mr. Justice Peter Kelly said yesterday that many judges who were better qualified had been passed over for reasons to do with political preference, does the Taoiseach intend to include provision for the appointment of judges in the Bill?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot debate the contents of the Bill. That is not a matter for the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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I answered questions on this issue yesterday. A judicial appointments commission is in place and assesses the applications of those who wish to be considered for appointment to the Bench. Mr. Justice Peter Kelly has a brilliant record in running the commercial court. His comments were related to the Supreme Court. As I said yesterday, the Chief Justice was already a member of the Supreme Court before being appointed by the President as Chief Justice. Also, two other appointees to the Supreme Court had already been nominated to the High Court before being elevated. I do not believe anybody could quibble with their integrity, credibility and capacity to do the job as required on their appointment to the Bench.

Shane Ross (Dublin South, Independent)
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What about the evidence?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I remind Deputies of what is in order on the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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The President of the High Court chairs the judicial appointments commission and vets all applications.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot have a debate on this matter on the Order of Business.

Enda Kenny (Mayo, Fine Gael)
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Nobody has been appointed, or will be appointed, who has not been vetted or approved by the judicial appointments committee, under the chairmanship of the president of the court.

Shane Ross (Dublin South, Independent)
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The board-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I ask both sides of the House to recognise the Chair when I try to rule in accordance with Standing Orders. I have to be seen to be fair to both sides. The distinction between what is allowed on the Order of Business and what is not is quite clear. I will not allow a question or the answer to that question if it is not in order. I want to be fair to everybody. There are other ways of dealing with this issue without raising it on the Order of Business. By all means, I will facilitate matters that are in order.

John Deasy (Waterford, Fine Gael)
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I would like to ask the Taoiseach about the Houses of the Oireachtas inquiries Bill, which provides a framework for Oireachtas inquiries, including a banking inquiry. It is listed in section C of the Government's legislative programme, which means the heads of the Bill have not been approved by the Government. The Bill will probably not be dealt with until 2013, which will be five years after the bank guarantee of 2008. If a banking inquiry is to occur, as promised in the programme for Government, it needs to be given some legislative priority. If the inquiry is delayed further, there is a danger that it will lose its usefulness.

Enda Kenny (Mayo, Fine Gael)
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I can confirm to the Deputy that the Minister for Public Expenditure and Reform will bring the heads of the Bill to the Government in the next few weeks. It will then move onto section A of the list. I hope we can have it published, at least, in this session. We will ensure it gets every priority.

Peadar Tóibín (Meath West, Sinn Fein)
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Under this Administration, thousands of businesses are going bust every year, in many cases as a result of the suffocating demands associated with the Government's policy of austerity. The Government has promised to introduce a credit guarantee scheme. What is necessary at this stage to put such a scheme in place? When will that be done?

Enda Kenny (Mayo, Fine Gael)
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It is important to note that 17,000 new jobs have been created in the private sector. I see evidence every week of growing signs of confidence in the private sector.

Peadar Tóibín (Meath West, Sinn Fein)
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Some 33,000 jobs have been lost.

Enda Kenny (Mayo, Fine Gael)
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Of course unemployment is much too high. It is a welcome trend to see the private sector increasing its workforce by 17,000. At a recent IBEC conference, the signs were that there will be a strong reaction from 600 businesses. The Government has set out its action plan for jobs. I expect that the commencement of the partial loan credit guarantee scheme and the micro-finance agency, along with other issues that are going into operation this month, will have an impact here. It is clear that access to credit from banks continues to be an issue.

Peadar Tóibín (Meath West, Sinn Fein)
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Will the scheme be in place by the end of this month?

Patrick Nulty (Dublin West, Labour)
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It seems to me that some commentators and some people in this country do not believe workers have the right to engage in industrial action to protect their pay and conditions.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Where are we going here, Deputy?

Patrick Nulty (Dublin West, Labour)
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I will say exactly where we are going.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Thanks very much.

Patrick Nulty (Dublin West, Labour)
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When will legislation to provide for the right of workers to engage in collective bargaining be published? When will we see it before the House?

Enda Kenny (Mayo, Fine Gael)
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I do not have any commencement date for the Bill referred to by the Deputy.

Eamonn Maloney (Dublin South West, Labour)
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Is there any indication of a timeframe for the introduction of a Bill to provide for a referendum on the abolition of the Seanad?

Enda Kenny (Mayo, Fine Gael)
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No. A great deal of work has been done on this issue, for example in terms of preparation for the legislation. There are practical considerations here. A referendum on the rights of children and on child protection is being held in November. I wish to make it clear to the Deputy that it will be put to the people. The question of when that will be done depends on certain practicalities. Ireland will have the Presidency of the European Union from January to June of next year. The Government has given an absolute commitment in this regard. The Deputy can take it that the people will have an opportunity to vote on the question of the abolition of the Seanad.

