Dáil debates

Wednesday, 10 July 2013

10:55 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 19, Protection of Life During Pregnancy Bill 2013 - Order for Report Stage and Report and Final Stages; and No. 20, Residential Tenancies (Amendment) (No. 2) Bill 2012 - Order for Report Stage and Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 9 p.m. and shall adjourn not later than midnight; (2) Report and Final Stages of No. 19 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at midnight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Health; and (3) in the event a division is in progress at the time fixed for taking Private Members’ business which shall be No. 111, motion re distressed mortgages (resumed), Standing Order 121(3) shall not apply and Private Members’ business shall, if not previously concluded, be brought to a conclusion after 90 minutes.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are three proposals to be put to the House. Before I put the first proposal, I ask the Taoiseach, now that the sitting is being extended to midnight, that a second break be included. The staff and those who service the Chamber only have a break for one hour from 1.30 p.m. to 2.30 p.m. It is not reasonable to ask people to work continuously for 12 hours. Can it be arranged that we will have some break in the debate this evening for the staff?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Whip will deal with that matter. I take the Chair's point in respect of the staff. We agree with it.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is it agreed that provision will be made? Agreed. Is the proposal that the Dáil shall sit later than 9 p.m. and shall adjourn not later than midnight agreed to? Agreed. Is the proposal for dealing with No. 19, Order for Report Stage and Report and Final Stages of the Protection of Life during Pregnancy Bill 2013, agreed to?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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It is not. We have consistently opposed the Government's consistent use of the guillotine in dealing with a range of legislation. A substantial number of amendments have been submitted to the Protection of Life during Pregnancy Bill 2013 and given the enormous interest in the Bill, irrespective of one's perspective, the decision to conclude the debate with one vote, even if all of the amendments have not been reached or debated, is the wrong one. Those who wish to move amendments should be facilitated in doing so and having them debated. What is proposed is that they be wrapped in one vote at the conclusion of the debate. That is not right and I oppose the proposition.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I commend the Ceann Comhairle for organising a break for the staff. We are not going to push this issue to a vote, but I would like to make a point that the Government is now engaged in the practice of imposing the guillotine. There are 160 amendments to this Bill, but I know all of the arguments have been rehearsed and all of the issues debated. However, in principle, we need to review how we do business in the Dáil because of the frequency with which the guillotine is being used. This is not a good way to do business. Deputies who submit amendments should have the right to speak to them and have them debated.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I understand an extensive number of amendments have been submitted. As many of them are connected to each other, they have, therefore, been grouped. Amendments can be discussed individually or in groups and can be voted on in groups. Therefore, I am not sure of the point being made by Deputy Micheál Martin. Very few Bills in the past 40 years have been subject to such extensive discussion, consultation and debate in the House. I suggest to the Deputy that what he should do is allow the procedure proposed to get under way. I understand many of the amendments will be dealt with very quickly, but I cannot predict the future in that sense.

I suggest to Deputy Martin that, while we take into account what he and Deputy Adams have said, we let the process start and see how it runs. I have no objection to extending the time again tonight, if that is necessary. We want this dealt with because we have set targets for individual pieces of legislation, and this has drifted for quite a long time. There has been very extensive consultation about it. The House was to rise at 10 p.m. and we have extended that for a further two hours so groups of these amendments can be dealt with. I suggest that we let the process commence and see how that works and how far we get. I do not have any difficulty in dealing with it for a further period but I am going to get rid of it tonight.

11:05 am

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Is the Taoiseach suggesting we would remain for a further period?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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We will review it at the sos this evening.

Question, "That the proposal for dealing with No. 19 be agreed to," put and declared carried.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The question is agreed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We did not agree.

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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We said "Níl".

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You are noted as dissenting. Is the proposal for dealing with Private Members' business agreed to? Agreed. I call Deputy Martin on the Order of Business.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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With regard to the health information Bill, the Future Health document stated it would have been published by the end of the second quarter of 2013. The Taoiseach might indicate when we can expect publication of that Bill.