Niall Collins (Limerick, Fianna Fail)
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Last week, the Minister, Deputy Shatter, spoke about the need for a privacy Bill to be introduced. We do not think such a Bill is needed at this time. Can the Taoiseach tell the House when the Government intends to introduce the legislation in question for debate? Second, can he say when the judicial council Bill, which will provide for a complaints procedure with regard to judicial behaviour, will be introduced?

Enda Kenny (Mayo, Fine Gael)
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Much of the stuff that the Deputy's party did not think was necessary should have been done a long time ago. I suppose that is one of the things that has the country the way it is.

Robert Troy (Longford-Westmeath, Fianna Fail)
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Many of the Minister's Cabinet colleagues do not think a privacy Bill is needed.

Enda Kenny (Mayo, Fine Gael)
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There is a Bill before the Seanad. The Minister, Deputy Shatter, has given a commitment to review the matter again.

Billy Kelleher (Cork North Central, Fianna Fail)
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There were no wonderful ideas coming from the other side of the House when we were in government.

Bernard Durkan (Kildare North, Fine Gael)
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There was no mention of these issues when the Deputy's party was in government.

Micheál Martin (Cork South Central, Fianna Fail)
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Can the Taoiseach clarify the matter? I did not hear what he said.

Brendan Howlin (Wexford, Labour)
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The Deputy could not hear because the Taoiseach was being shouted down.

Billy Kelleher (Cork North Central, Fianna Fail)
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The Minister was slapped down by unions last week.

Enda Kenny (Mayo, Fine Gael)
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There is a Bill before the Seanad.

Micheál Martin (Cork South Central, Fianna Fail)
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What Bill?

Enda Kenny (Mayo, Fine Gael)
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The privacy Bill.

Micheál Martin (Cork South Central, Fianna Fail)
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Will the Government bring it before the House?

Enda Kenny (Mayo, Fine Gael)
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It is before the Seanad. The Minister, Deputy Shatter, has committed to reviewing that Bill.

Micheál Martin (Cork South Central, Fianna Fail)
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What does that mean?

Michael Healy-Rae (Kerry South, Independent)
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I would like to ask the Taoiseach about the local government reform Bill. It is vitally important for the Minister for the Environment, Community and Local Government to recognise the excellent work that is carried out by local authority members and county councillors throughout the country.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sure we all appreciate that, Deputy.

Brendan Howlin (Wexford, Labour)
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The Deputy is concerned about the family business.

Michael Healy-Rae (Kerry South, Independent)
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There is a very important point here, a Cheann Comhairle.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We will find out about the Bill for the Deputy.

Michael Healy-Rae (Kerry South, Independent)
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The Minister in question has a unique and special gift for making a mess of every issue he deals with. It is important that he does not make a mess of this issue too.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I do not know how that relates to the Order of Business.

Michael Healy-Rae (Kerry South, Independent)
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I have asked about the local government reform Bill.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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When is the Bill due?

Michael Noonan (Limerick City, Fine Gael)
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Was it the Deputy's cousin or his brother who told him to raise this issue?

Michael Healy-Rae (Kerry South, Independent)
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We have to recognise that the Minister has a unique gift for making a mess of everything he puts his hand to.

Niall Collins (Limerick, Fianna Fail)
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It will be the local government destruction Bill.

Micheál Martin (Cork South Central, Fianna Fail)
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I note the smiles of acknowledgment from the Minister's colleagues.

Enda Kenny (Mayo, Fine Gael)
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The Minister is not in the business of destroying family businesses.

Michael Healy-Rae (Kerry South, Independent)
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He has destroyed a lot of them.

James Bannon (Longford-Westmeath, Fine Gael)
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When can we expect the full implementation of the whistleblowers' legislation?

Micheál Martin (Cork South Central, Fianna Fail)
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There are plenty of them in the Cabinet.

James Bannon (Longford-Westmeath, Fine Gael)
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It was introduced to safeguard civic-minded individuals and citizens of this State.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is grand, Deputy. I will find that out for you now.

James Bannon (Longford-Westmeath, Fine Gael)
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I feel that much more is needed in this area.

Micheál Martin (Cork South Central, Fianna Fail)
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The Bill will protect whistleblowers like the Minister of State, Deputy Shortall.

Enda Kenny (Mayo, Fine Gael)
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The heads of the Bill have been published and have gone to the Oireachtas committee for consideration. A public seminar has been held on this matter. The Bill will be published before the end of the year.

Robert Dowds (Dublin Mid West, Labour)
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Can I ask the Taoiseach about the noise nuisance Bill?