With regard to the universal health insurance legislation and the White Paper that was promised on that, I would point out that, under the Dutch model, to which the Taoiseach was very attached during the general election, there has been an increase of up to 46% to date to the Dutch taxpayer following the introduction of universal health insurance. The Taoiseach might indicate whether the Government still intends to introduce the set of legislative proposals that would underpin the introduction of a universal health insurance system to Ireland, particularly given that our own private health insurance system is now in a very precarious and difficult situation, and some analysts are suggesting it is in a death spiral given the numbers leaving the health insurance sector. When does the Government intend to publish the White Paper on universal health insurance and when can we expect the health information Bill to be published?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Minister for Health is at the Estimates committee this morning. The health information Bill is due for later this year. The publicly funded GP scheme is also due later this year as part of the approach towards universal health insurance.

In respect of the private health insurance business, the Minister and the Department have been engaged with the private health insurers over the past week to ten days. I understand they have made substantial progress in regard to contributions from the sector in respect of reduction of costs and all of that area. The Minister gave an interim briefing to Cabinet yesterday and I expect that those discussions will conclude, hopefully, in the next couple of days, with results in the interests of the taxpayer. When that is reported to the Cabinet by the Minister, we will advise the House on the outcome.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Ba mhaith liom ceist a chur faoi reachtaíocht atá geallta agus dhá ábhair eile. Will the Taoiseach clarify the position of the adoption (information and tracing) Bill? This was to provide for an information and tracing service to applicants seeking information about adoptions on a statutory basis. Will the Taoiseach tell us when the Bill will be published and when it will be debated in the Dáil?

On 25 June, the Taoiseach said he would come back within a fortnight and report to the Dáil on the conclusion of the Government's consideration of an apology and redress scheme for the small number of surviving men and women of Bethany Home. Can he confirm it is still his intention that he will report to the Dáil this week?

Finally, I want to mention the decision to put the construction of the Narrow Water bridge on hold. Given it is such a vital infrastructure project for the Louth, south Down and south Armagh region, it is an issue that requires urgent attention by the Government.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not a matter for the Order of Business. I suggest the Deputy finds another way to raise it.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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On the adoption (information and tracing) Bill, there are a number of very complex constitutional issues involved. The Minister would expect to have the Bill before the end of the year but I am not sure how completely the range of constitutional questions that arise can be dealt with. The Bethany Home issue is still under consideration by the Minister for Justice and Equality.

I have seen the figures in respect of the Narrow Water bridge. Obviously, the local authority, Louth county Council, is not in a position to fund the over-run on the estimate. This matter is the subject of some discussion between the county council and the consultants involved on the tender prices but it seems exceptional in terms of the scale of the tender submitted and, indeed, the next one beyond that. It is something we have supported very strongly, as a House, and something we would like to see brought to fruition. However, in these circumstances, there is obviously a serious complication.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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A Cheann Comhairle-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy. I cannot debate that issue. I have been liberal but it is not a matter for the Order of Business.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I want to raise the issue of Bethany Home.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sorry. Please proceed.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I understand the Minister for Justice and Equality is still considering this. The Taoiseach gave a commitment to come back in a fortnight and, while we cannot hold him to that as he is, of course, very busy, this involves a small number of people who are mostly elderly and frail. I wonder if it could be done before the recess.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will ask the Minister for Justice and Equality. It is a different situation than applied in the case of the Magdalen Laundries and that is why it is still being considered by the Minister. I will bring the Deputy's interest and the comments he made a fortnight ago to the Minister's attention. There has been a lot going on in the drafting of justice legislation in the past period. The Presidency is out of the way, but it was a big responsibility in terms of time consumption. I will ask the Minister to advise the Deputy.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Go raibh maith agat.

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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The programme for Government commits to a review of the immigration system. On upcoming legislation, the Ombudsman today warned of serious concerns about children in direct provision asylum centres. It is an issue I have raised in the House on many occasions in regard to the long delays that families and children experience. When I raise it in the House, I am told that this issue will be sorted by the Immigration, Residence and Protection Bill which is due to come before the House. However, it is always six months away, and it has been six months away for two and a half years now. Can we please get some urgency behind this Bill and can we be told when it will be published?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I understand the Bill is awaiting Committee Stage and that it is a matter for the committee to decide when it can be taken. That is the delay at present.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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The Taoiseach is aware local authorities across the country are dealing with anti-social tenants. People and communities are being terrorised. A recent Supreme Court decision has brought a halt to actions against some of the worst and most serious cases. Section 62 of the Housing Act needs to be reviewed and legislation brought forward, and the Minister accepted that-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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What Bill are we talking about?

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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It is section 62 of the Housing Act. I wonder will this issue be included in the upcoming housing Bill.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot discuss that now.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I know there are three separate Bills but I want to know when that particular one will be coming up. This is very serious. Local authorities have their hands tied at the moment.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I am not sure whether the Deputy is talking about an existing Bill. There are two housing Bills, one for later this year and one for early next year. The issue of anti-social behaviour is one that is raised by many Deputies. I will ask the Minister of State, Deputy Jan O'Sullivan, to respond to the Deputy in respect of the housing issue.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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Last week, we learned that a report on child neglect in three jurisdictions remained unpublished by the HSE for 14 months. The Minister, Deputy Fitzgerald, confirmed in response to a parliamentary question that she was in receipt of the Government's independent rapporteur's report on child protection since January of this year.

We are waiting almost seven months for that report to be laid before the Houses of the Oireachtas. Will the Taoiseach indicate when it will be done?

11:15 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I understand that was a pilot report. The other report to which the Deputy referred was cleared by Cabinet yesterday.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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It should not take seven months to be cleared.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There is a well established precedent in regard to the publication of such reports, as Deputy Martin knows well.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I have called Deputy Mattie McGrath.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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I am ready and willing, a Cheann Comhairle. My first question relates to the electoral (amendment) (referendum spending and miscellaneous provisions) Bill. I am glad the Minister for Children and Youth Affairs is here as I raise this issue. We had a unanimous Supreme Court decision last November regarding the misspending of money by Government in the campaign leading up to the referendum on children's rights. The Bill we are discussing later today relates to a Supreme Court decision taken years ago.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy must confine himself to proposed legislation.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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There has been no debate in this House on the issues arising from that unanimous decision of the Supreme Court. Does the Government intend to ignore it?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am sure the Deputy will not allow that to happen.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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The Government is simply ignoring it.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Let us hear the Taoiseach's response.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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I have a second question, if the Ceann Comhairle will allow it.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Go ahead, Deputy.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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Perhaps I will not ask it, after all.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should get all his questions out of the way.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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I want a proper answer to both questions, not one half-answer and the second question ignored. When is it proposed to publish the criminal procedure Bill to provide for the reform of pre-trial processes? There are people throughout the country whose mortgages are in negative equity. Houses are being repossessed and people being beaten up in their homes-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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All of that will be discussed when the Bill is brought forward.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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People are aghast at what is happening. When will the Bill be introduced to bring some clarity to court procedures?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I do not have a date in respect of the criminal procedure Bill. I understand Second Stage of the electoral (amendment) Bill to which the Deputy referred was ordered last Friday.

Photo of Michael McNamaraMichael McNamara (Clare, Labour)
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Members of the Government have welcomed recent progress on immigration reform in the United States. However, the answer my colleague, Deputy Derek Nolan, has been given on the issue of immigration reform in this State is exactly the same as the one I received six months ago. It is very difficult to take seriously the Government's commitment in this regard.

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

Photo of Michael McNamaraMichael McNamara (Clare, Labour)
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When will the Government's Committee Stage amendments to the Immigration, Residence and Protection Bill be published? If it were serious about immigration reform, particularly the reform of direct provision, the Government would sign up to the European Union's directive on the reception of immigrants.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is a separate issue in respect of which the Deputy should put down a parliamentary question.

Photo of Michael McNamaraMichael McNamara (Clare, Labour)
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It is not a separate issue, it is a question.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is a query suited for a parliamentary question.