Dara Calleary (Mayo, Fianna Fail)
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Deputy Durkan is over there.

Robert Dowds (Dublin Mid West, Labour)
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It is on section C of the list.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I wonder whether it applies to this Chamber.

Robert Dowds (Dublin Mid West, Labour)
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Many people's lives are being made difficult by the noise that is made by their neighbours. It would be useful to get this legislation on the Statute Book as soon as possible.

Enda Kenny (Mayo, Fine Gael)
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We do not have a date for the publication of the noise nuisance Bill at this stage.

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

Dara Calleary (Mayo, Fianna Fail)
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Speaking of noise nuisance.

Bernard Durkan (Kildare North, Fine Gael)
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I would like to ask about the Central Bank consolidation Bill, which has been promised. Given the importance of ensuring our Central Bank is in accord with the views of our colleagues throughout Europe and the European Central Bank, is it intended to bring the legislation in question before the House at an earlier date? That would send a clear statement of our intentions with regard to banking policy to our colleagues throughout Europe.

Enda Kenny (Mayo, Fine Gael)
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The Central Bank (Supervision and Enforcement) Bill 2011 is currently moving through the Houses. The Central Bank consolidation Bill cannot be brought into effect until the supervision and enhancement Bill has been completed and implemented. It will be next year before the consolidation Bill sees the light of day.

Billy Kelleher (Cork North Central, Fianna Fail)
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I would like to raise three matters. First, when will the Dolphin report on the children's hospital be published? Obviously, it is very important. We would like to have an open debate to make sure all elements of the decision-making process are transparent, which was not the case when decisions were being made about primary care centres. Second, when will the HSE governance Bill be brought to the Dáil? The Taoiseach is aware that chaos is now looming in hospitals across the country that have huge budget deficits. Third, can the Taoiseach confirm whether any advances have been made in the peace process between the warring parties in Hawkins House? Has peace been restored?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not promised legislation.

Kevin Humphreys (Dublin South East, Labour)
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Another noise nuisance.

Billy Kelleher (Cork North Central, Fianna Fail)
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Peace between the warring parties is needed if we are to get some semblance of normality back to the functioning of the Department of Health.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

The Deputy has raised two matters that are appropriate on the Order of Business and made one comment that is not to be commented on.

Niall Collins (Limerick, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

We need Kofi Annan.

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

It might fall under the disarming weapons Bill.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputies would want to think about the day the health boards were abolished.

Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

Is there a ceasefire or not?

Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Deputy Kelleher's follow-through is not as good as it used to be. The HSE governance Bill has been published and is before the Seanad.

Billy Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I know that. When is it expected to be taken in the Dáil?

Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Obviously, Senators have a view on it-----

Dara Calleary (Mayo, Fianna Fail)
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The Taoiseach ignores them.

Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

-----and like to hold onto Bills and debate them articulately and comprehensively.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thought the Taoiseach was trying to get rid of them.

Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Is the Deputy suggesting that while the Seanad is in existence, it does not have the right to debate these Bills?

Niall Collins (Limerick, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

That is what the Taoiseach is suggesting.

Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Dolphin report has been in the possession of the Minister for some time. He will bring his recommendations to the Cabinet in due course and the report will then be published.

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Peace process.

Ray Butler (Meath West, Fine Gael)
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When can we expect to see publication of the housing Bill to strengthen the regulatory framework for social housing? We were left with a framework by the previous Administration. In certain local authority areas Mystic Meg would not know a person was on the housing waiting list. We definitely need a new framework.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I am sure the Deputy can make a contribution when the Bill is brought forward.

Ray Butler (Meath West, Fine Gael)
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There are thousands on housing waiting lists who do not have a clue where they are on them.

Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

Ask Minister Phil; he will tell the Deputy.

Ray Butler (Meath West, Fine Gael)
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It is a legacy from the previous Government.

Enda Kenny (Mayo, Fine Gael)
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The housing Bill will published be next year.

Dessie Ellis (Dublin North West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Will the Taoiseach outline when the local government reform Bill will be brought before the House and what progress has been made on it because he did not answer the question? Will the allocation on housing continue to be an executive function? Will the Taoiseach consult the Minister, Deputy Phil Hogan, about his reference to and representations for a family?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I am sorry, but that is not in order on the Order of Business.

Dessie Ellis (Dublin North West, Sinn Fein)
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I think it is.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

Please do not let me repeat myself.

Dessie Ellis (Dublin North West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

It is a disgrace that any Minister would name and write to constituents about a particular family.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

Will the Deputy, please, resume his seat? I call on the Taoiseach to reply to the question on the local government reform Bill.

Enda Kenny (Mayo, Fine Gael)
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The Bill will be published next year. The heads have not yet come before the Government, but they are on their way.