Photo of Michael McNamaraMichael McNamara (Clare, Labour)
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When will implementing legislation be published to enable the State to sign up to the reception directive? When will the Government's Committee Stage amendments on the Immigration, Residence and Protection Bill be brought forward? These are two concrete questions and I look forward to two concrete replies from the Taoiseach.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are certain issues which are in order on the Order of Business and certain issues which should be dealt with by way of parliamentary question. The Taoiseach should reply to what is in order.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I am not sure of the extent of Government amendments to the Immigration, Residence and Protection Bill that are required to be published following the consultation process which took place. These are serious matters and it is not simply a case of saying they will be published by Wednesday week or whatever. I cannot, at this time, indicate the extent of the amendments that will be introduced or the date on which they are likely to be published. As I understand it, the relevant committee is anxious for the Bill to proceed to Committee Stage. The Minister will update Members in due course. I am sure that in the context of that Bill, there will also be an indication of the decision in respect of the directive to which the Deputy referred.

Photo of Pat DeeringPat Deering (Carlow-Kilkenny, Fine Gael)
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There has been rumour and speculation for many years regarding unfair practices within the grocery sector, in the context of the uneasy relationship that exists between producers and large multiples in this country. A statutory code of conduct is long overdue to regulate the conduct of the grocery sector. Will the Taoiseach indicate the progress that has been made on the consumer and competition Bill?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Office of the Parliamentary Counsel provided revised drafts of the provisions of that Bill which relate to the amalgamation of the National Consumer Agency and the Competition Authority on 28 June. In addition, the office sent a memorandum to the Department regarding certain legal issues on 21 June. A response to most of the issues raised was conveyed back to that office on 8 July.

In regard to the media merger provisions in the Bill, the Office of the Parliamentary Counsel raised a series of very detailed questions on 25 June which are being jointly considered by the Department of Jobs, Enterprise and Innovation and the Department of Communications, Energy and Natural Resources. The Bill is at a very advanced stage, but publication might not happen before the Dáil rises for the summer recess on account of the extensive and very particular range of issues raised by the Office of the Parliamentary Counsel.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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In the context of the ongoing debate on fraud and the difficulty of proving it in this jurisdiction, when is it intended to bring the criminal records information system Bill before the House? I understand the heads of the Bill, which will facilitate exchange of criminal records between member states of the European Union and other designated states, have already been published. There is an urgent need to bring it forward in the current climate.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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That Bill is expected to be published later this year.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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When will legislation to implement the Government's proposal to reduce the voting age from 18 to 16 years come before the House? Foróige has welcomed the announcement in this regard, but there has been no clarification of the timeframe involved.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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This was one of a series of recommendations by the Constitutional Convention. The Whips have arranged for a discussion on the first report of the convention next week, which includes this particular issue. Yesterday the Government accepted in principle the recommendations made and, in line with our undertaking in this regard, we are giving an indicative timeline for implementation of the end of 2015.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Will the Taoiseach indicate the status of the criminal justice (corruption) Bill? As we approach the end of the session and enter into the third year in which there has been no resolution for the residents of Priory Hall, is there any prospect of an announcement in that regard? Given that the Taoiseach has a personal interest in the matter, will he undertake to give clarity on the matter?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The heads of the criminal justice (corruption) Bill have been referred to the Joint Oireachtas Committee on Justice, Defence and Equality. I inquired this morning about the ongoing situation in regard to Priory Hall and am sorry to tell the Deputy that it is still tied up in the courts. I hope it will begin moving a little more rapidly toward a conclusion for the people involved.

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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I seek further clarification on a matter raised by one of the Taoiseach's backbenchers, namely, the consumer and competition Bill. It is a very important Bill, as the Taoiseach has often acknowledged, dealing as it does, among other issues, with media monopolies. The Taoiseach has indicated on several occasions that it would be dealt with in this session. With only five sitting days remaining, what is the position in this regard?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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As I outlined to Deputy Pat Deering, the Office of the Parliamentary Counsel raised a series of very detailed questions on the media merger provisions of that Bill on 25 June, which are being consider by the Department of Jobs, Enterprise and Innovation and the Department of Communications, Energy and Natural Resources.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I understand the Government has considered the various reports from the Constitutional Convention, which has been operating successfully since January. Will there be an opportunity before the summer recess to consider the content of those reports?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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As I stated in response to Deputy Michael Healy-Rae, there will be an opportunity next week to debate the first report of the convention. Yesterday the Government approved in principle the recommendations of the convention, with an indicative timeline to deal with those recommendations, and possibly others, of the end of 2015.